European community courts ECJ

The European Court is the supreme authority on Community law. Its function is to ensure that the law is observed in the interpretation and application of the European Community Treaty 1957 (art. 220, formerly art. 164). The EC Treaty and the Single European Act 1986, are concerned with matters such as freedom of competition between Member States and aspects of social law, including health and safety at work. 

The Treaty of European Union 1991 (the Maastricht Treaty) re-emphasised these Community aims and added further goals of economic and monetary uixion, and these are developed in the Treaty of Amsterdam 1997 (ToA). The Treaty of Amsterdam consolidates the administration of the Commuixities and institutions of the Union and provides for the coherent renumbering of Treaty Articles. The ToA is also concerned with developing the concept of European citizenship, common strategies for employment and the co-ordination of national policies consolidation of enviroixmental 

The European Court has two types of jurisdiction, direct actions, and reference for preliminary rulings. 

References for preliminary rulings are requests by national courts for interpretation of a Community provision. Article 234 (formerly 177) provides that any court or tribunal may ask the European Court for a ruling but only the final court of appeal (the House of Lords in the UK) must ask for a ruling if a party requests it. In the English case of Bulmer v. Bollinget the Court of Appeal held that the High Court and the Court of Appeal may interpret Community law. 

Referrals to the Court of Justice are requests to it to rule on the interpretation or applicability of particular parts of Community law. Where the Court of Justice makes a decision, it not only settles the particular matter at issue but also spells out tire construction to be placed on disputed passages of Community legislation, thereby giving clarification and guidance as to its implementation. 

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