European Union Law

European Court of Justice

The European Union (EU ) is a celebrated alliance of Nations that runs from the United Kingdom and Portugal in the West to Turkey in the East The EU has made travel and trade much easier between its member states With few exceptions this Union now shares a common currency known as the Euro . After close to a decade of existence the Euro is now stronger than the U .S . Dollar . This economic powerhouse is energized by free trade between its members a free trade marked by cooperation rather than

br competition . Today , the average French Citizen has access to Limburger Swiss and Italian Cheeses at ever cheaper prices . The EU can legitimately boast that it has all but eliminated tariffs between native states

Unfortunately , this Union is not without its faults . There are occasions when selfish national interest subvert the good of the Union . After all despite the good will and benefits that nations gain from free trade parochial interests can still sometimes over come the common good . In such cases the European Court of Justice may be forced to intervene . For example , In Commission v . Italy Italian customs charges were struck down because any pecuniary charge , however small , imposed on goods by reason of the fact that they cross a frontier constitutes an obstacle to the movement of such goods

Commission vs . Italy is not an isolated case , it is safe to say that In developing the rules of the internal market , the European Court of Justice has maintained a careful balance between the de-regulation imperative of the Treaty , as interpreted by the Court , on the one hand and legitimate Member State interests and the reality of regulatory diversity , on the other . The Court 's perception of the place of both civil and political rights and social rights within the internal market changes in accordance with how this balance falls

The European Court of Justice (ECJ , also known as the Court of Justice of the European Communities is the highest court of the European Union The court is similar to a national Supreme Court . It strives , interpret the EU laws to ensure equal application across the various European Union member states The European Court of Justice is based in Luxembourg City and was established in 1952 . It is one of the few European Union institutions that is not based in Brussels . There is one judge for every member state although only thirteen can be present to hear a case at any given time

The ECJ has jurisdiction over all matter of European Community law , but can not intervene with respect to national law . Every nation has its respective national legal system which the Union must respect . However the ECJ ensures that EU level legislation is interpreted and applied in equal manner across the whole of the EU . This prevents national Supreme Courts from interpreting the same legislation differently . The Courts decisions are binding . For instance , a state that fails to implement a directive or a Commission...