Table of Contents
What are the roles and responsibilities of judges?
Judges provide instructions to juries prior to their deliberations and in the case of bench trials, judges must decide the facts of the case and make a ruling. Additionally, judges are also responsible for sentencing convicted criminal defendants. Most cases are heard and settled by a jury.
What is the role of the CJEU?
The Court of Justice of the European Union (CJEU) interprets EU law to make sure it is applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions.
What is the difference between Cjeu and ECJ?
When people talk about the CJEU, they are usually referring to the European Court of Justice (ECJ). However, the CJEU is actually comprised of three courts: the European Court of Justice, the General Court and the European Civil Service Tribunal. They all serve different purposes.
What is the grand chamber CJEU?
The Grand Chamber is made up of the Court’s President and Vice-Presidents, the Section Presidents and the national judge, together with other judges selected by drawing of lots. When it hears a case on referral, it does not include any judges who previously sat in the Chamber which first examined the case.
How are CJEU judges appointed?
The judges and advocates-general are appointed by common accord of the governments of the member states after consultation of a panel responsible for giving an opinion on prospective candidates’ suitability to perform the duties concerned. They are chosen from among individuals whose independence is beyond doubt.
How many judges does CJEU have?
27 judges
The Court of Justice is made up of 27 judges, 1 from each member state, and 11 advocates general, all of whom are appointed to renewable six-year terms by consensus of the states. The court may sit as a full chamber, as a Grand Chamber of 15 judges, or as a smaller chamber of 3 or 5 judges.
Are CJEU judgments binding?
Decisions of the of the Court of Justice of the European Union (“CJEU”), which will also include decisions at the first instance level by the General Court of the CJEU, are recognised as an important part of EU law and are binding on UK courts and tribunals up until IP completion day.
How many judges are in a Grand Chamber?
17 judges
Judicial formation of the Grand Chamber The Grand Chamber comprises 17 judges, including the President of the Court, the Vice-Presidents, the Presidents of the Sections and the national judge; the remaining judges are designated by drawing lots.
What qualities are important in a judge?
A candidate should exhibit the following aspects of proper judicial temperament: Patience, open-mindedness, courtesy, tact, courage, punctuality, firmness, understanding, compassion, humility and common sense. Those qualities should be demonstrated consistently.
What skills should judges have?
Logic and reasoning skills: Judges must possess excellent logical reasoning, analytical, and decision-making skills to analyze a complex case and statutory law and render sound legal decisions. Legal knowledge: Thorough knowledge of criminal and civil procedures, jurisdictional rules, and the court system is critical.
Are CJEU decisions binding?
Pre-Brexit references binding on UK Courts where CJEU Judgment given after 31st December 2020. The Court of Appeal held that UK Courts are bound by decisions of the CJEU given after the end of the transitional period (31 December 2020) on preliminary references from UK Courts made before that date.
Is the CJEU an activist Court?
The Court of Justice of the European Union (CJEU or the Court) has often been depicted as a political actor and an activist court.
Is CJEU a supreme court?
The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states.
When did ECJ become CJEU?
2009
With the entry into force of the Treaty of Lisbon in 2009, the court system obtained its current name (Court of Justice of the European Union), while the original court itself (the former CJEC) was renamed “Court of Justice”.
What is Strasbourg case law?
Any UK court or tribunal faced with an issue involving a Convention right is required to ‘take into account’ any judgment or decision of the European Court of Human Rights.