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Editura Universitara European Union Litigation Courts - Camelia Toader

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Publisher: Editura Universitara

Author: Camelia Toader

Edition: I

Pages: 66

Publisher year: 2023

ISBN: 978-606-28-1551-6

DOI: https://doi.org/10.5682/9786062815516

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After a close collaboration with the Franco-Romanian Legal College for almost 20 years in which I animated the training courses of its students at the Court of Justice of the European Union in Luxembourg, I gave conferences during the different events organized by this center of excellence supported by the Faculty of Law of Bucharest and the French government and universities in France, I had the chance to meet in Bucharest during the first semester of the academic year 2022-2023 its third-year undergraduate students.
Most of the lectures that I have presented in the limited number of hours made available on European Union litigation can be found in these brief pages that I propose, wishing them to continue with curiosity and fervor to make ongoing research on this vast terrain.
I would like to thank the Franco-Romanian Legal College and its collaborators, Mrs. Laurence Auer, French Ambassador in Bucharest, for the friendship she showed me from our first meetings.
I also thank the publishing house Editura Universitară, the director Vasile Muscalu and his collaborators for the availability of the publication of these lines before the session of examinations of the students.
Finally, I would like to thank my former colleagues Judges and Advocates General at the CJEU, especially Mr Melchior Wathelet, who stimulated me, during our formal and informal dialogues, to structure the information on the evolution of the institution I served, the main pillar of the rule of law in Europe.

Camelia Toader
January 2023
CAMELIA TOADER 

After a close collaboration with the Franco-Romanian Legal College for almost 20 years in which I animated the training courses of its students at the Court of Justice of the European Union in Luxembourg, I gave conferences during the different events organized by this center of excellence supported by the Faculty of Law of Bucharest and the French government and universities in France, I had the chance to meet in Bucharest during the first semester of the academic year 2022-2023 its third-year undergraduate students.
Most of the lectures that I have presented in the limited number of hours made available on European Union litigation can be found in these brief pages that I propose, wishing them to continue with curiosity and fervor to make ongoing research on this vast terrain.
I would like to thank the Franco-Romanian Legal College and its collaborators, Mrs. Laurence Auer, French Ambassador in Bucharest, for the friendship she showed me from our first meetings.
I also thank the publishing house Editura Universitară, the director Vasile Muscalu and his collaborators for the availability of the publication of these lines before the session of examinations of the students.
Finally, I would like to thank my former colleagues Judges and Advocates General at the CJEU, especially Mr Melchior Wathelet, who stimulated me, during our formal and informal dialogues, to structure the information on the evolution of the institution I served, the main pillar of the rule of law in Europe.

Camelia Toader
January 2023

FOREWORD / 7

I. JURISDICTIONAL ARCHITECTURE OF THE EUROPEAN UNION / 9
1. National courts: the first judges of EU law / 9
2. Courts of the European Union / 10
3. Procedure / 11

II. THE DIFFERENT RECOURSES / 13
1. The infringement action / 15
2. The action for annulment / 20
3. Appeals in civil service matters / 24
4. Objection of illegality / 24
5. Action for failure to act / 26
6. Claims for extra-contractual liability / 28
7. References for a preliminary ruling / 34
A. In interpretation / 35
B. In validity / 40
8. Appeals / 41
9. Request for an opinion from the Court of Justice on a draft international agreement (art. 218 par 11 TFEU) / 46
10. Provisional measures / 47
11. Other powers of the Court of Justice and of the General Court / 49
A. Jurisdiction based on an arbitration clause / 49
B. Jurisdiction based on texts other than the EU and FEU Treaties / 49
C. Competences resulting from Title X of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2019/C 384 I/ 01) / 51

ABBREVIATIONS / 59

CJEU DECISIONS CITED / 61

INDICATIVE BIBLIOGRAPHY / 65

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