Part II EU LAW – Lesson 5-2.pptx

# The Court of Justice of the European Union (CJEU) in general The Court of Justice of the European Union (CJEU) is the EU's judicial institution responsible for ensuring that EU law is interpreted and applied uniformly across all Member States. ## 1. The CJEU in general The Court of Justice of the European Union (CJEU) is a crucial judicial institution established in 1952. It is divided into two distinct bodies: the General Court, which acts as the court of first instance, and the Court of Justice itself. The primary tasks of the CJEU are to: * Ensure the consistent interpretation and application of EU law across all EU countries. * Enforce EU law by ensuring that countries, public authorities, citizens, and EU institutions comply with it. * Settle legal disputes between national governments and EU institutions. ### 1.1 Structure and membership of the CJEU The CJEU comprises two separate courts: #### 1.1.1 Court of Justice * Consists of one judge from each Member State. * Includes eleven Advocates General. #### 1.1.2 General Court * Comprises two judges from each Member State. ### 1.2 Initiation of legal proceedings Legal proceedings before the CJEU are most commonly initiated by: * National governments. * EU institutions themselves. In specific circumstances, private individuals, citizens, companies, or organisations can also initiate proceedings against an EU institution if they believe their rights have been infringed. ### 1.3 Competences of the CJEU and the General Court The CJEU has jurisdiction over several types of actions, including interpreting the law, enforcing the law, annulling legal acts, ensuring EU institutions take action, and sanctioning EU institutions. The General Court handles certain actions at first instance. #### 1.3.1 Interpreting EU law: The preliminary ruling procedure The preliminary ruling procedure is a mechanism designed to ensure the effective and uniform application of EU legislation and to prevent divergent interpretations by national courts. * **Purpose:** When a national court is in doubt about the interpretation or validity of EU law, or about the compatibility of national legislation with EU law, it can refer the matter to the Court of Justice for clarification. * **Initiation:** In principle, preliminary rulings can only be requested by national courts. However, all parties to the proceedings before that national court, as well as Member States and EU institutions, may participate in the proceedings before the Court of Justice. * **Binding effect:** The Court of Justice's reply, delivered as a judgment or reasoned order, is binding on the national court that made the reference. It also binds other national courts facing the same issue, thereby ensuring consistent application of EU law. * **Citizen access:** This procedure allows any European citizen to seek clarification on EU rules affecting them, by raising questions through their national courts. > **Tip:** Preliminary rulings are a cornerstone of the EU legal system, enabling the CJEU to shape the development of EU law and ensuring that it is applied consistently throughout the Union. #### 1.3.2 Enforcing EU law: The infringement procedure The infringement procedure, also known as "actions for failure to fulfil obligations under EU law," is taken against a national government for failing to comply with EU law. * **Initiation:** This procedure can be initiated by the European Commission or by another EU Member State. * **Steps:** 1. **Letter of Formal Notice:** The Commission sends a letter to the Member State requesting information about a suspected breach of EU law. 2. **Reasoned Opinion:** If the Member State's reply is unsatisfactory, the Commission issues a formal request to comply, outlining its reasons for believing a breach has occurred. 3. **Referral to the CJEU:** If the Member State still fails to comply, the Commission can refer the case to the CJEU. 4. **Court Ruling:** The CJEU determines whether the Member State has failed to fulfil its obligations. 5. **Financial Penalties:** If the Member State continues to disregard the Court's judgment, the Commission can initiate a second action to seek financial sanctions. > **Example:** The Commission initiated infringement proceedings against Hungary for failing to comply with CJEU rulings on asylum rules, potentially leading to financial penalties. This highlights how the infringement procedure serves to enforce compliance with EU law and uphold its integrity. #### 1.3.3 Annuling legal acts: Actions for annulment Actions for annulment are brought when a European act is believed to violate EU treaties or fundamental rights. * **Purpose:** To have a specific EU legal act declared void. * **Applicants:** * **Privileged applicants:** EU countries, the European Parliament, the Council, and the European Commission can bring an action for annulment in the interest of legality, without needing to prove a specific interest. * **Semi-privileged