The European Court of Justice: What are the Limits of Its Exclusive Jurisdiction?

Tobias Lock

Research output: Working paper

Abstract

The article explores the limits of the ECJ’s exclusive jurisdiction by addressing two main issues: firstly, whether there are exceptions to that exclusivity, such as the application of the CILFIT case law or the exclusion of Community law from the dispute. Secondly, it asks whether other international courts must respect the ECJ’s jurisdiction over a case. The article commences by briefly discussing the ECJ’s exclusive jurisdiction as it was established in Opinion 1/91 and the Mox Plant-Case and draws conclusions from this case law. It then addresses the above-mentioned points and comes to the conclusion that there are generally no exceptions to the ECJ’s exclusive jurisdiction and that the only option open to Member States is to exclude Community law from a dispute (and even that option is subject to limitations). Furthermore, after exploring several routes advanced in the academic discussion, the article comes to the conclusion that other courts must respect the ECJ’s jurisdiction and as a consequence declare the case inadmissible.
Original languageEnglish
PublisherUniversity of Edinburgh, School of Law, Working Papers
Publication statusPublished - 2009

Keywords

  • ECJ
  • international courts
  • exclusive jurisdiction
  • CILFIT conditions
  • relationship between Community law and international law

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