Court of Justice of the European Union vs. UK Supreme Court

Attribute	Court of Justice of the European Union	UK Supreme Court
Location	Located in Luxembourg	Located in London
Jurisdiction	EU law and treaties	UK law
Number of Judges	One judge per EU member state	12 judges
Appeals Process	Final arbiter of EU law	Final court of appeal in the UK

Introduction

When it comes to the legal systems of Europe, two prominent institutions stand out - the Court of Justice of the European Union (CJEU) and the UK Supreme Court. Both courts play a crucial role in interpreting and upholding the law, but they have distinct differences in their structure, jurisdiction, and functions. In this article, we will compare the attributes of these two courts to better understand their roles in the legal landscape.

Structure

The CJEU is composed of one judge from each EU member state, along with 11 advocates-general. The judges are appointed by mutual agreement among the member states for a renewable term of six years. In contrast, the UK Supreme Court consists of 12 justices who are appointed by the monarch on the advice of the Prime Minister. Justices of the UK Supreme Court hold their positions until they reach the mandatory retirement age of 70.

Jurisdiction

The CJEU has jurisdiction over EU law and ensures its uniform interpretation and application across all member states. It primarily deals with cases involving the interpretation of EU treaties, regulations, and directives. On the other hand, the UK Supreme Court is the highest court in the UK legal system and has jurisdiction over all civil and criminal matters. It hears cases of general public importance and those that raise significant points of law.

Functions

The CJEU's main function is to ensure the uniform interpretation and application of EU law. It does so by providing preliminary rulings on questions of EU law referred by national courts and hearing direct actions brought by member states, EU institutions, and individuals. In contrast, the UK Supreme Court's primary function is to hear appeals on points of law of general public importance. It also has the power to interpret legislation and develop the common law.

Decision-Making Process

Decisions of the CJEU are made by a majority vote of the judges, with the President having a casting vote in the event of a tie. The CJEU's decisions are binding on all member states and their national courts. On the other hand, decisions of the UK Supreme Court are made by a majority of the justices present at the hearing. While its decisions are not binding on other courts, they are highly persuasive and often followed in subsequent cases.

Independence

The CJEU is an independent judicial body that operates separately from the EU institutions. Its judges are required to act independently and impartially in the performance of their duties. Similarly, the UK Supreme Court is independent of the government and parliament. Justices are expected to uphold the rule of law and administer justice without fear or favor.

Role in the Legal System

The CJEU plays a crucial role in ensuring the uniform application of EU law and safeguarding the rights of individuals and businesses within the EU. Its decisions have a direct impact on the legal systems of all member states. On the other hand, the UK Supreme Court serves as the final court of appeal in the UK legal system and plays a key role in developing the common law and interpreting legislation.

Conclusion

In conclusion, the Court of Justice of the European Union and the UK Supreme Court are two distinct judicial institutions with different structures, jurisdictions, and functions. While the CJEU focuses on ensuring the uniform interpretation and application of EU law, the UK Supreme Court serves as the highest court in the UK legal system. Both courts play a crucial role in upholding the rule of law and administering justice within their respective jurisdictions.