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Cases cannot be brought in the ECtHR against the European Union, but the Court has ruled that states cannot escape their human rights obligations by saying that they were implementing EU law. One such principle is respect for fundamental rights, seen in Article 6 2 of the Treaty Establishing the European Union Maastricht Treaty : "The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November and as they result from the constitutional traditions common to the Member States, as general principles of Community law. As seen in Article 6 2 of the Maastricht Treaty, quoted above, the European Union is bound to respect fundamental rights principles. This means that the institutions of the European Union must not violate human rights, as defined by European Union law, and also that the Member States of the European Union must not violate European Union human rights principles when they implement Union legislation or act pursuant to Union law. In practice, this means that the Court of Justice weaves the Convention principles throughout its reasoning. For example, in the Baumbast case, the Court held that when a child has a right of residence in a Member State according to Union law, this also means that his parent s should also have a right of residence due to the principle of respect for family life enshrined in Article 8 of the European Convention on Human Rights. The European Court Of Justice

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Reflections on the European Court of Justice's judgment in Van Gend en Loos - Professor Nick Grief

The Court was established inand is based in Luxembourg. It is composed of one judge per member state — currently 27 — although it normally hears cases in panels of three, five or fifteen judges.

One judge was appointed from each member state and the seventh seat rotated between the "large Member States" West Germany, France and Italy. The Maastricht Treaty was ratified inand created the European Union.

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The name Eurppean the Court did not change unlike the other institutions. The power of the Court resided in the Community pillar the first pillar. The Court gained power inwith the signing of the Amsterdam Treaty. Issues from the third pillar were transferred to the first pillar.

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Previously, these issues were settled between the member states. The Court of First Instance was renamed as the "General Court", and the term "Court of Justice of the European Union" now officially designates the two courts, as along with its specialised tribunals, taken together. Although, only courts of final appeal are bound to refer a The European Court Of Justice of EU law when one is addressed. The court also acts as arbiter between the EU's institutions and can annul the latter's legal rights if it acts outside its powers.

The Judges and Advocates-General are appointed by common accord of the governments of the member states [7] and hold office for a renewable term of six years. The treaties require that they are chosen from legal experts whose independence is "beyond doubt" and who CCourt the qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence. The President of the Court of Justice is elected from and by the judges for a renewable term of three years.

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The president presides over hearings and deliberations, directing both The European Court Of Justice business and administration for example, the time table of the Court and Grand Chamber. He also assigns cases to the chambers for examination and appoints judge as rapporteurs reporting judges. The post of vice-president was created by amendments to Jushice Statute of the Court of Justice in The duty of the Vice-President is to assist the President in the performance of his duties and to take the President's place when the latter is prevented from attending or when the office of president is vacant.]