The Court of JusticeThe Court of Justice

European Law in the MakingEuropean Law in the Making

TerminologyTerminology

JurisdictionJurisdiction VenueVenue StandingStanding ChambersChambers Plenary SessionPlenary Session RapporteurRapporteur PlaintiffPlaintiff CompetenceCompetence

Terminology (cont’d)Terminology (cont’d)

BindingBinding Findings of the CourtFindings of the Court DamagesDamages

The Court of First InstanceThe Court of First Instance

Has jurisdiction to hear and Has jurisdiction to hear and determine:determine: Actions for annulment, for failure to act Actions for annulment, for failure to act

and for damages brought by natural and and for damages brought by natural and legal persons against the Community legal persons against the Community institutions (Parliament, Commission, institutions (Parliament, Commission, Council …)Council …)

Actions brought against the Commission Actions brought against the Commission under the ECSC Treaty by undertakings under the ECSC Treaty by undertakings and associations of undertakingsand associations of undertakings

Court of First Instance (cont’d)Court of First Instance (cont’d)

Has jurisdiction to hear and determine Has jurisdiction to hear and determine disputes between the Community and its disputes between the Community and its officials and other servantsofficials and other servants

Decides cases concerning public- or Decides cases concerning public- or private-law contracts concluded by the private-law contracts concluded by the Community if they contain an arbitration Community if they contain an arbitration clauseclause

Its judgment may be the subject of an Its judgment may be the subject of an appeal, limited to points of law, to the appeal, limited to points of law, to the Court of JusticeCourt of Justice

The Court of JusticeThe Court of Justiceof the European Communitiesof the European Communities

Has jurisdiction to hear and determine:Has jurisdiction to hear and determine: Action for failure to fulfill Treaty obligationsAction for failure to fulfill Treaty obligations

Commission against a Member State orCommission against a Member State or Member State against another Member StateMember State against another Member State

Actions for annulmentActions for annulment Judicial review of the legality of Community actsJudicial review of the legality of Community acts

Actions for failure to actActions for failure to act Against Parliament, Council or CommissionAgainst Parliament, Council or Commission For damages against Community institutions or For damages against Community institutions or

servantsservants

The Court of Justice (cont’d)The Court of Justice (cont’d)

Preliminary rulings on the Preliminary rulings on the interpretation or validity of interpretation or validity of Community lawCommunity law References from national courtsReferences from national courts

Appeals against judgments of the Appeals against judgments of the Court of First InstanceCourt of First Instance

Kaur Case Kaur Case on European Citizenshipon European Citizenship

Having formed the view that the Having formed the view that the outcome of the proceedings before it outcome of the proceedings before it depended on the interpretation of depended on the interpretation of Community law, the High Court of Community law, the High Court of Justice of England and Wales, Queen's Justice of England and Wales, Queen's Bench Division (Crown Office), Bench Division (Crown Office), decided to stay the proceedings and decided to stay the proceedings and to refer the following questions to the to refer the following questions to the Court for a preliminary ruling: Court for a preliminary ruling:

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1. When determining whether the 1. When determining whether the Applicant, as a British Overseas Applicant, as a British Overseas Citizen not entitled (under United Citizen not entitled (under United Kingdom law) to enter or remain in Kingdom law) to enter or remain in the United Kingdom, is a person the United Kingdom, is a person holding the nationality of a Member holding the nationality of a Member State and therefore is a citizen of the State and therefore is a citizen of the Union for the purpose of Article 8 of Union for the purpose of Article 8 of the EC Treaty: the EC Treaty:

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(1) What is the effect (if any) as a matter (1) What is the effect (if any) as a matter of Community law of of Community law of

(a) the United Kingdom's 1972 Declaration on (a) the United Kingdom's 1972 Declaration on the definition of the term 'nationals’ which was the definition of the term 'nationals’ which was made at the time of Accession to the European made at the time of Accession to the European Communities and annexed to the Final Act of Communities and annexed to the Final Act of the Accession Conference, andthe Accession Conference, and

(b) the United Kingdom's 1982 Declaration on (b) the United Kingdom's 1982 Declaration on the meaning of a UK national, and the meaning of a UK national, and

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(c) Declaration No 2 to the Treaty on (c) Declaration No 2 to the Treaty on European Union signed on 7 February European Union signed on 7 February 1992 that nationality is to be decided 1992 that nationality is to be decided solely by reference to the national law of solely by reference to the national law of the Member State concerned and the Member State concerned and Member States may declare, for Member States may declare, for information, who are to be considered to information, who are to be considered to be their nationals for Community be their nationals for Community purposes? purposes?

