Question: What is the highest court in the organization which uses the terms racial origin and ethnic origin interchangeably?

full_context: Document 1: Race (human categorization): The European concept of "race", along with many of the ideas now associated with the term, arose at the time of the scientific revolution, which introduced and privileged the study of natural kinds, and the age of European imperialism and colonization which established political relations between Europeans and peoples with distinct cultural and political traditions. As Europeans encountered people from different parts of the world, they speculated about the physical, social, and cultural differences among various human groups. The rise of the Atlantic slave trade, which gradually displaced an earlier trade in slaves from throughout the world, created a further incentive to categorize human groups in order to justify the subordination of African slaves. Drawing on Classical sources and upon their own internal interactions — for example, the hostility between the English and Irish powerfully influenced early European thinking about the differences between people — Europeans began to sort themselves and others into groups based on physical appearance, and to attribute to individuals belonging to these groups behaviors and capacities which were claimed to be deeply ingrained. A set of folk beliefs took hold that linked inherited physical differences between groups to inherited intellectual, behavioral, and moral qualities. Similar ideas can be found in other cultures, for example in China, where a concept often translated as "race" was associated with supposed common descent from the Yellow Emperor, and used to stress the unity of ethnic groups in China. Brutal conflicts between ethnic groups have existed throughout history and across the world.
Document 2: Race (human categorization): In the United States, the practice of racial profiling has been ruled to be both unconstitutional and a violation of civil rights. There is active debate regarding the cause of a marked correlation between the recorded crimes, punishments meted out, and the country's populations. Many consider de facto racial profiling an example of institutional racism in law enforcement. The history of misuse of racial categories to impact adversely one or more groups and/or to offer protection and advantage to another has a clear impact on debate of the legitimate use of known phenotypical or genotypical characteristics tied to the presumed race of both victims and perpetrators by the government.
Document 3: Francovich v Italy: Francovich v Italy (1991) C-6/90 was a decision of the European Court of Justice which established that European Union member states could be liable to pay compensation to individuals who suffered a loss by reason of the member state's failure to transpose an EU directive into national law. This principle is sometimes known as the principle of state liability or "the rule in "Francovich"" in European Union law.
Document 4: Race (human categorization): Wang, Štrkalj et al. (2003) examined the use of race as a biological concept in research papers published in China's only biological anthropology journal, Acta Anthropologica Sinica. The study showed that the race concept was widely used among Chinese anthropologists. In a 2007 review paper, Štrkalj suggested that the stark contrast of the racial approach between the United States and China was due to the fact that race is a factor for social cohesion among the ethnically diverse people of China, whereas "race" is a very sensitive issue in America and the racial approach is considered to undermine social cohesion - with the result that in the socio-political context of US academics scientists are encouraged not to use racial categories, whereas in China they are encouraged to use them.
Document 5: European Union law: Fourth, national courts have a duty to interpret domestic law "as far as possible in the light of the wording and purpose of the directive". Textbooks (though not the Court itself) often called this "indirect effect". In Marleasing SA v La Comercial SA the Court of Justice held that a Spanish Court had to interpret its general Civil Code provisions, on contracts lacking cause or defrauding creditors, to conform with the First Company Law Directive article 11, that required incorporations would only be nullified for a fixed list of reasons. The Court of Justice quickly acknowledged that the duty of interpretation cannot contradict plain words in a national statute. But, fifth, if a member state has failed to implement a Directive, a citizen may not be able to bring claims against other non-state parties, but can sue the member state itself for failure to implement the law. So, in Francovich v Italy, the Italian government had failed to set up an insurance fund for employees to claim unpaid wages if their employers had gone insolvent, as the Insolvency Protection Directive required. Francovich, the former employee of a bankrupt Venetian firm, was therefore allowed to claim 6 million Lira from the Italian government in damages for his loss. The Court of Justice held that if a Directive would confer identifiable rights on individuals, and there is a causal link between a member state's violation of EU and a claimant's loss, damages must be paid. The fact that the incompatible law is an Act of Parliament is no defence.
