Question

Write a 1-2 essay comparing the judicial arm of the UN (ICJ) and the composition of the EU judiciary. In your essay take note of the concept of appellate review as same may or may not exist in each system.

Answer 1

The International Court of Justice is the primary judicial organ of the United Nations . Its main function is to resolve lawful disputes involving member states and gives consultative opinions to certified UN organs as well as expert agencies. It is composed of a board of 15 judges which are elected by the General Assembly and Security Council for the term nine-year terms. Elections are spread over a period of time, with five judges elected every three years to make sure permanence within the court. Article 31 of the statute has a process by which ad hoc judges sit on debatable cases before the court. The system allows any party to a debatable case to select one extra person to sit as a judge on that particular case only.

Articles 26–29 of the statute permits the court to make smaller chambers, typically 3 or 5 judges in order to hear cases. There are two types of chambers, chambers for particular categories of cases, and ad hoc chambers to hear particular disputes.

All 193 UN members are by design parties to the court's statute. Non-UN members can also become parties to the court's statute. In debatable cases, the ICJ produces a obligatory ruling between states which agree to surrender to the verdict of the court. Awaiting a concluding judgment, the court has capability to order pro tem measures for the safety of the rights of a party to a dispute. The UN Charter grants the General Assembly or the Security Council authority to ask for the court to issue an consultative opinion on any legal question. Article 94 establishes the responsibility of all UN members to abide by decisions of the court concerning them. In case of noncompliance the matter may be taken before the Security Council for enforcement action. While hearing cases, the court applies international law, international conventions, international custom and the universal values of law accepted by civilized nations. The ICJ has the power to make its own rules. The European Court of Justice on the record just the Court of Justice is the highest court in the European Union in matters regarding European Union law. Its task is to interpret EU law and ensure its equivalent appliance across all EU member states. It is the highest court of the European Union regarding the matters of Union law excluding national law. It is not feasible to plea the decisions of national courts to the ECJ, although national courts pass on questions of EU law to the ECJ, though, it is eventually for the national court to pertain the consequential interpretation to the particulars of any given case. The Court of Justice has 28 Judges, assisted by 11 Advocates-General. The Judges and Advocates-General are selected by common settlement of the governments of the member states. They hold office for a renewable period of six years. The President of the Court of Justice is nominated by the judges for a renewable tenure of three years, who presides over hearings and deliberations. There is a Vice-President in order to assist the President in the routine of his duties while take the President's position when the latter is not permitted from attending or while the office of president is vacant. The Advocate Generals are accountable for presenting a legal view on the cases assigned to them. In addition they can question the parties concerned and then give their view on a legal resolution to the case prior to the judge’s deliberation and their judgment. It has a Registrar, who is the Court's chief administrator.

The duty of the Court of Justice is to ensure that the law is observed in the understanding and relevance of the Treaties of the European Union as well of the provisions laid down by the competent Community institutions^. The Court has wide jurisdiction to hear a range of action, while the Court has proficiency, among other things, to rule on applications for cancellation or proceedings for failure to act brought by a Member State or an institution, proceedings against Member States for failure to fulfil obligations, references for a preliminary ruling as well as appeals against decisions of the General Court .

The Court of Justice as well as the General Court may also review the validity of a failure to act on the part of a Union institution. Nonetheless, such an action can be brought simply after the institution has been called on to act. Appeals on judgments which are given by the General Court can be heard by the Court of Justice simply if the plea is on a point of law. If acceptable and well founded, the Court of Justice sets aside the ruling of the General Court. If the state of the proceedings permits, the Court can decide the case itself or the Court has to pass on the case back to the General Court, which is bound by the decision given on appeal. The Court of Justice by its very nature is the supreme guardian of Union legitimacy but it is not the lone judicial body having authority to apply EU law.