Esquarian Court of Justice: Difference between revisions
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Revision as of 18:36, 24 April 2019
Esquarian Court of Justice | |
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Established | 9 September 1990 |
Location | Kaldfesting, Jorland and Lothican |
Composition method | Appointment by national governments |
Authorized by | Treaty of the Esquarian Community |
Judge term length | Service during good behavior |
Number of positions | 1 per Member State |
Website | jus.esquaria.ec |
The Esquarian Court of Justice is the judicial institution of the Esquarian Community empowered to resolve disputes among Member States and interpret the treaties and laws of the Esquarian Community. According to the Treaty of the Esquarian Community, its decisions are acts of Esquarian law which are binding on all Member States.
It is not to be confused with the Esquarian Court of Human Rights, which is a different EC institution with different powers and responsibilities.
Jurisdiction
The Court is empowered to interpret Esquarian law, including the Treaty of the Esquarian Community, laws passed by the bicameral Community legislature (Council and Parliament), EC treaties with non-Member States, and its own prior judgments. It is not entitled to adjudicate national law or hear disputes between Member States and non-Member States except insofar as they touch on Esquarian law.
Decisions
The Treaty of the Esquarian Community states that "[a] majority of judges adjudicating a given case is necessary to reach a decision." It does not require that the full Court hear every case or that an absolute majority of all judges is necessary to reach a decision. Therefore, the Court is entitled to constitute smaller chambers to hear cases as it may require.
The Court de facto operates under civil law and uses the inquisitorial system.
Judges
Each Member State is entitled to appoint one judge to the Court at any given time. The Court is currently composed of the following judges: