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European Court of Justice and Court of First Instance

Author:
Issue 2004/5
Pg 349-362

Summary

Estonia’s accession to the European Union has resulted in great changes in the legal system. In order to orientate in these changes, it is necessary to know the Community’s judicial system comprising the European Court of Justice and the Court of First Instance. What is the role of the European Court of Justice? Who works there? What kind of rules of procedure does it apply? How can positions be protected? The author addresses these questions and many others with regard to the European Court of Justice.

The topic is examined from the perspective of procedure, i.e. an overview is given of the legislation governing the rules of procedure at the European Court of Justice and the Court of First Instance. Further, attention is paid to the composition of the courts, organisation of work, their jurisdiction, terms, etc. The author aims at analysing these issues as clearly as possible in order to clarify the activities of the two courts and thereby to make them more understandable. Therefore the article should be of interest to both the general public as well as specialists working in the Estonian legal system. The author also explains under what conditions and how persons can take recourse to the European Court of Justice and the Court of First Instance. Finally, the article helps to understand the possibilities that a Member State has in protecting its interests in the European Union.

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