Edited by Martin Trybus and Luca Rubini
Chapter 2: The European Court of Justice after Lisbon
JOBNAME: Trybus and Rubini PAGE: 1 SESS: 7 OUTPUT: Tue Apr 24 15:08:21 2012 2. The European Court of Justice after Lisbon Anthony Arnull 1. INTRODUCTION This chapter considers the implications of the Treaty of Lisbon for the European Court of Justice (ECJ). It begins with the provisions agreed at Lisbon on the nomenclature of the three components of the European Union judicature. It then focuses on the ECJ, looking in particular at the procedure for appointing new members, its powers, the scope of its jurisdiction and fundamental rights. It concludes with some observations on the general approach likely to be taken by the ECJ in the post-Lisbon era. 2. WHAT’S IN A NAME? Since the entry into force of the Convention on Certain Institutions Common to the European Communities, the ECJ had called itself ‘the Court of Justice of the European Communities’. That usage was given Treaty recognition in the Single European Act and the pre-Lisbon TEU.1 The prospective demise of the European Community as an entity distinct from the European Union meant that the formal title of the ECJ would have to change. This led the Convention on the Future of Europe to give broader consideration to the nomenclature of the Union Courts. The outcome of its deliberations on the question are reﬂected in the ﬁrst sentence of Article 19(1) of the post-Lisbon TEU, which provides: ‘The Court of Justice of the European Union shall include the Court of Justice, the General Court and...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.