Text 5 the European Court

A) economic and social policy b) government c) supernational law d) benefit e) member states

The European Union constitutes … in international law

The European Union Law overrides … in many areas

a) national interests

b) national law

c) national sovereignty

a) general principles

b) social policy

c) a new legal order

4. The original aim of the Community was …

a) economic integration

b) to override national law

c) medical care

5. The EU law is one of the most encompassing modern legal systems in…

a) the Middle Ages

b) the world

c) the nearest future

Exercise 4.4 Match the following terms with their definitions:

1) a treaty	a) a governmental or ministerial order having the force of law
2) regulation	b) an official or authoritative instruction
3)recommendation	c) a conclusion or resolution reached after consideration
4) directive	d) a suggestion or proposal as to the best course of action, especially one put forward by an authoritative body
5) decision	e) a written agreement between countries in which they agree to do a particular thing or to help each other.

Exercise 4.5 Decide whether the statements are true or false (T/F)

1. The Law of the European Union operates alongside the laws of Member States of the European Union.

2. The EU law overrides national law in many areas.

3. The EU Treaties are directly applicable in every Member State.

4. There are fifty types of legal acts the European Union uses.

5. F rom the very beginning the aim of the European Economic Community (EC) was economic integration

Exercise 4.6 Fill in the gaps and translate in a written form:

The Law of the European Union is the unique legal system which operates alongside the laws of 1 … of the European Union.

The EU law has direct effect within the legal system of its Member States, and overrides national law in many areas, especially in terms of 2 …

The European Union is not a federal 3 …, nor is it an intergovernmental organization. It constitutes a new legal order in international law for the mutual social and economic 4 … of the Member States. It is sometimes classified as 5 ….

Exercise 5.1 Study the vocabulary:

1)to avoid	1) уникати
2) matter	2) тема, питання, предмет обговорення
3) deliberation	3) обмірковування, обговорення
4) common accord	4) загальне схвалення
5) to hold office	5) обіймати посаду
6) beyond double	6) безсумнівно
7) uneven number	7) не парне число
8) to preside over the court	8) головувати в суді
10) ruling on	9) постанова, рішення суду
11) to supervise compliance	10) перевіряти відповідність

Exercise 5.2 Read and translate the text:

The European court is the highest court in the European Union. The Court was established in 1952 by the Treaty of Paris (1951) and is based in Luxemburg City- unlike most other Union institutions which are based in Brussels. The EC is the highest court of the European Union in matters of European Union law, but not national law with each Member having its own legal system. It make sure that EU-level legislation is interpreted and applied in the same manner across the whole European Union. This is to avoid national courts interpreting the same legislation differently. Its decisions are binding, ensuring Member States, and institutions follow the law. For example if a state fails to implement a directive or the Commission acts outside its power. The Court can also settle legal disputes between states, institutions, business and individuals. It is the responsibility of the European Court to ensure that the law is observed in the interpretation and application of the Treaties of the European Union and of the provisions laid down by the competent European Union institutions. To enable it to carry out that task, the Court has wide jurisdiction to hear various types of action.

The European Court is composed one judge per Member State and eight Advocates General. The Court is led by a President. The President of the European Court is elected from among the judges every 3 years. The President presides over hearings and deliberations, directing judicial business and administration (for example, the time table of the Court). The judges and Advocates General are appointed by common accord of the governments of the Member States and hold office for a term of 6 years.

They are chosen from legal experts whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognized competence. However, as the European Court can only sit with an uneven number of judges, additional judges have been appointed at times when there was an even number of Member States.

The European Court sits as a full Court, in a great Chamber (13 Judges), or in chambers of three or five Judges. It sits in a Grand Chamber when a Member State or Community institution that is a partly to the proceeding so requests, or in particularly complex or important cases. Other cases are heard by a chamber of three or five Judges. The quorum for the full Court is 15. The Court acts as a collegiate body: decisions are made by the Court rather than by individual judges.

There are other courts that consider legal problems in the European Union. The other body of the European Union judicial system is the General Court which give rulings on certain cases, particularly those brought by private individuals, companies and some organizations. It also deals with competition law.

The Civil Service Tribunal deals with disputes between the European Union and the European civil service, and Court of Auditors considers problems of the Union’s accounts.

The European Court should not be confused with the European Court of Human Rights in Strasbourg, which is part of the Council of Europe, which supervises compliance with the European Convention on Human Rights and functions are the highest European court for human rights and fundamental freedoms.

Exercise 5.3 Complete the sentences and choose the best variant:

1. The European court is the highest court in …

a) the Soviet Union

b) the European Union

c) the European Economic Community

2. The European Court is based in …

a) Brussels

b) Tokyo

c) Luxemburg

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