European Court of Justice, general information

Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union now has legal personality and has acquired the competences previously conferred on the European Community. Community law has therefore become European Union law, which also includes all the provisions previously adopted under the Treaty on European Union as applicable before the Treaty of Lisbon. In the following presentation, the term ‘Community law’ will nevertheless be used where reference is being made to the case-law of the Court of Justice before the entry into force of the Treaty of Lisbon.

Jurisdiction

To enable it properly to fulfil its task, the Court has been given clearly defined jurisdiction, which it exercises on references for preliminary rulings and in various categories of proceedings.

References for preliminary rulings

The Court of Justice cooperates with all the courts of the Member States, which are the ordinary courts in matters of European Union law. To ensure the effective and uniform application of European Union legislation and to prevent divergent interpretations, the national courts may, and sometimes must, refer to the Court of Justice and ask it to clarify a point concerning the interpretation of EU law, so that they may ascertain, for example, whether their national legislation complies with that law. A reference for a preliminary ruling may also seek the review of the validity of an act of EU law.

Actions for failure to fulfil obligations

These actions enable the Court of Justice to determine whether a Member State has fulfilled its obligations under European Union law. Before bringing the case before the Court of Justice, the Commission conducts a preliminary procedure in which the Member State concerned is given the opportunity to reply to the complaints addressed to it. If that procedure does not result in the Member State terminating the failure, an action for infringement of EU law may be brought before the Court of Justice.

Actions for annulment

By an action for annulment, the applicant seeks the annulment of a measure (in particular a regulation, directive or decision) adopted by an institution, body, office or agency of the European Union.

GENERAL COURT

As from 1 December 2009, the date on which the Treaty of Lisbon entered into force, the European Union has legal personality and has acquired the competences previously conferred on the European Community. Community law has therefore become European Union law. In the following presentation, the term ‘Community law’ will nevertheless be used where the earlier case-law of the General Court is being cited.

Procedure

The General Court has its own Rules of Procedure. Cases before the General Court follow the same procedure, subject to certain specific features peculiar to intellectual property actions and appeals. In general, the procedure includes a written phase and an oral phase.

sources: http://curia.europa.eu/jcms/jcms/Jo2_7033/

http://en.wikipedia.org/wiki/European_Court_of_Justice

Eu relations with Turkey

Istanbul Mosque ©

 Turkey has been a candidate for EU membership since 1999. Accession negotiations started in 2005.

As a major emerging economy and a member of NATO and the G20, Turkey is a key partner for the European Union. It is recognised as an active regional foreign policy player, with a strategic location, including for the EU’s energy security. The EU is therefore committed to intensify further the political dialogue with Turkey in particular on foreign policy issues of mutual interest.

EU-Turkey political dialogue is carried on at all levels on issues of mutual concern. At ministerial level, dialogue is led for the EU by Federica Mogherini (High Representative for Foreign Affairs and Security Policy) and Johannes Hahn (Commissioner for European Neighbourhood Policy and Enlargement Negotiations).

The Ankara Agreement and the Additional Protocol of 1970:

Turkey-EU relations were initiated in the framework of the association regime based on Ankara Agreement which was signed with the European Economic Community on 12 September 1963 and took effect on 1 December 1964. Ankara Agreement envisaged three stages for the integration of Turkey and the EU, namely a preparatory stage, a transitional stage and a final stage. The completion of the Customs Union was planned at the end of the transitional stage. With the finalisation of the preparatory stage as foreseen in the Agreement, provisions of the transitional stage and the obligations of the Parties were determined in the Additional Protocol signed on 13 November 1970 and put into effect in 1973.

Customs Union:

With the completion of the transitional stage, the Customs Union, which constitutes an important stage for our integration with the EU, entered into force on 1 January 1996. The level of integration between the Parties reached an advanced point with the Customs Union and the next goal of Turkey became the membership to the EU, as indicated in Ankara Agreement (Article 28). The Customs Union continues to be a fundamental dimension of our relations with the EU. (The main organs of the existing association regime are the Association Council, the Association Committee, the Customs Cooperation Committee and the Joint Customs Cooperation Committee.)

The Helsinki Summit, the “candidate status” and the opening of accession negotiations:

A new period began in the relations between Turkey and the EU after Turkey assumed “candidate status” during the Helsinki Summit on 10-11 December 1999. At the Brussels Summit on 16-17 December 2004, the decisions taken in the 1999 Helsinki Summit were reaffirmed, as the Council took note that Turkey sufficiently fulfilled the political criteria and decided to open accession negotiations with Turkey on 3 October 2005. Accession negotiations were launched on the abovementioned date, as planned.

The reform process:

Turkey is going through a comprehensive political and economic transformation process. The impetus created by Turkey’s accession negotiations has been influential in this process as well. Large-scale reforms are being realised in order to attain the highest norms and standards in the field of democracy, the rule of law and human rights in line with the needs and expectations of the society. The Constitutional amendment package adopted by the referendum held on 12 September 2010 was an important step in the reform process. On the other hand, work is also under way to prepare and adopt a new, progressive and comprehensive constitution.

The 3rd Judiciary Reform Package which institutes new arrangements to increase the efficiency of judiciary services and on postponement of cases and sentences related to offences committed through the press, took effect on 5 July 2012. The 4th Judiciary Reform Package was adopted by the Turkish Grand National Assembly on 12 April 2013. In addition, on the basis of the laws adopted in June 2012, Ombudsman and the Human Rights Institutions were established. Ombudsman started to receive petitions in March 2013.

The 28th meeting of the Reform Monitoring Group which first gathered in 2003, with the participation of Ministers of Foreign Affairs, EU, Justice and Interior, was held on 15 June 2013 in Ankara.

Despite the standstill in the accession negotiations due to blockage of negotiation chapters, the establishment of the Ministry for European Union Affairs in 2011, is another demonstration of Turkey’s determined drive towards EU membership and in this context, for reforms.

Sources:http://www.mfa.gov.tr/relations-between-turkey-and-the-european-union.en.mfa