Protecting Its Exclusive Jurisdiction: The Mox Plant-judgment of the ECJ

Protecting Its Exclusive Jurisdiction: The Mox Plant-judgment of the ECJ The Law and Practice of International Courts and Tribunals 5 : 479–493, 2006 © 2006 Koninklijke Brill NV, Leiden, The Netherlands. PROTECTING ITS EXCLUSIVE JURISDICTION: THE MOX PLANT -JUDGMENT OF THE ECJ N IKOLAOS L AVRANOS * Abstract In the judgment in Case C-459/03, Commission v Ireland, the ECJ for the first time explicitly determined the scope of its exclusive jurisdiction based on Article 292 EC. The ECJ interpreted its jurisdiction very expansively in order to protect its exclusive jurisdiction to interpret and apply Community law. Accordingly, EU Member States involved in a dispute that potentially raises issues of Community law are not allowed to bring the case before a dispute settlement body other than the ECJ. Furthermore, Member States have the duty to inform and consult the Community institutions prior of bringing a case before another dispute settlement body. Otherwise, the ECJ claims, the danger arises that the autonomy of the Community legal order and its exclusive jurisdiction may adversely be affected by rulings of other international courts or tribunals in disputes that also touch on EC law. With this judgment the ECJ substantially restricted the right of the EU Member States to select a dispute settlement http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Protecting Its Exclusive Jurisdiction: The Mox Plant-judgment of the ECJ

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Publisher
BRILL
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
D.O.I.
10.1163/157180306778938737
Publisher site
See Article on Publisher Site

Abstract

The Law and Practice of International Courts and Tribunals 5 : 479–493, 2006 © 2006 Koninklijke Brill NV, Leiden, The Netherlands. PROTECTING ITS EXCLUSIVE JURISDICTION: THE MOX PLANT -JUDGMENT OF THE ECJ N IKOLAOS L AVRANOS * Abstract In the judgment in Case C-459/03, Commission v Ireland, the ECJ for the first time explicitly determined the scope of its exclusive jurisdiction based on Article 292 EC. The ECJ interpreted its jurisdiction very expansively in order to protect its exclusive jurisdiction to interpret and apply Community law. Accordingly, EU Member States involved in a dispute that potentially raises issues of Community law are not allowed to bring the case before a dispute settlement body other than the ECJ. Furthermore, Member States have the duty to inform and consult the Community institutions prior of bringing a case before another dispute settlement body. Otherwise, the ECJ claims, the danger arises that the autonomy of the Community legal order and its exclusive jurisdiction may adversely be affected by rulings of other international courts or tribunals in disputes that also touch on EC law. With this judgment the ECJ substantially restricted the right of the EU Member States to select a dispute settlement

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2006

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