The Court of Justice of the European Communities: Historic landmarks, buildings and symbols

Transcription

1 The Court of Justice of the European Communities: Historic landmarks, buildings and symbols

2 I greet you not only as the Court of the European Coal and Steel Community but also as the precursor of a Supreme European Federal Court. From the address delivered by Jean Monnet at the inaugural session of the ECSC Court, Luxembourg, 10 December 1952 In his declaration of 9 May 1950, Robert Schuman proposed the creation of the following institutional structure and judicial system: a common High Authority (the forerunner of the Commission) and means of appeal against the decisions of that High Authority. That system lay the foundations for a Community judicial authority. The first judgment

3 Massimo PILOTTI The first Judges and Advocates General THE COURT OF THE EUROPEAN COAL AND STEEL COMMUNITY: THE FIRST COURT OF JUSTICE When signing, on 18 April 1951, thetreaty of Paris establishing the European Coal and Steel Community (ECSC), which entered into force on 23 July 1952 and expired on 23 July 2002, the six founding Member States (Belgium, Germany, France, Italy, Luxembourg and the Netherlands) decided to set up a judicial body responsible for ensuring that Community law was observed and that all the Member States applied it in a uniform manner, and for resolving disputes arising as a result of its application: the Court of Justice of the ECSC. In accordance with the Treaty of Paris, which did not provide for a number of Judges equal to the number of Member States, that Court was composed of seven Judges and two Advocates General, who were sworn in on 4 December The Court was formally inaugurated in Luxembourg on 10 December 1952 at its first formal sitting, presided over by Massimo PILOTTI, its first President from 1952 to After drawing up its Rules of Procedure in March 1953 and appointing a Registrar, the Court delivered its first judgments, in Case 1/54 France v High Authority and Case 2/54 Italy v High Authority,on 21 December As the Community s powers expanded, so its judicial body was required to develop.

4 THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES: ONE COURT FOR THREE COMMUNITIES Under the Treaties of Rome establishing the European Economic Community (EEC) and the European Atomic Energy Community (EAEC), which were signed on 25 March 1957 and entered into force on 1 January 1958, a new judicial body was created, the Court of Justice of the European Communities (ECJ), which was common to all three Communities. The Convention on certain institutions common to the European Communities, which was signed on the same day, established that the ECJ was to replace the Court of the ECSC. The ECJ, like the Parliamentary Assembly, thus became one institution covering each of the European Communities. As the number of cases increased, reflecting developments in European integration and successive accessions, the need to relieve the Court of some its case-load and to establish a second tier of jurisdiction became apparent. THE ESTABLISHMENT OF A SECOND TIER OF JURISDICTION: THE CREATION OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES The Single European Act amending the Treaty of Paris and the Treaties of Rome, which was signed on 28 February 1986 and entered into force on 1 July 1987, empowered the Court to make a request to the Council for the addition of a court of first instance. At the request of the Court and by decision of the Council of 24 October 1988, the Court of First Instance of the European Communities was created. The Court of First Instance was an addition to the Community judicial institution, the ECJ being composed as of that date of two independent courts: the Court of Justice and the Court of First Instance.

5 Some of the cases relating to economic matters which had been dealt with up to that point by the Court of Justice were thus allocated to the Court of First Instance. Jurisdiction was also subsequently transferred from the Court of Justice to the Court of First Instance following the entry into force of the Treaty on European Union (the Maastricht Treaty), signed on 7 February 1992, the Treaty of Amsterdam, signed on 2 October 1997, and the Treaty of Nice, signed on 26 February The Court of Justice and the Court of First Instance today have clearly defined spheres of jurisdiction. The Court of Justice, in the same way as a supreme court or a constitutional court, examines the legality of Community acts and ensures that Community law is interpreted and applied in a uniform manner. Particularly in the context of references for preliminary rulings, it works in collaboration with all of the national courts, which act as the ordinary courts of Community law. The Court of First Instance has jurisdiction to hear at first instance all direct actions brought by individuals or Member States, except for those specifically reserved to the Court of Justice. Actions brought before the Court of First Instance are primarily cases concerned with Community competition law, State aid and Community trade marks. In the meantime, as a result of the Court of First Instance s increasing caseload and in accordance with the Treaty of Nice which made it possible for the Court to request that judicial panels be created, a proposal to transfer cases concerning the European Civil Service to a specialist tribunal resulted in the creation of a new judicial body. THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL: THE THIRD COMPONENT OF THE ECJ Pursuant to the Treaty of Nice, which came into force on 1 February 2003, and by decision of 2 November 2004, the Council attached the European Union Civil Service Tribunal to the Court of First Instance. The creation of this specialist tribunal has relieved the Court of First Instance of cases between the institutions and their employees.

