Common European Asylum System in a Changing World

5. THE ROLE OF THE COURTS

5.1 CJEU, ECHR and national courts

The Court of Justice of the European Union The Court of Justice of the European Union (CJEU) is responsible for ensuring that union law is interpreted and applied uniformly in all Member States. Based on Article 19 (TEU), the court ensures that the interpretation and application of the Treaties are observed through rulings on cases brought before it. The most common types of cases are: • Preliminary rulings : If a national court wants to clarify the interpretation or validity of an EU law, it can ask the Court through this specific procedure. • Infringement proceedings : This proceeding can be launched on the Commission’s or on a Member State’s initiative against a national government when it has failed to comply with EU law. • Actions for annulment – Member States, the Council, the Commission, and in some cases the European Parliament can launch this action before the Court when there is a suspicion of a violation of EU treaties or fundamental rights. In case of infringement, the Court has the power to annul the act. Under certain conditions, individuals may refer an action to the CJEU if they are concerned directly and individually by the contested act. Overall, the conditions for individuals to directly challenge an EU act before the CJEU are very rarely met, no examples exist in asylum-related cases today. The reference for a preliminary ruling is a key mechanism aimed at enabling the courts of the Member States to ensure uniform interpretation and application of the EU law. Under Article 267 procedure, the CJEU does not actually decide the substance of the case, does not decide in rem. The case is returned back to the national court for a decision based on the interpretation provided by the CJEU. Decisions of the CJEU are binding on EU Member States. Article 19 of the TEU The CJEU “shall ensure that in the interpretation and application of the Treaties the law is observed. ” Article 19 (3) of the TEU The CJEU “give[s] preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions”

As said above, the CJEU not only focuses on the object and purpose of the relevant provisions of the primary law and secondary legislation but also those of the EU regime

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