Document 6: European Union law: The primary law of the EU consists mainly of the founding treaties, the "core" treaties being the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Treaties contain formal and substantive provisions, which frame policies of the European Union institutions and determine the division of competences between the European Union and its member states. The TEU establishes that European Union law applies to the metropolitan territories of the member states, as well as certain islands and overseas territories, including Madeira, the Canary Islands and the French overseas departments. European Union law also applies in territories where a member state is responsible for external relations, for example Gibraltar and the Åland islands. The TEU allows the European Council to make specific provisions for regions, as for example done for customs matters in Gibraltar and Saint-Pierre-et-Miquelon. The TEU specifically excludes certain regions, for example the Faroe Islands, from the jurisdiction of European Union law. Treaties apply as soon as they enter into force, unless stated otherwise, and are generally concluded for an unlimited period. The TEU provides that commitments entered into by the member states between themselves before the treaty was signed no longer apply.[vague] All EU member states are regarded as subject to the general obligation of the principle of cooperation, as stated in the TEU, whereby member states are obliged not to take measure which could jeopardise the attainment of the TEU objectives. The Court of Justice of the European Union can interpret the Treaties, but it cannot rule on their validity, which is subject to international law. Individuals may rely on primary law in the Court of Justice of the European Union if the Treaty provisions have a direct effect and they are sufficiently clear, precise and unconditional.
Document 7: Race (human categorization): The term "Hispanic" as an ethnonym emerged in the 20th century with the rise of migration of laborers from the Spanish-speaking countries of Latin America to the United States. Today, the word "Latino" is often used as a synonym for "Hispanic". The definitions of both terms are non-race specific, and include people who consider themselves to be of distinct races (Black, White, Amerindian, Asian, and mixed groups). However, there is a common misconception in the US that Hispanic/Latino is a race or sometimes even that national origins such as Mexican, Cuban, Colombian, Salvadoran, etc. are races. In contrast to "Latino" or "Hispanic", "Anglo" refers to non-Hispanic White Americans or non-Hispanic European Americans, most of whom speak the English language but are not necessarily of English descent.
Document 8: European Union law: The concept of legal certainty is recognised one of the general principles of European Union law by the European Court of Justice since the 1960s. It is an important general principle of international law and public law, which predates European Union law. As a general principle in European Union law it means that the law must be certain, in that it is clear and precise, and its legal implications foreseeable, specially when applied to financial obligations. The adoption of laws which will have legal effect in the European Union must have a proper legal basis. Legislation in member states which implements European Union law must be worded so that it is clearly understandable by those who are subject to the law. In European Union law the general principle of legal certainty prohibits Ex post facto laws, i.e. laws should not take effect before they are published. The doctrine of legitimate expectation, which has its roots in the principles of legal certainty and good faith, is also a central element of the general principle of legal certainty in European Union law. The legitimate expectation doctrine holds that and that "those who act in good faith on the basis of law as it is or seems to be should not be frustrated in their expectations".
Document 9: European Union law: European Union law is applied by the courts of member states and the Court of Justice of the European Union. Where the laws of member states provide for lesser rights European Union law can be enforced by the courts of member states. In case of European Union law which should have been transposed into the laws of member states, such as Directives, the European Commission can take proceedings against the member state under the Treaty on the Functioning of the European Union. The European Court of Justice is the highest court able to interpret European Union law. Supplementary sources of European Union law include case law by the Court of Justice, international law and general principles of European Union law.
Document 10: Race (human categorization): For the anthropologists Lieberman and Jackson (1995), however, there are more profound methodological and conceptual problems with using cladistics to support concepts of race. They claim that "the molecular and biochemical proponents of this model explicitly use racial categories in their initial grouping of samples". For example, the large and highly diverse macroethnic groups of East Indians, North Africans, and Europeans are presumptively grouped as Caucasians prior to the analysis of their DNA variation. This is claimed to limit and skew interpretations, obscure other lineage relationships, deemphasize the impact of more immediate clinal environmental factors on genomic diversity, and can cloud our understanding of the true patterns of affinity. They argue that however significant the empirical research, these studies use the term race in conceptually imprecise and careless ways. They suggest that the authors of these studies find support for racial distinctions only because they began by assuming the validity of race. "For empirical reasons we prefer to place emphasis on clinal variation, which recognizes the existence of adaptive human hereditary variation and simultaneously stresses that such variation is not found in packages that can be labeled races."
