European Court of Justice: Controversial decisions

European Court of Justice: Controversial decisions

Introduction

The European Court of Justice in the court of highest status in the affairs of European Union Law. The main task of this court is to make sure it's fair and just applicability across all European Union member states. It ensures that EU legislation is comprehended and implemented in the same manner across all the EU states. For instance, it ensures that national courts do not differ in their decisions significantly on the same issue. It was founded in 1952 and is currently situated in Luxembourg. It has currently 27 judges, one from each state hence ensuring equal representation of all the EU's legal systems. Eight advocate generals assist the Court by presenting their reasoned and impartial opinions to the court. All the decisions of the court are unanimous and at the same time anonymous, which prevents attribution of any result to the nationality of the judges on deciding the case. The main responsibility of the European Court of Justice (ECJ) is to ensure the implementation of the Union Law rather than the national law. National courts decisions cannot be challenged on the ECJ but rather ECJ assists national courts of all the respective member countries in the matters of EU law. The final decision regarding the application of the interpretation of information of any case rests with the national courts. The court also performs its duties as an arbiter among the European Union institutions and has the authority to declare the institution's legal rights as void if it goes beyond its powers.

There are a large number of cases brought before the Court of Justice and to assist the Court provide better legal protection to its citizens, a Court of First Instance” was formulated in 1989. The responsibility of this court is to arbitrate cases brought forward by individuals and private companies and organizations and also cases related to competition law. Another body with the name of European Civil service Tribunal has also been formulated to settle legal disputes among the EU and its civil service. It is attached to the Court of First Instance, which in turn is attached to the European Court of Justice.

Discussion

All the English lawyers and authorities have become accustomed to the ECJ decisions based on the Brussels 1 Regulation which contradicts with the scope of English Common Law. A Common Law System is a legal system that is based upon the societal customs and norms and enforced keeping by the judgments and decrees of the courts. The Common Laws gain their power from the community traditions and customs that have evolved over the period as interpreted by the legal tribunals. It works on the principle that it is unjust to give different decisions on similar cases on different occasions. In situations where there is any disagreement on the matters of law, past precedential decisions are sought to in a common law court. The court is obliged to pursue the interpretation of the ...