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European Court of Justice and the relationship of the domestic courts of the Member States

Author: WuRenJian
Tutor: WangChuanLi
School: China University of Political Science
Course: International Law
Keywords: Europe 's major Community European Union Sovereignty transfer European Court of Justice Domestic courts of the Member States
CLC: D99
Type: Master's thesis
Year: 2008
Downloads: 132
Quote: 1
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Abstract


European integration has contributed to the establishment of the major European Community and the European Union. They are not only international organizations, but also the legal community, the basis of legally binding treaties and other legal documents for their existence and development plays a normative role. In the implementation process of these legal documents, the European Court of Justice as a judicial body for the protection of their unity, the effective application to play a key role. Determined by the particularity of the European Community and the European Union, the main body of the judicial application of Community law is not only the European Court of Justice, but also the domestic courts of the various member states. This is different from the unique judicial practice in the past, there have been an important theoretical and practical significance worth exploring: the relationship between the European Court of Justice and the domestic courts of the Member States. The paper is divided into five sections discuss this issue: The first part is the special nature of European integration and their organizations. From European integration, analysis of the particularity of the European Community and the European Union: the former has a super-national; the latter does not have a subject of international law qualification, it is just a framework. Departure from the concept of sovereignty, the sovereignty transfer analysis, the supranational European Community from the sovereignty of Member States cede power, the theoretical basis for the analysis below. The second part of the European Court of Historical Review. European Court of Justice as integration organization of the Judiciary, along with the historical development of the integration organization has undergone a historical process. The history of the European Court of Justice should be traced back to the major European Community Court of Justice, after the establishment of the European Union, the European Court of Justice remains the essence of the Community Court of Justice. In this process, the internal structure of the European Court of Justice have been some changes. The third part is the focus of the paper to analyze the relationship of the European Court of Justice and domestic courts of the Member States in the Community system. Alienation from the sovereign authority, it analyzes the two basic characteristics of Community law: effectiveness and priority effect. Thus compatible with Community law system, the Community, in fact, formed with the European Court of Justice and the domestic courts of the Member States of the justice system. Meanwhile, the theoretical analysis of the formation of this architecture: it is linked with the sovereign authority of alienation and judicial practice. The role of domestic courts of the Member States within a specified range commitment and limited Community jurisdiction in the judicial function and identity has a dual nature, which determines not simply a superior-subordinate relationship between the European Court of Justice and the domestic courts of the Member States but a a cooperation and decentralization in the Community within the judicial system. Cooperation between the European Court and domestic courts of the Member States in the uniform application of Community law, the first ruling of Community law to reflect on this relationship and confirm. At the same time, both in the exercise of the jurisdiction of the Community decentralized relations between the two has a different jurisdiction and reflects the different judicial functions. The fourth section describes the European Court of Justice and domestic courts of the Member States in the European Union, the three pillars under. Determined by the recipient and the content of the sovereignty transfer, the main significance of the second, the third pillar of the European Court of Justice and the domestic courts of the Member States is not the EU or the European Union on the Judiciary, and thus no causal relationship between the two. However, although the nature of the European Court of Justice for the Community Court of Justice makes its principle of jurisdiction is limited to the first pillar, but based on the needs of the Community powers of protection and the EU rule of law, the European Court of Justice also has a right under the second and third pillar item Affairs a certain jurisdiction. European Court of Justice and domestic courts of the Member States will occur in individual cases, a certain contact. The fifth part is the conclusion. On the above summary and a brief analysis of the impact of the Lisbon Treaty on European Union and the European Court of Justice. Although the jurisdiction of the European Court of Justice has changed, but the relations of the European Court and domestic courts of the Member States did not particularly change.

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