applicants:** The European Central Bank, the European Court of Auditors, and the European Committee of the Regions can initiate such actions only to protect their own prerogatives. * **Non-privileged applicants:** Individuals, legal persons, and regional or local governments can bring an action for annulment only if they can prove the contested act is addressed to them or, if not, that it directly and individually concerns them. * **Grounds for annulment:** These include lack of competence, infringement of an essential procedural requirement, violation of EU treaties or the Charter of Fundamental Rights, infringement of any rule of law relating to the application of treaties, and misuse of powers. * **Effects of annulment:** When an act is annulled, its effects are generally considered void from the point of its adoption (ex tunc), though the CJEU may rule that the effects are maintained. > **Example:** Poland and Hungary initiated annulment proceedings against a regulation that allowed for the termination or reduction of EU budget funds to Member States found to be in breach of the rule of law. #### 1.3.4 Ensuring EU institutions take action: Actions for failure to act These actions are brought when EU institutions, bodies, or agencies fail to take a decision or action that they are legally obliged to take. * **Initiation:** EU governments, other EU institutions, or, under certain conditions, individuals or companies can complain to the Court if an institution fails to act. * **Relevance:** These actions have historically played a minor role due to the difficulty in proving a clear obligation for the institution to act in a specific way, as treaty provisions and secondary legislation rarely impose such strict obligations. #### 1.3.5 Sanctioning EU institutions: Actions for damages Any person or company that has suffered harm due to the action or inaction of the EU or its staff can take legal action to seek compensation for that damage. * **Jurisdiction:** These actions are brought directly before the General Court. * **Elements to prove:** 1. **Illegal conduct:** The EU institutions or their servants must have engaged in unlawful conduct (an action or omission) that violates EU law. 2. **Damage:** There must be evidence of real and certain damage suffered by the claimant. 3. **Causal link:** A direct causal link must exist between the illegal conduct and the damage claimed. > **Tip:** The exclusive jurisdiction of the CJEU for actions for damages against the EU means that such claims cannot be brought before national or international courts. ### 1.4 Competences of the General Court The General Court has jurisdiction over a range of actions, particularly those initiated by individuals and legal persons. Its competences include: * Hearing and determining actions for annulment brought by individuals or legal persons against acts of EU institutions, bodies, offices, or agencies that are addressed to them or directly and individually concern them. * Hearing actions for failure to act on the part of these same institutions. * Hearing actions brought by Member States against the Commission. * Hearing actions seeking compensation for damage caused by EU institutions or their staff. * Adjudicating on disputes between EU institutions and their staff concerning employment relations and social security. The General Court hears cases at first instance, while the Court of Justice typically handles actions brought by Member States or the Commission and hears appeals against judgments of the General Court, focusing solely on points of law. --- # Composition and initiation of procedures before the CJEU This section details the composition of the Court of Justice of the European Union (CJEU) and the General Court, and clarifies the entities and individuals with standing to initiate legal proceedings before these courts. ## 2. Composition and initiation of procedures before the CJEU The Court of Justice of the European Union (CJEU) is the EU's judicial branch, established to ensure that EU law is interpreted and applied uniformly across all Member States and to enforce compliance with this law. It is divided into two main bodies: the General Court and the Court of Justice. ### 2.1 Composition of the CJEU The CJEU comprises judges and advocates general, with distinct compositions for the Court of Justice and the General Court. #### 2.1.1 Court of Justice * **Judges:** There is one judge from each EU Member State. * **Advocates General:** There are eleven advocates general. #### 2.1.2 General Court * **Judges:** There are two judges from each EU Member State. > **Tip:** The President of the CJEU plays a significant role, with the current president having served multiple terms since 2015. ### 2.2 Initiation of legal proceedings before the CJEU The right to initiate legal proceedings before the CJEU is generally held by Member States and EU institutions. However, private individuals and entities can also bring cases under