Resources before the Court of Justice of the European Union
it is widely known the rules that are applied in Spain are linked, according to the principle of supremacy, to the European Union’s law. Directives and laws that, by competence, correspond to be done by the European institutions.
Can a citizen go before the court of justice of the European Union?
The jurisdiction of the Court of Justice of the European Union is to give interpretation of the treaties in the European Union and to validity and interpret the acts of the European institution, offices or agencies in the Union.
If a citizen or customer of one-member state has seen their rights infringed, from the point of view that the European Union Law has not been respected, will be able to go before the Court of Luxembourg. The Court must give his interpretation about the European Union in the particular case.
Possible ways for the citizen to go to the court of justice of the European Union
a) The preliminary ruling
The Spanish court have the legal authority to raise a preliminary ruling before the European Union court in order to have a correct interpretation of the European Union law in the particular case, if the Spanish court have doubts.
As we have said, this power is left, at the end, to the Spanish court. However, there is an exception, under which the national judge is forced to raise the question: in all cases in which a specific decision is not subject to appeal. In other words, if we have the intention to raise to the Supreme court (in the case of Spain) an appeal, we must show our interest to raise a preliminary ruling to the European Court in Luxemburg, to understand that there has been a violation of community rights.
b) “Amparo” appeal before the Spanish Constitutional Court
The Supreme Court, despite not being considered a “third instance” in itself, exhaust all national appeals opportunities. Another option to enforce the rights of the citizen in the case of understanding that the effective judicial protection derived from non-application of European Union regulations has been violated is through an appeal before the Spanish Constitutional Court, arguing the Spanish constitution rights.
Lawsuits before the european court of human rights
If you have exhausted your country’s legal court actions, and any of the rights included in the European Union’s Charter of Human Rights have been violated, you can apply to the Court of Human Rights in Strasbourg.
Among the rights recognized by the European Charter are the right to data protection, protection of property, the right to work, the right to education or the right to effective judicial protection.
If any of the human rights recognized in the Charter have been violated, the relevant procedure can be brought before Strasbourg.
Other ways to claim damages for non-compliance with European Union regulations
There are other ways or mechanisms specially designed so that the consumer and user can assert their rights. One of these is the presentation of Complaint before the European Commission, a petition before the European Parliament, a complaint before the European Ombudsman or also, in Spain, a patrimonial claim for State liability.
Lawyers specialized in European Union and European Union law
Navas & Cusí attorneys have more than 35 years of experience in European union law, financial and banking law and commercial. We offer legal advice both companies and customers in the defense of their rights regarding the application and monitoring of European union law.
In case there has been a violation of rights that has caused damage, our economists are responsible for making an economic assessment, and our legal team makes the appropriate legal action for the consumer to be compensated.
Do not hesitate to contact us to explain your case, and we will give you our legal opinion about it.