Dissertation
Dissertation > Political, legal > Legal > International law

The European Court of Justice preliminary ruling system of

Author CuiYuanYuan
Tutor ShiXiaoLi
School China University of Political Science
Course International law
Keywords European Court of Justice Preliminary ruling system European Integration
CLC D99
Type Master's thesis
Year 2008
Downloads 97
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Since the European Court of Justice was established in 1957, the European Court of Justice play an important role in the framework of European Community law. The European Court of Justice through the preliminary ruling system established the basic principles of Community law, such as the principle of direct effect and maximum effectiveness, to ensure their position in the Community judicial system. Status of the European Court of Justice is unique in that, on the one hand, whether in program or structure, the European Court of Justice is not a full development of the Federal Court or the Supreme Court. First of all, on the procedure, individuals have no right to directly appeal to the European Court of Justice. The European Court of Justice does not actually hearing cases, but to explain the legal issues involved in the case. Second, institutional, even taking into account the creation of the Court of First Instance, the Community does not form a federal Court's landmark judicial hierarchy characteristics. In the United States a federal court countries, a series of federal court system in the Supreme Court, in a specific region within the functions and powers. On the other hand, in fact, on the development of relations between the domestic courts and European Court of Justice (for example: given the direct effect of Community law and the highest effectiveness, a precedent for the effectiveness of the principle of law has made it clear, fuzzy interpretation and the applicable limits, etc.) in some extent, from the creation of the idea when the initial level, the bilateral relationship into a vertical and multilateral relations. Although there is no express provision, but these changes in fact reflect the evolution of the Community judicial hierarchy, namely the European Court of Justice as the Community of the final substance of the Constitutional Court at the top of this hierarchy, while the domestic courts through the application and interpretation of Community law this evolution has played an important role. The purposes of this article is to explore the successful operation of the preliminary ruling system to ensure uniformity and consistency of the Community legal system play a decisive role. The system as the first field of international justice, in order to ensure that Community law in all Member States to the uniform interpretation and uniform application of an effective program mechanism. The preliminary ruling system directly contributed to the penetration of the Community legal system, members of the legal system to promote the national courts are used to resolve legal disputes, from the perspective of Community law in the process of European integration \This paper is divided into the following four parts: The first part describes establishing the European Community Treaty (hereinafter referred to as the \the boundaries between the principle of clarification of the law has made it clear in the preliminary ruling system, as well as in the preliminary ruling system development process, gradually blurred interpretation of Community law and the applicable Community law, this awareness of fuzzy behavior reinforced by the European Court of Justice own role in the construction of the Community legal system. In any case, the ultimate purpose of the preliminary ruling system is to ensure that Community law in all Member States to get the uniform application of the Judiciary, to ensure that the overall objectives of the Community is not because the individual acts of destruction, individual members of the Administration judicial institutions and even individual citizens of the Member States are fully aware of this, their role in the integration of the Community. The second part of the authority and effectiveness of the European Court of Justice ruling, the case illustrates that the precedent effect. In fact, the ruling on the case of Da Costa was first established the precedent effect of Community law, can be considered as taken by the European Court of Justice emphasized that its decision the authority of the effectiveness of a rational step, the result is the domestic courts in the process of adjudication of cases a reference to the European Court of Justice ruling. The relationship between national courts and European Court of Justice towards multilateral development, the European Court's ruling has an impact on all domestic courts. In view of this multilateral relations with the European Court of Justice can create a more substantive authority of the effectiveness of the Community legal system, this change is to be expected. CILFIT case to consolidate the precedent effect of the decision is certainly not a careless move. European Court of Justice is aware of the use of domestic courts, the ruling of the Da Costa case. In addition, the European Court of Justice to strengthen the determination of previously ruled that the precedent effect can be explained: by strengthening the ruling precedent effect, the European Court of Justice to expand the scope of the award authority. Involving the same legal issues, and even lead to the previously generated in the case the problem is not the same, or procedures of the problems is not the same as those already made by the ruling is still the authoritative effect. The third part of the direct effect principle and the principle of maximum effectiveness in the European integration, as well as a member of these two principles of acceptance, by the European Court of Justice ruling. The direct effect principle and the principle of maximum effectiveness can be said that the two most important principles established by the European Court of Justice in the European integration process, it is these two principles to ensure uniformity and consistency of Community law in Member States. Principle of direct effect of Community law directly applicable to the effectiveness of member countries, and individual citizens of the Member States affected even by invoking Community law to defend their rights in order to more effectively defend the consistency of Community law. The highest principle of effectiveness requires that all domestic legislation conflicts with the Community wears must be allowed in the Community law, to ensure the uniform application of Community law in Member States. For recognition of the objective and spirit of the Community Treaty, the member states to adjust the country's judicial system, restraint and judicial boundaries, maintaining the ultimate goal of the Community law, to promote the European integration process. The fourth section describes the preliminary ruling of the European Court of Justice System Reform scenarios are brief evaluation. Heavy bear the burden of work of the European Court of Justice and the Court of First Instance, and, the Union planned to expand and the emergence of new types of actions that have exacerbated the situation of the burden, allowing the Community institutions and Member States made a series of the 2000 Intergovernmental Conference on the Community Justice's reform program. Ultimately the Treaty of Nice choice for a preliminary ruling system is to allow the Court of First Instance to hear the cases of some of the preliminary ruling, thus, reduce the number of cases of the preliminary ruling of the European Court of Justice v. tired. Although the long-term view of this reform program is not perfect, however, at present, full use of the platform after the reform, better play the role of the preliminary ruling system in the process of European integration may well be a wise choice. The paper concludes: Despite the challenges, the Community authorities of individual member governments, the judiciary and individual citizens are widely accepted system of the preliminary ruling of the European Court of Justice, the legal system to provide a unified European political, economic and social integration on the basis of the European Court of Justice through the preliminary ruling system of the Community Treaty Article 234 (formerly 177) to promote the European integration process.

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