specific circumstances. #### 2.2.1 Standing of Member States and EU Institutions * **National Governments (Member States):** They frequently initiate proceedings, particularly in cases of alleged breaches of EU law by other Member States. * **EU Institutions:** Institutions such as the European Parliament, the Council, and the European Commission are also common initiators of legal actions. #### 2.2.2 Standing of Private Individuals and Entities Private individuals, citizens, companies, undertakings, and organizations can initiate proceedings before the CJEU, but only in specific situations. This usually occurs when they believe an EU institution has infringed upon their rights through its actions or omissions. These actions are typically brought before the General Court. > **Tip:** Understanding who has standing is crucial, as initiating a procedure without the proper entitlement will lead to its inadmissibility. ### 2.3 Types of Actions and Competences The CJEU, through its two courts, has various competences to interpret, enforce, annul, and ensure action under EU law. These competences are distributed between the Court of Justice and the General Court. #### 2.3.1 Interpretation of EU Law (Preliminary Ruling Procedure) * **Purpose:** To ensure the uniform interpretation and application of EU law across all Member States. * **Initiation:** Primarily initiated by national courts when they are in doubt about the interpretation or validity of EU law, or about the compatibility of national law with EU law. * **Parties:** While initiated by a national court, Member States and EU institutions can participate in the proceedings before the Court of Justice. * **Binding Effect:** Preliminary rulings are binding on the national court that referred the question and serve as guidance for other national courts facing similar issues. * **Impact:** This procedure allows any EU citizen to seek clarification on EU rules affecting them. > **Example:** A national court unsure whether a specific national tax law complies with EU state aid rules would refer the question to the CJEU for a preliminary ruling. #### 2.3.2 Enforcement of EU Law (Infringement Procedure) * **Purpose:** To address situations where a Member State fails to comply with its obligations under EU law. * **Initiation:** Can be started by the European Commission or another EU Member State. * **Procedure:** 1. **Letter of Formal Notice:** The Commission (or another MS) informs the Member State of the suspected breach and requests information. 2. **Reasoned Opinion:** If the response is unsatisfactory, the Commission issues a formal request to comply, detailing the perceived breach. 3. **Referral to the CJEU:** If the Member State still fails to comply, the Commission can bring the case before the CJEU. 4. **Court Ruling:** The CJEU determines if the Member State has failed to fulfill its obligations. 5. **Financial Penalties:** If the Member State continues to non-compliance, the Commission can initiate a second action to seek financial sanctions. > **Example:** If Hungary fails to implement EU asylum rules correctly, the Commission can initiate an infringement procedure, potentially leading to financial penalties. #### 2.3.3 Annulment of Legal Acts (Actions for Annulment) * **Purpose:** To challenge the legality of EU legal acts that are believed to violate EU treaties or fundamental rights. * **Initiation:** Can be brought by "privileged applicants" (Member States, European Parliament, Council, Commission), "semi-privileged applicants" (European Central Bank, European Court of Auditors, European Committee of the Regions) to protect their prerogatives, or "non-privileged applicants" (individuals, legal persons, regional or local governments) who must prove the act is addressed to them or directly and individually concerns them. * **Grounds for Annulment:** Lack of competence, infringement of essential procedural requirements, infringement of EU treaties or the Charter of Fundamental Rights, infringement of any rule of law relating to treaty application, and misuse of powers. * **Effects of Annulment:** Generally retroactive ($ex\ tunc$), but can be from the date of the judgment ($ex\ nunc$). The CJEU may also decide to maintain the effects of the annulled act. > **Example:** Poland and Hungary initiated annulment proceedings against a regulation that allowed for the reduction of EU budget funds for Member States breaching the rule of law. #### 2.3.4 Ensuring EU Institutions Take Action (Actions for Failure to Act) * **Purpose:** To compel EU institutions (Parliament, Council, Commission) to make required decisions or take necessary actions. * **Initiation:** Can be initiated by EU governments, other EU institutions, or under certain conditions, by individuals or companies. * **Relevance:** This action has historically played a minor role due to the difficulty in proving a strict obligation for institutions to act in a specific way. #### 2.3.5 Sanctioning EU Institutions (Actions for Damages) * **Purpose:** To seek compensation for damage caused by the actions or omissions of the EU or its staff. * **Initiation:** Can be brought by any person or company whose interests have been harmed. These actions are typically brought directly before the General Court. * **Jurisdiction:** The CJEU has exclusive jurisdiction over these claims. * **Elements to Prove:** 1. Illegal conduct of the institutions or their servants (action or omission). 