The Court of Justice of the European Union is a central institution in the European Union, which plays an essential role in the interpretation, application, and enforcement of EU law.¹ Regarding Article 19(2) TEU, the CJEU consists of one judge from each EU member state, and each judge is assisted by an Advocate General.² Advocates General provide reasoned submissions on cases and hold an equal status with judges.³ This is equivalent to the fact that it is ensuring balanced representation from all EU member states and promotes diversity within the Court.

Additionally, the appointment of judges and Advocates General is an important aspect of the Court's functioning. Article 253 TFEU mandates that these individuals must demonstrate unquestionable independence and possess qualifications suitable for the highest judicial offices in their countries.⁴ This requirement guarantees the integrity of those entrusted with interpreting and applying EU law.

With regard to Article 267 TFEU, the CJEU provides preliminary rulings at the request of national courts or tribunals, ensuring consistent interpretation and application of EU law.⁵ It assesses whether a member state has failed to fulfill its obligations under the Treaty. The Commission (with regard to Article 258 TFEU)⁶ or member states (under Article 259 TFEU)⁷ can bring actions to hold states accountable.

In terms of penalty jurisdiction, the CJEU has unlimited jurisdiction concerning penalties in actions brought by the Commission under Articles 260(2)⁸ and 261 TFEU.⁹ Furthermore, it reviews the legality of actions or inactions by EU institutions, stimulated by member states, the European Parliament, the Council, or the Commission. With regard to Articles 268¹⁰ and 340 TFEU,¹¹ the CJEU can grant compensation for damages caused by EU institutions in actions brought by member states, natural, and legal persons.

The fundamental role of the CJEU in safeguarding the uniform interpretation and implementation of EU law is indispensable for the effective operation of the EU as a unified legal entity. It thereby demonstrates that it upholds the principle of legal certainty, which is essential for both citizens and businesses operating within the EU.

References

1. European Union, “Types of institutions and bodies” <https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en> accessed 14 October
2. Treaty on European Union (1992) Article 19(2)
3. Morano-Foadi, Sonia, and Jen Neller, Fairhurst's Law of the EU (Pearson International Content, 2020, 13th Edition) Available from: VitalSource, p.86
4. Treaty on European Union (1992) Article 253
5. Treaty on European Union (1992) Article 267
6. Treaty on European Union (1992) Article 258
7. Treaty on European Union (1992) Article 259
8. Treaty on European Union (1992) Article 260(2)
9. Treaty on European Union (1992) Article 261
10. Treaty on European Union (1992) Article 268(10)
11. Treaty on European Union (1992) Article 340