In 1952, the Court of Justice of the European Union was established in Luxembourg. The CJEU is the highest legal authority of the EU. Its mission is to ensure that EU law is interpreted and applied in the same way in every EU country, and that the countries and EU institutions comply with EU law.
In detail, its main functions are as follows:
- Interpretation of the law (preliminary rulings): National courts of EU countries must ensure the correct application of EU law, which they may interpret differently. If a national court has doubts about the interpretation or validity of an EU legislative act, it can request clarification from the Court. The same mechanism can be used to determine whether a national law or practice is compatible with EU law.
- Enforcement of the law (infringement proceedings): These are proceedings against member states for non-compliance with EU law. These proceedings can be initiated by the European Commission or another EU member state. A member state found to have violated its obligations must take corrective action immediately, otherwise it risks a second action being brought against it, which may lead to a fine.
- Annulment of EU legal acts (actions for annulment): If an EU legal act is considered to violate the EU Treaties or the fundamental rights of citizens, member states, the EU Council, the European Commission, or (in some cases) the European Parliament can ask the Court to annul it.
Individuals can also ask the Court to annul an EU act that directly affects them. - Ensuring action by the EU (actions for failure to act): The European Parliament, the Council, and the European Commission are required under certain conditions to make certain decisions. If they do not, EU member states, other EU bodies, and (under certain conditions) individuals or businesses can file a complaint with the Court.
- Imposing sanctions on EU bodies (actions for damages): Any person or business that has suffered damage due to an action or omission by the EU or its staff can bring an action before the Court.
