The European Court of Justice as an Actor of European Integration

Topics: European Union, Law, European Economic Community Pages: 21 (7611 words) Published: May 5, 2011
The European Court of Justice as an actor of European Integration

Context

The European Court of Justice is the institution of the European Union which encompasses the whole judiciary. It is seated in Luxembourg and is was established in 1952 as the Court of Justice of the European Coal and Steel Communities for the interpretation of the Treaty of Rome. Indeed, its main function is to ensure that the law is observed in the interpretation and application of the Treaties. Since its establishment, the Court has extended its power and its importance thereby promoting the integration process of the European Community from every side. The Court’s case law proves its extensive interpretation of the Treaty of Rome, thus creating two of the most important legal principles of the Community: the principle of direct effect and the principle of supremacy. Without this two instruments the integration of the Community would not be as developed as it is today. My intention in this essay is to analyze the progressive steps of the influential work of the Court and the consequences of it as part of the current process of integration among member states. This paper will try to describe the Court’s structure as well as its role and aim as an actor within the Community; it will also delineate the concepts of integration and integration through law in an European Context. Finally, the most important decisions of the Court will be examined as what they have done for the integration project of the European Community. In writing this essay I used mostly the material that I found available in the library of the University of Lapland and which I searched myself. Since I am an exchange student, I read the books in english language, which I mentioned in the reference at the end of this paper. I found in this material a lot of informations I needed to deepen this topic of which I have already learned during the the course of European Law kept by professor Kiikeri Markku. I also searched for material in Internet and thus I found usefull the papers of Vauchez and of Josselin and Marciano which gave me even more knowledge.

Contents

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Introduction ....................................................................................................... 01 The European Court of Justice ........................................................................ 02 2.1 The Court as a structure .......................................................................... 03 2.2 The Court as an actor .............................................................................. 04 Integration .......................................................................................................... 3.1 Integration and the EU ............................................................................ 3.2 Integration through law ........................................................................... 3.3 Integration through law in the work of the Court ................................... 05 05 06 06

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Interpretation of law ......................................................................................... 07 4.1 Interpreting the Treaty ............................................................................ 07 4.2 The case law of the Court ........................................................................ 08 Essential decisions of the Court ....................................................................... 09 5.1 Direct Effect ............................................................................................ 09 5.2 Supremacy ............................................................................................... 10 The changing role of the Court ........................................................................ 11 Conclusion .......................................................................................................... 12 References...
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