6 Institutions live longer than people and, if well designed, can therefore accumulate and transfer wisdom from generation to generation. From a speech by Jean Monnet to the ECSC Assembly, Strasbourg, 11 September The Villa Vauban THE SEAT OF THE COURT: FROM PRECARIOUS BEGINNINGS TO THE CONSTRUCTION OF THE MAIN BUILDING AND ITS EXTENSIONS While there had been some discussion as to whether the ECSC institutions and, therefore, the Court were to have their seat in Liège or Brussels, the city of Luxembourg was finally chosen on a provisional basis in Although this was initially a provisional arrangement, a definitive decision to locate the seat of the Court in Luxembourg was made at the Edinburgh Council of 12 December 1992, and this was confirmed in the Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol annexed to the Treaty of Amsterdam. The difficulties entailed in setting up the Court were to do not only with deciding where its seat was to be located but also with finding suitable premises to accommodate its staff. The problem was that the city of Luxembourg did not have premises large enough to enable each ECSC institution to have its departments located together on the same site. In 1952 the Luxembourg Government decided to make three buildings available to the Court: the Villa Vauban, to acccomodate the chambers of the Judges and Advocates General; the Hamilius Building, to house the language service (the first in the history of the European Communities) and, lastly, the Maison Hellinkx, for the administration and the library.

7 H The Côte d Eich However, the fact that the Court s various departments were located in buildings far from each other did not assist it in the performance of its tasks. Moreover, from 1958 onwards, as the ECJ s sphere of jurisdiction grew, so did the number of its staff. In August 1959 the Luxembourg Government agreed to make available to the Court a building, belonging to the Bishopric of Luxembourg and located on the Côte d Eich, which was large enough to accommodate all its departments. Once again, that proved to be a temporary arrangement as the first enlargement in 1973 was to lead to a considerable increase in the number of staff at the Court. As such an increase in staff numbers was faced by each of the Community institutions, it was decided in the 1960s to develop the Plateau de Kirchberg in the City of Luxembourg so that they could all be accommodated in the same location. It was on that plateau that the definitive premises of the Court were to be constructed May 1950 Declaration of Robert SCHUMAN 18 April 1951 Signature of the Treaty of Paris establishing the European Coal and Steel Community (ECSC) 23 July 1952 Entry into force of the Treaty of Paris and appointment of Massimo PILOTTI, first President of the Court of the ECSC 10 December 1952 Inauguration of the Court of the ECSC, housed in the Villa Vauban in Luxembourg 21 December 1954 First judgments delivered by the Court of the ECSC: France v High Authority (1/54) and Italy v High Authority (2/54) 25 March 1957 Signature of the Treaties of Rome establishing the European Economic Community (EEC) and the European Atomic Energy Community (EAEC) and the Convention on certain institutions common to the European Communities. Creation of the Court of Justice of the European Communities (ECJ), a single court for the three Communities, replacing the Court of the ECSC. August 1959 The Court moves to new premises on the Côte d Eich Treaties Important dates in the history of the Court of Justice Buildings

8 The main court building ( the Palais ) The C building The main court building ( the Palais ), designed by Belgian architects JAMAGNE and VANDER ELST and by the Luxembourg architect CONZEMIUS, was inaugurated on 9 January 1973, thus providing the Members of the Court and its staff with suitable premises in which to work. The need for accommodation resulting from successive accessions of European States to the Community led to the amenity spaces inside the buildings gradually being taken over for use as office space. Ultimately, it became inevitable that part of the landscaped area surrounding the main Court building should be used for the construction of 3extensions to the Palais, designed by the Luxembourg architects FRITSCH, HERR and HUYBERECHTS, and the Italian architect PACZOWSKI: the Erasmus Building (1988), the Thomas More Building (1993) and, lastly, the C Building (1994). In order to ensure that the Palais complied with regulations and to meet the needs of future accessions, it was decided to build a fourth extension, the architect Dominique PERRAULT being appointed to devise the project January 1973 Inauguration of the main court building on the Plateau du Kirchberg 28 February 1986 Signature of the Single European Act. Possibility of attaching a court of first instance to the Court. 5 October 1988 Inauguration of the Erasmus Building 24 October 1988 Decision of the Council establishing a Court of First Instance of the European Communities (CFI) 11 October 1989 Decision of the Court of Justice declaring that the CFI is constituted in accordance with the law. 7 February 1992 Signature in Maastricht of the Treaty on European Union. 12 December 1992 Decision of the European Council in Edinburgh on the location of the seats of the institutions and of certain bodies and departments of the European Communities. The ECJ is to have its seat in Luxembourg.

