The jurisdiction of the European Court of justice

The foundation of the European Community revealed as a result of the ?union concept? connected with the necessities and compulsions in the historical development process. Despite the lack of approval, the present legal statute of the Community is a ?union?. The future will demonstrate whether the ?union concept? will be realized in accordance with the Constitution Treaty. The legal structure constituted in the Community period was based on the superiority of the community law and the autonomy of member states against the said legal system. The enforcement of Community legal system belongs to the European Court of Justice and the Court improves the system with its decisions solving the litigations in practice. The Court of Justice fulfils its duty within the field and competences determined by the Treaty. The applications and the transactions of the member states contradicting with the Community law and regulations are brought before the Court as preliminary ruling requests, infringement lawsuits, actions for nullity, actions for compensation and actions for failure to act. It is possible to appeal against the final judgments of the Court within the structure constituted by the Court itself. The Court faces two major problems in Community legal system. The first is the relation of the Court with the supreme courts of the member states. And the second is the attitude of the Court in the domain of fundamental rights.