Following the Treaty of Lisbon in 2009, the European Union now has legal personality and the competences previously held by the European Community. Community law is now European Union law, including provisions from the Treaty on European Union before the Treaty of Lisbon. The European Atomic Energy Community (Euratom) still exists alongside the European Union, and references to European Union law also include Euratom law.
The Court of Justice is composed of 27 Judges and 11 Advocates General, appointed by the Member States for a term of six years. The President and Vice-President are elected by the Judges. The Advocates General provide impartial opinions in cases. The Registrar manages the Court’s departments.
The Court can sit as a full court, a Grand Chamber, or Chambers of three or five Judges. It sits as a full court in specific cases prescribed by its Statute and in cases of exceptional importance. It sits in a Grand Chamber for complex or important cases, upon request by a Member State or institution. Other cases are heard by Chambers of three or five Judges.
The Court’s jurisdiction includes references for preliminary rulings and various categories of proceedings. National courts can refer to the Court to clarify EU law or review the validity of an EU act. The Court’s judgment is binding on the referring court and other national courts facing the same issue.
Actions for failure to fulfill obligations allow the Court to determine if a Member State has complied with EU law. The Commission conducts a preliminary procedure before bringing a case to the Court, giving the Member State a chance to respond. If the failure persists, an action for infringement of EU law can be brought before the Court.
Source Curia
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