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Europen Court of Justice

Europen Court of Justice

The Court of Justice of the European Union (CJEU) has a duty to interpret the EU law in order to ensure the uniform application throughout the EU Member States via interpreting EU law or settling legal disputes brought in front of the court by Member States, individuals and EU institutions. The Court can deliver opinions at the end of the following procedures: (i)Preliminary Rulings, when the interpretation of an EU law by a national court raise a doubt, due to Art. 267 of the Treaty Founding the European Union the party who alleges such an inconsistency may send the case to the CJEU. The same mechanism can be used to determine whether a national law or practice is compatible with EU law. (ii) Infringement Proceedings; can be initiated by the European Commission or any of the Member States, at times when a national government/member state fails to comply with EU law. After a Member State is found responsible, she has given another chance to ratify its omission or she may be faced with a fine. (iii) Actions for Annulment, if an act adopted by EU institutions, or body is believed to violate the EU legislation or fundamental rights, the Court can be asked to by an EU Member State, the Council of the EU, the European Commission or (in some cases) the European Parliament to nullify it. It can, in certain circumstances, be used by individuals, companies or organizations to take action against an EU institution, in the case of an alleged infringement. Furthermore, in order to ensure sustainability of EU, (iv) Actions for Failure to Act can be used by Member States, other EU institutions and under certain conditions individuals or companies when, the EU Parliament, Council and Commission refrain from taking any actions or decisions under certain circumstances. (v)Actions for Damages, any person or company who has had their interests harmed as a result of an action or failure to take an action by the EU or its staff can claim for their damages in front of CJEU. In the European Court of Justice, 1 judge (the "judge-rapporteur") and 1 advocate general are assigns to each case. Cases are processed in 2 stages: (i)Written stage where parties submits their written statements. Moreover observations can also be submitted by national authorities, EU institutions and sometimes by private individuals. All of this is summarized by the judge-rapporteur and then discussed at the Court's general meeting, where judges decide, whether a hearing needs to be held and whether the advocate general’s opinion is necessary. (ii) Oral stage when Lawyers from both sides will deliberate their arguments in front of the judges and advocate general, who can question them. On the other hand General Court procedure is similar, except, 3 judges hear most of the cases and there is no advocate general during the deliberation. At Justinianus Moot Courts 2017, we will be simulating The Court of Justice of the European Union where advocates are given an opportunity to advocate for the government of the Netherlands or Salih Zeki Sevince, a Turkish national by drawing verbal images of the facts and present the rationale and reasoning of the legal complaints. You, the applicants will have a chance to do researches on primary and secondary EU law, and legal relationship between European Union and Turkey. You can join European Court of Justice simulation as a judge who will assess evidences & testimonies and have an impact on the final decision or as the representative of the government of the Netherlands or Salih Zeki Sevince to enjoy your own legal defensive creativity. Hope to see you as a part of the European Court of Justice this April.

Court information

  • Case

    Salih Zeki Sevince v. Staatssecretaris van Justice

  • director

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  • Documents
  • ROP
  • Handbook