Supremacy Of European Union Law Over National Law: The Factotame Case

1510 words - 6 pages

The establishment of the European Union gave birth to various institutions, which bring order and reform to member states. One of these institutions which is extremely important the European Court of Justice as it interprets the laws of the European Union and makes sure that all the laws are applied in the same with in all of the European Union countries. Aside from interpreting laws it also settles legal disputes between the European Union government and the various institutions in the European Union. The jurisdiction of the European Court of Justice encompasses: solving disputes from country to country and within an institution, individuals, companies or organization, if the European institution threatens rights. One such case, which was brought forth by an individual to the court, is the Factotame case.

Before we embark upon why the Factotame case was brought fort to the court it is extremely important for us to know about the composition of the European Court of Justice. The court is made up of twenty-seven judges, one from each member state. There are eight “advocates – general” whose job is to present opinions on cases, which are brought before the Court. The appointment of judge and advocate general is determined by each member state of the European Union and they are appointed for a six-year renewable term. Due to the large number of cases brought forth to the European Court of Justice, in an effort to better serve the constituents the General Court decides over certain cases. The General Court decides over cases that encompass private individuals, companies and organizations. The court has a President, which is elected by all the judges for a renewable term of three – years. The primary job of the president is to preside over hearings, deliberations and direction both judicial business and administration. If there is a president, then there must be a vice – president. Aside from the President, the European Court of Justice also has a Vice President; the position was recently added to the court by many amendments to the Stature of Court of Justice in 2012. The primary responsibility of the Vice President is to assist the President in the performance of his duties, but also includes taking the place of the President when he is not available or the office is vacant instead of this to take the President’s place whenever the president is not available or the office of the president is vacant. The members of the court elect the Vice – President, for a three-year term, just like the president.
When the court makes its decisions it upholds the treaties and makes sure that the European law is interpreted and applied in the same manner across the European Union. The court assures this implementation through various forms of legal action. There are many types of legal action such as: preliminary rulings, proceedings for failure to fulfill an obligation, proceeding for annulment. Preliminary rulings allow for...

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