2. Existence of real and certain damage. 3. Causal link between the conduct and the damage. > **Example:** A company claiming financial losses due to an unlawful decision by the European Commission can bring an action for damages before the General Court. ### 2.4 Competences of the General Court The General Court handles specific types of cases at first instance, playing a crucial role in the judicial protection of individuals and entities. * Actions for annulment brought by natural or legal persons against acts of EU institutions, bodies, offices, or agencies, provided these acts are addressed to them or directly and individually concern them. * Actions for annulment against regulatory acts that concern them directly and do not entail implementing measures. * Actions for failure to act on the part of EU institutions, bodies, offices, or agencies. * Actions brought by Member States against the Commission. * Actions seeking compensation for damage caused by EU institutions, bodies, agencies, or their staff. * Disputes between EU institutions and their staff concerning employment relations and social security. > **Tip:** The division of competences ensures that the Court of Justice primarily deals with cases brought by Member States or the Commission (like infringement procedures) and handles appeals on points of law from the General Court, while the General Court focuses on cases brought by individuals and other specific categories of disputes. --- # Competences of the CJEU and the General Court This section outlines the judicial competences of the Court of Justice of the European Union (CJEU) and the General Court, detailing their respective roles in interpreting, enforcing, and reviewing EU law, as well as resolving disputes involving EU institutions and Member States. ## 3. Competences of the CJEU and the General Court The Court of Justice of the European Union (CJEU) is the supreme judicial institution of the EU, established in 1952. It is divided into two principal bodies: the General Court, acting as the court of first instance, and the Court of Justice. The CJEU's core tasks include ensuring the uniform interpretation and application of EU law across all Member States, enforcing EU law by ensuring compliance by countries, public authorities, citizens, and EU institutions, and settling legal disputes involving national governments and EU institutions. ### 3.1 Jurisdiction and Procedural Initiation Legal proceedings before the CJEU are most frequently initiated by national governments or EU institutions. However, under specific circumstances, private individuals, citizens, companies, or organizations can also bring actions against EU institutions if they believe their rights have been infringed. ### 3.2 Types of Judicial Actions The CJEU possesses judicial competences encompassing several distinct types of actions: * **Interpretation of EU Law:** This is primarily handled through the preliminary ruling procedure. * **Enforcement of EU Law:** This includes infringement procedures, also known as actions for failure to fulfil obligations. * **Annulment of Legal Acts:** This is addressed through actions for annulment. * **Ensuring EU Institutions Take Action:** This involves actions for failure to act. * **Sanctioning EU Institutions:** This is achieved through actions for damages. #### 3.2.1 Interpreting the law: Preliminary Ruling Procedure National courts are obligated to ensure the proper application of EU law. When a national court encounters doubt regarding the interpretation or validity of EU law, or whether a national law or practice conforms with EU law, it may (and sometimes must) refer the matter to the Court of Justice for clarification. This mechanism ensures the effective and uniform application of EU legislation and prevents divergent interpretations. **Binding Force of Preliminary Rulings:** The preliminary ruling provided by the Court of Justice is binding on the national court that made the reference, and it also binds other national courts facing the same issue. This procedure allows any European citizen to seek clarification on EU rules affecting them. **Parties Involved:** In principle, preliminary ruling procedures are initiated by national courts. However, all parties to the proceedings before that national court, as well as Member States and EU institutions, can participate in the proceedings before the Court of Justice. Numerous significant EU law principles have been established through preliminary rulings, often in