European Union Court of Justice and the National Courts Essay

European Union Court of Justice and the National Courts - Essay Example The Court of Justice of the European Union (CJEU) aims to equally implementation the EU law in all the countries which come under the European Union. Additionally, it is responsible to resolve the legal disagreements primarily between the EU institutions and the government. Organizations operating in the EU region along with the individuals can also make an appeal to the CJEU if they find that their rights are violated by the legal institutions. In order to comprehend the critical nature of hierarchical relationship between CJEU and the national courts of the member states it is important to first analyze the functionality of European Union Court of Justice . CJEU appoints one judge in every EU country who is assisted by different advocate-generals. These advocates are responsible to give their opinions and remarks on the cases and appeals which are made to the court. However, all their activities must be presented in public without any biasness. The group of judge and advocate-gener als is selected for a period of six years . This time period can be extended as per the legal and political circumstances. The selections are usually made by the ruling governments in the EU countries. In order to smooth the activities of the court and to easily resolve huge number of cases, a General Court is made to deal with all the cases of European citizens and organizations. These cases are typically related to the competition law. The dispute between the European Union and its personnel is resolved by the EU Civil Service Tribunal . 3. In broader terms, the CJEU is responsible to deal with the following types of cases4: Appeals related to Preliminary Ruling In this case the national courts requests the European Union Court of Justice to interpret and illustrate an article or any other point related to the EU law. European Union has established national courts in EU countries which are fundamentally in charge of ensuring that the EU Law is implemented in all states. However, a risk of misinterpretation always remains there in such cases. For instance, there are significant chances that the national courts might interpret the EU law in an entirely different way. In order to avoid such situations the EU Law has introduced a preliminary ruling procedure. According to this procedure, the representatives of the national court are now required to ask for the advice of CJEU if in case they are doubtful about certain EU laws and their implementations. The requirement of asking for advice which is also known as ‘pre liminary ruling’ is sometimes mandatory to validate the actions. Deed or failure to accomplish an obligation