Arnull, Anthony --- "The European Court of Justice after Lisbon" [2012] ELECD 512; in Trybus, Martin; Rubini, Luca (eds), "The Treaty of Lisbon and the Future of European Law and Policy" (Edward Elgar Publishing, 2012)

Book Title: The Treaty of Lisbon and the Future of European Law and Policy

Editor(s): Trybus, Martin; Rubini, Luca

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857932556

Section: Chapter 2

Section Title: The European Court of Justice after Lisbon

Author(s): Arnull, Anthony

Number of pages: 21

Extract:

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 jurisdic-
tion 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 specialised courts'.2


1
See Article 31 SEA; Articles 35(1) ...