response to questions from national courts of first instance. > **Tip:** The preliminary ruling procedure is a crucial tool for ensuring the consistent application of EU law and empowering citizens to understand their rights under EU law. #### 3.2.2 Enforcing the law: Infringement Procedure The infringement procedure, formally known as "actions for failure to fulfil its obligations under EU law," is a type of case brought against a national government for failing to comply with EU law. This procedure can be initiated by either the European Commission or another EU Member State. **Steps in the Infringement Procedure:** 1. **Letter of Formal Notice:** The Commission sends a letter to the Member State requesting information about a suspected breach of EU law. 2. **Reasoned Opinion:** If the Member State's response is unsatisfactory, the Commission issues a formal request for compliance, detailing why a breach is believed to have occurred. 3. **Referral to the CJEU:** If the Member State still fails to comply, the Commission can refer the case to the CJEU. 4. **Court Ruling:** The CJEU determines whether the state has failed to fulfil its obligations. 5. **Financial Penalties:** If the Member State continues to disregard the Court's judgment, the Commission can initiate a second action to seek financial sanctions. > **Example:** The CJEU ruled in June 2023 that Hungary had violated EU asylum rules. The Commission subsequently sent Hungary a letter of formal notice for failing to comply with this judgment, which could lead to financial penalties. #### 3.2.3 Annulling legal acts: Actions for Annulment An action for annulment is introduced when a European legal act is believed to violate EU treaties or fundamental rights. The CJEU can be asked to annul such an act. **Applicants:** * **Privileged Applicants:** EU countries, the European Parliament, the Council, and the European Commission can bring an action for annulment in the interest of legality without needing to prove a specific interest. * **Semi-Privileged Applicants:** The European Central Bank, the European Court of Auditors, and the European Committee of the Regions can initiate an action for annulment solely to protect their own prerogatives. * **Non-Privileged Applicants:** Individuals, legal persons, and regional or local governments can bring an action for annulment only if they can prove that the contested act is addressed to them or, if not addressed to them, that it directly and individually concerns them. **Grounds for Annulment:** These include lack of competence, infringement of an essential procedural requirement, infringement of EU treaties or the Charter of Fundamental Rights, infringement of any rule of law relating to the application of the treaties, and misuse of powers. **Effects of Annulment:** When the CJEU rules an act void, the annulment generally takes effect retrospectively from the act's adoption (`ex tunc`), although it can also take effect from the date of the CJEU's judgment (`ex nunc`). The CJEU may also rule to maintain the effects of the annulled act. > **Example:** Poland and Hungary initiated annulment proceedings against a Regulation that allowed for the potential termination or reduction of EU budget funds for Member States in breach of the rule of law. #### 3.2.4 Ensuring the EU takes action: Actions for Failure to Act This action (Article 265 TFEU) is brought when the Parliament, Council, or Commission fails to make a required decision or take necessary action. If such an institution does not act as mandated, EU governments, other EU institutions, or, under certain conditions, individuals or companies can complain to the Court. However, actions for failure to act have historically played a limited role due to the rarity of clear, specific obligations to act imposed on institutions by the Treaties. #### 3.2.5 Sanctioning the EU: Actions for Damages Any person or company that has suffered harm due to the action or inaction of the EU or its staff can bring an action for damages before the General Court. This is a direct action seeking compensation for damage caused by EU institutions, bodies, agencies, or their servants in the performance of their duties. The jurisdiction of the CJEU in these cases is exclusive, meaning the EU cannot be sued before national or international courts. **Elements to Prove in an Action for Damages:** The claimant must prove three elements: 1. **Illegal Conduct:** The institution or its servants engaged in an unlawful act, omission, or abstention contrary to EU law. 2. **Real and Certain Damage:** The claimant suffered actual and ascertainable damage. 