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(2) If and to the extent that the United (2) If and to the extent that the United Kingdom is not entitled, as a matter of Kingdom is not entitled, as a matter of Community law, to rely on the Declarations Community law, to rely on the Declarations referred to in (1) above, what are the referred to in (1) above, what are the relevant criteria for identifying whether a relevant criteria for identifying whether a person has nationality of a Member State person has nationality of a Member State for the purposes of Article 8 where domestic for the purposes of Article 8 where domestic law identifies various categories of law identifies various categories of nationality only some of which confer a nationality only some of which confer a right to enter and remain in that Member right to enter and remain in that Member State? State?

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(3) In this context, what is the effect of the (3) In this context, what is the effect of the principle of respect for fundamental human principle of respect for fundamental human rights under Community law claimed by the rights under Community law claimed by the Applicant, in particular where the Applicant Applicant, in particular where the Applicant relies on Article 3(2) of the Fourth Protocol relies on Article 3(2) of the Fourth Protocol to the European Convention on Human to the European Convention on Human Rights that no one shall be deprived of the Rights that no one shall be deprived of the right to enter the territory of the State of right to enter the territory of the State of which he is a national, which has not been which he is a national, which has not been ratified by the United Kingdom? ratified by the United Kingdom?

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2. In the circumstances of the present case, 2. In the circumstances of the present case, does Article 8a(1) of the EC Treaty: does Article 8a(1) of the EC Treaty:

(a) Confer rights on a citizen of the Union to (a) Confer rights on a citizen of the Union to enter and remain in the Member State of which enter and remain in the Member State of which he is a national even where those rights are he is a national even where those rights are otherwise denied by national law. otherwise denied by national law.

(b) Confer rights additional to those which (b) Confer rights additional to those which existed under the EC Treaty prior to its existed under the EC Treaty prior to its amendment by the Treaty on European Union. amendment by the Treaty on European Union.

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(c) Give rise to directly effective rights (c) Give rise to directly effective rights which citizens of the Union may invoke which citizens of the Union may invoke before national courts and tribunals.before national courts and tribunals.

(d) Apply to situations which are wholly (d) Apply to situations which are wholly internal to a single Member State?internal to a single Member State?

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THE COURT,THE COURT,in answer to the questions referred to it by the in answer to the questions referred to it by the

High Court of Justice of England and Wales, High Court of Justice of England and Wales, Queen's Bench Division (Crown Office), by Queen's Bench Division (Crown Office), by order of 14 April 1999, hereby rules: order of 14 April 1999, hereby rules:

In order to determine whether a person is a In order to determine whether a person is a national of the United Kingdom of Great national of the United Kingdom of Great Britain and Northern Ireland for the purposes Britain and Northern Ireland for the purposes of Community law, it is necessary to refer to of Community law, it is necessary to refer to thethe

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1982 Declaration by the Government of the 1982 Declaration by the Government of the United Kingdom of Great Britain and United Kingdom of Great Britain and Northern Ireland on the definition of the Northern Ireland on the definition of the term 'nationals’ which replaced the 1972 term 'nationals’ which replaced the 1972 Declaration by the Government of the Declaration by the Government of the United Kingdom of Great Britain and United Kingdom of Great Britain and Northern Ireland on the definition of the Northern Ireland on the definition of the term 'nationals,’ annexed to the Final Act of term 'nationals,’ annexed to the Final Act of the Treaty concerning the Accession of the the Treaty concerning the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Kingdom of Great Britain and Northern Ireland to the European Communities.Ireland to the European Communities.