Specialized courts of the European Union

• Author: Ioana Nely Militaru - Adriana Motatu
• Position: Law Department, Bucharest University of Economic Studies, Romania - Law Department, Bucharest University of Economic Studies, Romania
• Pages: 161-164

SPECIALIZED COURTS OF THE EUROPEAN UNION

Associate professor Ioana Nely MILITARU

1, PhD.

Lecturer Adriana MOATU2, PhD.

Abstract

Treaty of Lisbon entered into force on 1 December 2009, improved functioning judicial system European

Union ( EU). Court of Justice of the EU ha s been reformed, said Trea ty changing the EU cour ts so very name : Cour t of

Justice of the EU, the Cour t referred to above, the Court of First Insta nce, and speci alized courts, known previously,

judicial panels. The pa per shows the first part of his creation, composition and competence of the specialized courts,

and as a manifestation of them in the second par t examines the Civil Service Tribuna l, the same point of view. EU

specialized courts may be set up in specific area s, specializing in some technical disputes. These specialized courts have

jurisdiction to h ear and decid e the cases in the first instance with the possibility that their decision subject to appea l to

the Genera l Court . In this context, to resolve disputes between the Union and its officials was esta blished Tribunal.

Keywords: specialized courts, the Eur opean Union, Lisbon Trea ty, the Civil Service Tribuna l

JEL Classification: K33, K40

I. Introduction

European judicial system consists of the Court of Justice, General Court, formerly called the

Lisbon Treaty, the Court of First Instance and specialized courts, formerly called the said Treaty,

judicial panels3. Court of Justice of the European Union, which is based in Luxembourg, is unique

since 1957 for the three European Communities under the Convention on Certain Institutions

Common4 to the creation of the Court of First Instance, by decision of 24 October 19885. Court of

Justice of the EU aggregates a whole jurisdiction, under which states, in principle, the first and last

instance, with certain exceptions prescribed by the subsequent creation of the Court of First

Instance6. Diversification Community jurisdiction in the presence of Union resulted, for example,

by redistributing the previous powers held by the Court for the benefit of other EU jurisdictions,

provided, of course, to be protected supreme control of the Court7. So it was impossible to imagine,

for some materials, ex civil action community, the application of competition rules to establish

special courts that are subordinate to Court on appeal or cassation8 way. Commission presented on

31 July 1978 a proposal to the Council - on the creation of a Court - a project that was abandoned.

In the context of these worries for proposals leading to further diversification of Community

jurisdiction of the Union, and the increasing number of cases, by enlargement , the question of

reform of the Court. This has translated into the establishment of the General Court (formerly called

the Lisbon Treaty, the Court of First Instance) and specialized courts (formerly Treaty, the judicial

panel). Thus, the Council acting unanimously on request the Court of Justice and after consulting

the European Parliament, the decision made in October 1988 by the Court of First Instance Court

tasked to examine at first instance certain categories of disputes subject to appeal before the ECJ

limited points of law, under conditions laid down by statute.

Number of cases that dealt with the disputes between the Community and its servants led to

the possibility of setting up by the Treaty of Nice on 26 February 2001, of independent specialized

judicial panel, called the Lisbon Treaty specialized courts.

1 Ioana Nely Militaru - Law Department, Bucharest University of Economic Studies, Romania, ioananelimilitaru@yahoo.com

2 Adriana Moatu - Law Department, Bucharest University of Economic Studies, Romania, adrianamotatu@yahoo.com

3 See John Nely Militaru, EU Law, Second Edition, Publishing Legal Universe, Bucharest, 2011, p. 261 et seq.

4 It was signed in Rome in 1957.

5 JOCE no. L.319 / 1 of 25 November 1988.

6 See Dragos Marian Radu lescu, European Union, Pro University Publishing House, 2012, p. 59; Popescu Cruceru Anca, Seuciuc

Eurgenia Gabriela, Viorel Bnulescu, The r ole of Economical Concentr ations in the Contemporar y Competitive Ecquation

International Journal of Advances in Management and Economics, India, September-October, 2012, Vol. I, no. 5, p. 95-98.

7 See Mark Guy Isaac et Blanquet, Droit communautaire generally 8 ed., Dalloz, Paris, 2001, p. 256.

8 JOCE no. 225/6 of 22.09.1978.