The Court in the European Institutional System

Abstract

The prominent place occupied by the Court of Justice (ECJ) in the European institutional system, finds no parallel in the international system where courts are generally confined to a marginal role. However, it can also be argued that the Court’s importance is merely a corollary of the role of law in European integration. In a system where integration is largely dependent on the decisions of the European institutions, it was not possible to endow these institutions with unlimited discretionary powers. Guarantees had to be provided for those — states or individuals — that would be affected by their decisions; avenues of legal redress had to be available. The activities of European institutions were thus subjected to relatively precise conditions of substance, form and competence. Furthermore, given the importance of the concept of the rule of law in European legal culture, mechanisms of control were laid down.