European Court of Justice

After the second world war, almost all the countries in the European Continent was suffering from the heavy consequences of war, many people were killed, cities were destroyed and consequently the trade was dead. In order to change the non-productive environment 6 countries namely, Italy, Germany, France, and Benelux came together to establish the European Coal and Steel Community with the Treaty of Paris in 1952. With the European Coal and Steel Community, 6 founding members accepted to delegate their powers to ECSC, which created a supranational authority to deal with matters concerning only coal and steel.

Moreover, with the Treaty of Paris Court of Justice of Europe was established. This supranational community constituted the basis of European Union, however, contracting parties decided that this partnership based on coal& steel should continue for only 50 years. Following ECSC, countries came together to sign Treaty of Rome in 1958, with the aims of having a common market and tariff across the member states and establish European Economic Community. Furthermore, between 1958 and 1987, 6 new countries joined to the EEC such as United Kingdom, Denmark, Ireland, Greece, Portugal and Spain. However back then, a unanimous decision was required to have a decision which unfortunately created the empty chair crises in the EEC, therefore countries signed the Single European Act, in order to chance the requirement of a unanimous vote to qualified majority vote. Also with this new act, contracting parties started to discuss having an internal market instead of a common market. In 1992, in order to establish "more closer Europe" parties signed the Treaty of Maastricht, which foreseen EU citizenship. Additionally, all the members and new members are expected to arrange their domestic legislation according to Acquis Communautaire that is basically the EU law.

Acquis Communautaire includes treaties, international agreements, EU legislation and standards but also it includes court verdicts. Following the Treaty of Maastricht, Treaty of Amsterdam, Treaty of Nice and finally Treaty of Lisbon was signed which is the treaty finding the European Union in 2009. The European Union earned its legal personality, and became a supranational legal entity. European Court of Justice is the body of EU, which ensures the protection of 4 fundamental freedoms of EU single market as free movement of people, goods, services and capital, and moreover it also ensures the right application and interpretation of EU law as it was explained in the Treaty of Rome, article 164. A case in front of European Court of Justice, sometimes referred by the European Commission, sometimes by the EU citizens or by the EU countries when there is an allegation that one of the Member State is not fulfilling its duty under the EU law. European Court of Justice ensures the uniform application of EU law in every single EU Country and its decisions formed the current EU law and it still continues to from. ECJ is currently based in Luxembourg.

European Court of Justice
Case 1: Watsons Judgment C- 698/15
Case 2: Commission v. Belgium C- 250/08
Study Guide Rules of Procedure