Judicial Review and the European Court of Justice
Although the EU legal system is regarded by many common lawyers as a derivative of the civil law system, it is moulded by the voluminous case law of the Court of Justice. As Hjalte Rasmussen put it, EU law “is as much a case law system as that of, say, the United States of America; or perhaps even as that of England.” See Hjalte Rasmussen, European Community Case Law: Summaries of Leading EC Court Cases (Copenhagen: Handelshøjskolens Forlag, 1993), 8. Indeed, any meaningful consideration of EU law necessitates a study of the case law of the Court. This chapter sets out the function of the Court of Justice in the continuing development of the EU legal system. In particular, this chapter explains how legal proceedings may be initiated in the ECJ and by whom. It also explains the Court’s methods of interpretation of EU laws.
KeywordsLegal Effect National Court Judicial Review Legal Person Preliminary Ruling
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