3. **Causal Link:** A direct causal relationship exists between the conduct and the damage claimed. > **Tip:** While primarily aimed at compensation, an action for damages can also serve to establish the EU's liability. ### 3.3 Competences of the General Court The General Court serves as the court of first instance and has specific jurisdictions: * Hear and determine actions for annulment brought by natural or legal persons against acts of EU institutions, bodies, offices, or agencies that are addressed to them or directly and individually concern them. This includes cases where a company challenges a Commission decision imposing a fine. * Hear and determine actions for failure to act on the part of these institutions, bodies, offices, or agencies. * Hear actions brought by Member States against the Commission. * Hear actions seeking compensation for damage caused by EU institutions, bodies, agencies, or their staff. * Resolve disputes between EU institutions and their staff concerning employment relations and social security. ### 3.4 Division of Powers between the Court of Justice and the General Court The General Court has jurisdiction to hear and determine actions brought by individuals at first instance. The Court of Justice, conversely, hears actions brought by Member States or the Commission (e.g., infringement procedures). It also hears appeals against judgments of the General Court, but in such cases, the Court of Justice rules only on questions of law and does not re-examine the facts. **Individual Access to the CJEU:** Private individuals or companies can initiate legal actions before the CJEU in three main instances: * Action for annulment (against EU legal acts). * Actions for failure to act (to ensure EU institutions take action). * Actions for damages (to sanction EU institutions). However, initiatives by private individuals for annulment, failure to act, or damages are generally brought directly before the **General Court**. --- # The rule of law within the European Union The rule of law is a foundational principle of the European Union, ensuring that all public actions are constrained by law and upheld by independent courts, thereby safeguarding democracy and fundamental rights. ### 4.1 Meaning and core principles of the rule of law The rule of law is one of the key elements upon which the European Union is built. It signifies that all public powers are exercised within the constraints set by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts. While Member States may have diverse national identities and traditions, the core meaning of the rule of law remains consistent across all of them, defined by six fundamental principles: #### 4.1.1 Legality This principle implies that the process of enacting and adopting laws must be transparent, accountable, democratic, and pluralistic. #### 4.1.2 Legal certainty Citizens must be able to rely on the content and enforceability of legislation. This also encompasses the prohibition of the arbitrary exercise of executive power. #### 4.1.3 Effective judicial protection This requires independent and impartial courts to provide effective judicial review, which includes respect for fundamental rights. #### 4.1.4 Separation of powers This principle refers to the distinct branches of government and their respective authorities. #### 4.1.5 Equality before the law This ensures that public authorities and private individuals can be held accountable before the judicial power. These principles have been recognized by the European Court of Human Rights (ECHR). > **Tip:** While the document mentions specific articles in the TFEU related to judicial powers, focus your understanding on the *principles* of legality, legal certainty, and judicial protection as defining the rule of law itself. ### 4.2 Importance of the rule of law in the EU The rule of law is explicitly described as the cornerstone of the European Union, as stated in Article 2 TEU. Its importance is manifold: * **Uniform application of EU law:** It guarantees that EU law is applied in the same way across all Member States, fostering a predictable environment for individuals and businesses. Without the rule of law, the functioning of the single market and the free movement of people would be undermined. * **Upholding democracy and fundamental rights:** The rule of law ensures that democratic values and fundamental rights are respected. * **Access to justice:** It guarantees that citizens and businesses have access to justice before an independent and impartial court if their rights are violated. * **Implementation of EU laws and policies:** The rule of law is essential for the effective implementation of EU legislation and policies. * **Foundation for a Union of equality and fairness:** It is central to fostering a Union characterized by equality, opportunity, and social fairness. > **Tip:** The rule of law is also a critical criterion for countries aspiring to join the EU, underscoring its fundamental significance for EU membership. ### 4.3 Challenges to the rule of law in Member States The document provides an example concerning Hungary, highlighting potential breaches of EU law that touch upon the rule of law. This includes alleged violations of judicial independence, academic freedom, and LGBTQ-rights. The European Commission has initiated infringement