THE PROCEDURE BEFORE EUROPEAN COURT OF JUSTICE
THE PROCEDURE BEFORE EUROPEAN COURT OF JUSTICE

Summary/Abstract: The paper aims at highlighting the main features of the procedure before European Court of Justice. The Amsterdam Treaty explicitly conferred jurisdiction on the European Court of Justice to check that Community instruments respect fundamental tights and its functions are constitutional, civil, administrative and arbitration. The role of the Court and its exclusive powers are to ensure that in the interpretation and application of the Treaty, the law is observed and to decide on the validity of instruments enacted by all other institutions. The rules of the European Court of Justice are set out in the TEC Art. 220-245, as well as in the Statutes (attached to the Treaty as a Protocol) and in the Rules of Procedure. As the actions before the court may be divided into two categories: judgments and opinions, judgments are handled in preliminary rulings and in direct actions. We present an overview of the following stages in the ECJ procedure: admissibility of a case, written and oral procedures, and preliminary report of the Judge Rapporteur.

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