Document 11: European Union law: The judicial branch of the EU has played an important role in the development of EU law, by assuming the task of interpreting the treaties, and accelerating economic and political integration. Today the Court of Justice of the European Union (CJEU) is the main judicial body, within which there is a higher European Court of Justice (commonly abbreviated as ECJ) that deals with cases that contain more public importance, and a General Court that deals with issues of detail but without general importance. There is also a Civil Service Tribunal to deal with EU staff issues, and then a separate Court of Auditors. Under the Treaty on European Union article 19(2) there is one judge from each member state, 28 at present, who are supposed to "possess the qualifications required for appointment to the highest judicial offices" (or for the General Court, the "ability required for appointment to high judicial office"). A president is elected by the judges for three years. Under TEU article 19(3) is to be the ultimate court to interpret questions of EU law. In fact, most EU law is applied by member state courts (the English Court of Appeal, the German Bundesgerichtshof, the Belgian Cour du travail, etc.) but they can refer questions to the EU court for a preliminary ruling. The CJEU's duty is to "ensure that in the interpretation and application of the Treaties the law is observed", although realistically it has the ability to expand and develop the law according to the principles it deems to be appropriate. Arguably this has been done through both seminal and controversial judgments, including Van Gend en Loos, Mangold v Helm, and Kadi v Commission.
Document 12: European Union law: To make new legislation, TFEU article 294 defines the "ordinary legislative procedure" that applies for most EU acts. The essence is there are three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs (not just those present) to block or suggest changes, and the Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendment. Where the different institutions cannot agree at any stage, a "Conciliation Committee" is convened, representing MEPs, ministers and the Commission to try and get agreement on a joint text: if this works, it will be sent back to the Parliament and Council to approve by absolute and qualified majority. This means, legislation can be blocked by a majority in Parliament, a minority in the Council, and a majority in the Commission: it is harder to change EU law than stay the same. A different procedure exists for budgets. For "enhanced cooperation" among a sub-set of at least member states, authorisation must be given by the Council. Member state governments should be informed by the Commission at the outset before any proposals start the legislative procedure. The EU as a whole can only act within its power set out in the Treaties. TEU articles 4 and 5 state that powers remain with the member states unless they have been conferred, although there is a debate about the Kompetenz-Kompetenz question: who ultimately has the "competence" to define the EU's "competence". Many member state courts believe they decide, other member state Parliaments believe they decide, while within the EU, the Court of Justice believes it has the final say.
Document 13: Race (human categorization): The European Union uses the terms racial origin and ethnic origin synonymously in its documents and according to it "the use of the term 'racial origin' in this directive does not imply an acceptance of such [racial] theories".[full citation needed] Haney López warns that using "race" as a category within the law tends to legitimize its existence in the popular imagination. In the diverse geographic context of Europe, ethnicity and ethnic origin are arguably more resonant and are less encumbered by the ideological baggage associated with "race". In European context, historical resonance of "race" underscores its problematic nature. In some states, it is strongly associated with laws promulgated by the Nazi and Fascist governments in Europe during the 1930s and 1940s. Indeed, in 1996, the European Parliament adopted a resolution stating that "the term should therefore be avoided in all official texts".
Document 14: European Union law: While the Treaties and Regulations will have direct effect (if clear, unconditional and immediate), Directives do not generally give citizens (as opposed to the member state) standing to sue other citizens. In theory, this is because TFEU article 288 says Directives are addressed to the member states and usually "leave to the national authorities the choice of form and methods" to implement. In part this reflects that directives often create minimum standards, leaving member states to apply higher standards. For example, the Working Time Directive requires that every worker has at least 4 weeks paid holidays each year, but most member states require more than 28 days in national law. However, on the current position adopted by the Court of Justice, citizens have standing to make claims based on national laws that implement Directives, but not from Directives themselves. Directives do not have so called "horizontal" direct effect (i.e. between non-state parties). This view was instantly controversial, and in the early 1990s three Advocate Generals persuasively argued that Directives should create rights and duties for all citizens. The Court of Justice refused, but there are five large exceptions.
Document 15: Race and ethnicity in the United States Census: In September 1997, during the process of revision of racial categories previously declared by OMB directive no. 15, the American Anthropological Association (AAA) recommended that OMB combine the "race" and "ethnicity" categories into one question to appear as "race/ethnicity" for the 2000 US Census. The Interagency Committee agreed, stating that "race" and "ethnicity" were not sufficiently defined and "that many respondents conceptualize 'race' and 'ethnicity' as one in the same  [sic] underscor[ing] the need to consolidate these terms into one category, using a term that is more meaningful to the American people."
ground_truth: The European Court of Justice
sub_queries: Who uses the terms racial origin and ethnic origin interchangeably? Answer: The European Union
Which court is the highest court in The European Union ? Answer: The European Court of Justice