The court and the Dynamics of Integration
Jana Forstova
1. Introdution
Driving question: No typical driving question. The aim of the article is to point out that the ECJ does not have solely legal role, but it also acts as a law-maker and policy maker (acting as a catalyst towards integration process, single market, harmonization etc)
Notion: ECJ – seated in Luxembourg
1. The Court of Justice (ECJ): Created in 1952 as a court of ECSC (under Treaty of Paris), in 1958 renamed: Court of Justice of the European Communities (under Treaty of Rome). The highest court in the EU legal system. Judges (28), president, advocates general (9), registrar, chambers
2. The General Court: Created in 1988, formerly the court of First Instance
3. The Civil Service Tribunal: A …show more content…
Costa opposed nationalization of ENEL company and refused to pay the electricity bill. ECJ response: Mr Costa could challenge incompatibility of Italian law with the EU law and that the Italian law cannot have priority over the EU law.
Integration through law:
-2 visions: development of common trade and technologies versus the role of national governments
-ECJ is an autonomous judicial organ and has a dynamics on its own
Treaty of Rome envisaged:
- Elimination of discrimination – negative integration, until SEA in 1986
- Easier to implement clear prohibitions
- Harmonization programme – positive integration, After SEA: in need for consensus and free movement
-Direct effect: Mr Costa, Mrs Defrenne, Cassin de Dijon helped more the European integration then many other national officials from Members
Jana Forstova
1. Introdution
Driving question: No typical driving question. The aim of the article is to point out that the ECJ does not have solely legal role, but it also acts as a law-maker and policy maker (acting as a catalyst towards integration process, single market, harmonization etc)
Notion: ECJ – seated in Luxembourg
1. The Court of Justice (ECJ): Created in 1952 as a court of ECSC (under Treaty of Paris), in 1958 renamed: Court of Justice of the European Communities (under Treaty of Rome). The highest court in the EU legal system. Judges (28), president, advocates general (9), registrar, chambers
2. The General Court: Created in 1988, formerly the court of First Instance
3. The Civil Service Tribunal: A …show more content…
Costa opposed nationalization of ENEL company and refused to pay the electricity bill. ECJ response: Mr Costa could challenge incompatibility of Italian law with the EU law and that the Italian law cannot have priority over the EU law.
Integration through law:
-2 visions: development of common trade and technologies versus the role of national governments
-ECJ is an autonomous judicial organ and has a dynamics on its own
Treaty of Rome envisaged:
- Elimination of discrimination – negative integration, until SEA in 1986
- Easier to implement clear prohibitions
- Harmonization programme – positive integration, After SEA: in need for consensus and free movement
-Direct effect: Mr Costa, Mrs Defrenne, Cassin de Dijon helped more the European integration then many other national officials from Members