| 单词 | European Court of Justice |
| 释义 | European Court of Justice The Court sits at Luxembourg. It consists of 28 judges appointed by the member states by mutual agreement and assisted by 8 Advocates-General. Proceedings before the Court involve written and oral submissions by the parties concerned. Proceedings against the Commission or the Council may be brought by the other of these two bodies, by any member state, or by individual persons; proceedings to challenge the validity of legislative or other action by either Commission or Council are known as proceedings for annulment. Proceedings against a member state may be brought by the Commission, the Council, or any other member state. Appeals from the General Court go to the ECJ. The decisions of the Court are binding and there is no appeal against them. The Court also has power, at the request of a court of any member state, to give a preliminary ruling on any point of Community law on which that court requires clarification. The ECJ’s general jurisdiction over the UK ended with the expiry of the post-Brexit implementation period on 31 December 2020. However, under the UK–EU Withdrawal Agreement the Court’s jurisdiction continues in four special areas. Firstly, it has continuing jurisdiction over any concepts of EU law that arise over the interpretation and application of the Withdrawal Agreement. In the case of Part 2 of the Agreement, on citizens’ rights, this jurisdiction will remain for as long as those EU citizens and UK nationals covered by Part 2 remain alive. In the case of the Northern Ireland Protocol, the jurisdiction could be indefinite. Secondly, Article 86(1) of the Withdrawal Agreement makes it clear that any cases pending before the ECJ at the end of the implementation period will fall within the Court’s jurisdiction until they are finalized. This includes decisions on appeals. Article 87 of the Withdrawal Agreement is more specific. It states that the European Commission has four years from the end of the implementation period to bring infringement proceedings against the UK for breaches of EU law that took place during the implementation period. Thirdly, to ensure that Part 2 of the Withdrawal Agreement is interpreted in the same way in the UK and in the EU, UK courts retain the power to send preliminary references to the ECJ about the meaning of any aspect of Part 2 for a period of eight years after the end of the implementation period. Questions about EU citizens’ rights in the UK can thus continue to be submitted to the ECJ until at least the end of 2028. The fourth exception relates to Articles 136 and 138 of the Withdrawal Agreement, which cover aspects of the financial settlement. The UK, under the Withdrawal Agreement, will continue to make payments to the EU after 31 December 2020. The infringement proceedings set out in Article 258 of the Treaty on the Functioning of the European Union and preliminary references under Article 267 of the Treaty will continue to apply to the UK. This will enable UK courts to ask the ECJ questions about aspects of the financial settlement (as set out in Articles 136 and 138 of the Withdrawal Agreement). It will also allow the European Commission to enforce the financial settlement before the ECJ. |
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