9 This project, which has been approved by the Court, provides for the construction of a new building complex, with the structure of the old Palais being retained. The complex as a whole will be laid out in the following manner: At the centre, the renovated old Palais, which will be open to the public and accommodate the courtrooms and meeting rooms; Around the Palais, a two-storey ring resting on steel columns, housing the chambers of the Members of the Court, and two tall office towers, each comprising 24 storeys, to be occupied by the Court s various departments, in particular the translation directorate. Perrault Project Pending completion of the renovation of the Palais and the construction of the new extension and in order to accommodate the Civil Service Tribunal, the Court has taken possession of a number of buildings which, whilst scattered over the Plateau de Kirchberg, are not too far from the Palais : the temporary T and T-bis Buildings (1999/2004), designed specifically for the translation directorate, the Geos Building (2004) which houses the administrative departments, such as Research and Documentation and Personnel, and the Allegro Building (2006) which accomodates the Civil Service Tribunal February 1993 Inauguration of the Thomas More Building. 15 September 1994 Inauguration of the C Building 2 October 1997 Signature of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, and Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol. 26 February 2001 Signature of the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts. Possibility of creating judicial panels. 23 July 2002 Expiry of the ECSC Treaty 29 October 2004 Signature in Rome of the Treaty establishing a Constitution for Europe 2 November 2004 Decision of the Council establishing the European Union Civil Service Tribunal (CST)

10 THE SEAL AND COURT DRESS: A HISTORY OF SYMBOLS AND INFLUENCES Judicial symbols, which are very much in evidence within the national courts of the Member States, also play a very important role within the Court, which, whilst having an international dimension, is primarily a Community court. The first Judges of the ECSC Court were therefore called upon to choose a seal and court dress. At the suggestion of President PILOTTI, who was attached to the Roman tradition, the symbols of the sword and scales and an oak-leaf garland were decided on for the seal. Moreover, the word Curia was emblazoned on the seal, a reference to Latin, which was formerly the most commonly used language in Europe. The word is also used as part of the institution s internet website address. For the dress of the Members of the Court, the European tradition of wearing a gown was followed. Its design drew its inspiration from a number of sources. Thus, burgundy, the colour of the gowns worn by the Members of the Bundesgerichtshof (German Federal Court of Justice) in Karlsruhe, was chosen. The cut of the gowns was designed to follow that of the gowns worn by the judges of the International Court of Justice in The Hague. Furthermore, for almost 20 years, the Members of the Court wore a cap. In 1973, that headgear was abandoned. A little later, the bands of the gown, which were originally embroidered, became more simple. There is nothing in court dress to distinguish one Member of the Court from another. However, the front of the Registrar s gown is edged with satin whereas the gowns worn by Judges and Advocates General are edged with velvet. Finally, when the Court of First Instance of the European Communities (1988) and the European Union Civil Service Tribunal (2004) were created, a different colour was chosen for the dress of their Members, who wear, respectively, a navy blue gown and a black gown.

11 THE IMPACT OF THE SUCCESSIVE ENLARGEMENTS ON THE COMPOSITION OF THE ECJ Court of Justice 1952: Court of the ECSC Belgium, Germany, France, Italy, Luxembourg, the Netherlands 1958: ECJ 1 January 1973: Denmark, Ireland, United Kingdom 1 January 1981: Greece 7 Judges, 2 Advocates General, 57 members of staff 7 Judges, 2 Advocates General, 73 members of staff 9 Judges, 4 Advocates General, 223 members of staff December 1980: 1 10 Judges and 4 Advocates General March 1981: 2 11 Judges, 5 Advocates General, 452 members of staff 1 Council Decision of 22 December 1980 on the adjustments to the Treaties made necessary by the increase in the number of Judges (OJ 1980 L 380, p. 6). 2 Council decisions of 30 March 1981 increasing the number of Judges and Advocates General at the Court of Justice (OJ 1981 L 100, pp. 20 and 21). 3 Under the Treaty of Nice, which entered into force on 1 February 2003, the Court of Justice is to comprise one judge per Member State and the Court of First Instance at least one judge per Member State. Court of First Instance 1 January 1986: Spain, Portugal 1 January 1995: Austria, Finland, Sweden 13 Judges, 6 Advocates General 571 members of staff 15 Judges, 9 Advocates General up to October 2000, followed by members of staff July 1989: 12 Judges 15 Judges Civil Service Tribunal 25 Judges, 8 Advocates General 25 Judges July 2005: 7 Judges 1 May 2004: 3 Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia 1 January 2007: Bulgaria, Romania 27 Judges, 8 Advocates General 1641 members of staff 27 Judges 7 Judges Approximately 2000 members of staff

12 Court of Justice of the European Communities: Case-law: Press releases: Website of the institutions of the European Union: Community legislation (EUR-Lex) : Court of Justice of the European Communities L-2925 Luxembourg Press and Information January 2007 edition QD EN-D