procedures against Hungary in response to these concerns, demonstrating the EU's commitment to upholding the rule of law within its Member States. > **Example:** In a case concerning Hungary, the Court of Justice of the European Union (CJEU) ruled that Hungary had violated EU asylum rules. Following this ruling, the Commission sent a letter of formal notice to Hungary for failing to comply with the judgment, indicating the potential for financial penalties. This case illustrates how the CJEU enforces EU law and how Member States are held accountable for their adherence to it, which is intrinsically linked to the rule of law. --- ## Common mistakes to avoid - Review all topics thoroughly before exams - Pay attention to formulas and key definitions - Practice with examples provided in each section - Don't memorize without understanding the underlying concepts

| Term | Definition | |------|------------| | Court of Justice of the European Union (CJEU) | The supreme judicial institution of the European Union, established in 1952 and divided into two main bodies: the Court of Justice and the General Court. Its primary tasks include ensuring that EU law is interpreted and applied uniformly across all member states and enforcing EU law. | | General Court | The first-instance court within the CJEU, responsible for hearing and determining actions brought by individuals and legal persons, as well as certain actions brought by Member States against the Commission. It also hears actions for damages. | | Advocate General | A legal official attached to the Court of Justice of the European Union whose role is to assist the Court by delivering a reasoned opinion, in open court, on cases referred to the Court, ensuring thorough legal analysis and consistency. | | Preliminary Ruling Procedure | A mechanism whereby national courts can, or sometimes must, refer questions on the interpretation or validity of EU law to the Court of Justice. The Court's reply is binding on the referring court and influences other national courts, ensuring uniform application of EU law. | | Infringement Procedure | A legal action initiated by the European Commission or another EU country against a Member State for failing to comply with its obligations under EU law. The process typically involves a letter of formal notice, a reasoned opinion, referral to the CJEU, and potentially financial penalties. | | Action for Annulment | A legal procedure brought before the CJEU or the General Court to challenge the legality of an EU legal act. If successful, the Court can annul the act, generally with retroactive effect (ex tunc), though exceptions may apply. | | Action for Failure to Act | A legal action brought before the CJEU or the General Court when an EU institution, body, office, or agency fails to take a specific action that it is legally obliged to take. Such actions are rare due to the difficulty in proving a precise obligation to act. | | Action for Damages | A legal procedure brought before the General Court by individuals, companies, or Member States seeking compensation for damage caused by the EU institutions or their staff through their administrative or legislative activity, whether through action or omission. | | Rule of Law | A fundamental principle of the European Union, meaning that all public powers are exercised within legal constraints, in accordance with democratic values and fundamental rights, and under the control of independent and impartial courts. It is essential for the uniform application of EU law and the protection of rights. | | Legality (principle of) | A component of the rule of law, implying that laws are enacted and adopted through a transparent, accountable, democratic, and pluralistic process. | | Legal Certainty (principle of) | A component of the rule of law, requiring that citizens must be able to rely upon the content and enforceability of legislation, ensuring predictability and clarity in the legal framework. | | Judicial Protection | A principle of the rule of law ensuring effective access to justice through independent and impartial courts, which provide judicial review and uphold fundamental rights. | | Separation of Powers | A principle inherent in the rule of law, referring to the division of governmental responsibilities among distinct branches (typically legislative, executive, and judicial) to prevent concentration of power and ensure checks and balances. | | Equality Before the Law | A principle of the rule of law stating that public authorities and private individuals are equally accountable before the judicial power, meaning laws apply equally to all. | | Ex Tunc | A legal term referring to the retroactive effect of a judicial decision, meaning it applies from the date of the original act or event, as if it had never been valid. | | Ex Nunc | A legal term referring to the prospective effect of a judicial decision, meaning it applies from the date of the judgment onwards, without affecting past events. |