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Tribunalul de primă instanță
COURT OF FIRST INSTANCE

Author(s): Georgeta Modiga
Subject(s): EU-Legislation
Published by: Editura Hamangiu S.R.L.
Keywords: Court of First Instance of the European Communities; Community law;

Summary/Abstract: Creating the Court of First Instance was determined objectively by many causes or reasons. Thus, the establishment of the Court of Justice, the number of shares continuously increased and extended duration of the procedures, with negative effects on demands for speed solving states for the uniform interpretation of Community law and to clarify the actions and positions of the parties to justice. European judicial system equipment is required by a body to judge actions that require deep examination of complex factual situations , thus instituting a second court to improve protection of litigants and creating the conditions necessary for the Court to focus on essential work , namely to ensure a uniform interpretation of Community law.Initially, proposals for the establishment of the two Community courts had no chance of success because of the controversy over the main character in judicial or administrative principal thereof. Only in 1985, the Single European Act, art. 11, which introduced the art. 168 EC Treaty , it was decided to request the Court of Justice and after consulting the Commission and the European Parliament , the Council, acting unanimously , to the Court of Justice is a court of first instance, which is to transfer skills examine and decide in the first instance on certain categories of actions and proceedings brought by natural and legal persons subject to a right of appeal to the Court of justice on points of law only and in accordance with the conditions set out in the statute . Council was entitled to determine the composition of that court and determine necessary adjustments and additional provisions to the Statute of the Court of Justice. Consequently, by Decision no. 88/591 of 24 October 1988 Council was established Court of First Instance of the European Communities, with the competent and determined. In a first stage, the Court was instructed to judge especially contentious in the field of competition law.

  • Issue Year: II/2014
  • Issue No: II
  • Page Range: 191-198
  • Page Count: 8
  • Language: Romanian
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