Discuss, in the light of the established case law, the dynamic role played by the European Court of Justice in ensuring the effectiveness of the treaty and subordinate sources concerning free movement of persons.

European Court of Justice - Free Movement of Persons

The European Court of Justice

From early on it became clear to close observers of the EU that the role and rule of law were going to be critical in anchoring EU policy regimes . If the legal system could ensure a high rate of compliance , a way of giving authoritative interpretation to disputed texts , and a means of redress for those for whom the law was created , then the EU process as a whole would gain solidity and a predictability that would help it

to be sustained . The ECJ was established in the first treaty texts these have been virtually unchanged since then , except to cater for the increasing workload and successive enlargements of the EU membership

The ECJ , sited in Luxembourg , is now composed of fifteen judges , as well as the nine advocates-general who deliver preliminary opinions on cases The SEA in 1986 established a second Court of First Instance , composed now of fifteen judges , to help in handling the heavy flow of cases . The EU has thus something like a supreme court , able to provide an overarching framework of jurisprudence , as well as to deal with litigation , both in cases referred via the national courts and in those that are brought directly before it . The Courts ' sanctions are mostly the force of their own rulings , backed up in some instances by the ability to impose fines on those (usually companies ) found to have broken EU law . The T EU gave the ECJ power to fine member governments for non-application of European law . Also , as a result of its own rulings (especially one of the Factortame cases on fisheries -- see Chapter 13 , damages can be claimed against governments that fail to implement European law correctly . The Courts take their cases in public but reach their judgments in private by , if necessary , majority votes the results of their votes are not made public , and minority opinions are not issued

A series of key cases has , since the early 1960s , established important principles of European law , such as : its supremacy over the law of the member states , its direct effect , a doctrine of proportionality , and another of non-discrimination . In doing so the ECJ has gone further in clarifying the rule and the role of law than had specifically been laid down in the treaties . In some policy domains court cases have been one of the key forces in developing EU policy regimes . Table 1 . summarize the pattern and volume of cases before the Court

Table 1

New cases at the European Court of Justice , 1972-1997 (no (five-year periods , Since 1972 five-year 1992-1997 each year given

Subject-matter Cases 1972 1977 1982 1987 1992 1993 1994 1995

1997

until 1971

Agriculture and 99 36 61 83 81 198 210 65 70 60 66

fisheries Transport 3 -- 2 4 5 14 10 11 5 3 11

Taxation 27 1 2 9 35 20 21 25 36 33 61

Free movement of 53 3 25...