Background

Before the United Kingdom joined the European Community, the jurisdiction of the courts of England depended on English law. Now things have changed. Community law provides the main foundation for their jurisdiction: it is only where Community law does not operate that the traditional English rules still apply. In discussing the jurisdiction of English courts, therefore, we must begin with Community law. (The traditional English rules will be considered in the next chapter.)

The European Community began more than fifty years ago when six European nations came together to form the European Coal and Steel Community. From these small beginnings, it has grown to a continent-wide organization with twenty-seven Member States. It has three political organs: the Council, which represents the Member States (its members are the delegates of the national governments); the European Parliament, representing the peoples of Europe (its members are elected by the voters of Europe); and the Commission, a sort of executive, whose members are appointed by the Council but must be approved by the Parliament. There is also a court, the European Court of Justice, whose members are appointed by the national governments.

Most cases before the European Court fall into one or other of two categories. The first category consists of cases that begin (and end) before the European Court. These are cases concerning the Community itself – for example, actions to annul Community acts, actions in tort against the Community, or actions by the Community against Member States.