The European Justice System

EUROPEAN JUSTICE SYSTEM

The justice system consists of three categories: the law enforcement officers, the criminal justice system, and the court system. The duties of the officers are to combat and prevent crime. They must apprehend anyone who has broken the law that was written by the legislators. Secondly, the criminal justice system is a system that develops a way to maintain social control and justifying crimes. They also sanction those who have broken the law with necessary criminal penalties. The criminal justice systems consist of law enforcing Institutions and the government. Lastly, the court which consist of the Judge, Jury and councilors; the judge sentences the accused, and the jury decides whether if the accused is guilty or not. The counselors’ duty is to either prove your innocence or to prosecute you. The European court of justice is the highest court of the European Union law. The court’s job is to implement the European law and successfully go about the application of its laws amongst the European member states; and each European member state is headed by a judge. The European justice court was founded in the year, 1952 by the Treaty of Paris. The court is said to be apart of the European coal and steel community; and was created with seven judges. Presently, the court consists of 27 judges assisted by 8 Advocates-General. Both judges and advocates are appointed by governments of the member states for an office term of six years. They must be chosen by legal experts who are qualified to appoint those into the highest judicial offices who recognizably possess competence.

Hierarchy of the European Courts

• Supreme court- The highest court of appeal in the United Kingdom. It must give effect to directly applicable European law, and to interpret domestic law so far as possible consistently with European law. Its must give result to the rights enclosed in the European Convention on Human Rights.
• High court- functions both as civil and criminal for cases from the subordinate courts. The high court consists of the family division, the Queen’s Bench, and the chancery divisions. The divisions doesn’t operate as separate as courts, however they have separate procedures and practices adapted to their purposes. Certain cases will be assigned to its respective division depending on their subject matter.
• Crown court- Is a criminal court consisting of both appellate and original jurisdiction. The crown court handles a little amount of civil business at first instance and on appeal.
• Court of Appeal-Handles with appeals from other courts or tribunals. There are two divisions in the Court of Appeal: the civil division and the criminal division

Constitutional Law

The law consists of mainly the primary law, secondary law and the supplementary law. The primary law is mainly a conjugation European treaty. Within these treaties is consist of formal and substantive provisions, which carry out the implementation of the policies of the European institutions. They decide the formal rules that assign the division of competences between the European Union and Member States. Additionally, carry out substantive rules that describe the range of the policies and supply a structure for the action taken by the institution by the institution regarding each of them. Secondary laws are adopted on the foundation of the primary law. They take the form of directives, rules or decisions. Recommendation and opinions are also utilized; and verdicts of the Court can also be measured on a treaty point. Lastly, the supplementary law includes international law and general principles of law. The international law is a source of insight for the Court of Justice when developing its case law. The Court cites written law, practice and usage. The general principles of law are unwritten sources of law developed by the case law of the Court of Justice.