Question: Which court is the highest court in the jurisdiction having European Economic and Social Committee?

full_context: Document 1: European Coal and Steel Community: The European Coal and Steel Community (ECSC) was an organisation of 6 European countries set up after World War II to regulate their industrial production under a centralised authority. It was formally established in 1951 by the Treaty of Paris, signed by Belgium, France, West Germany, Italy, the Netherlands and Luxembourg. The ECSC was the first international organisation to be based on the principles of supranationalism, and started the process of formal integration which ultimately led to the European Union.
Document 2: European Union law: The Social Chapter is a chapter of the 1997 Treaty of Amsterdam covering social policy issues in European Union law. The basis for the Social Chapter was developed in 1989 by the "social partners" representatives, namely UNICE, the employers' confederation, the European Trade Union Confederation (ETUC) and CEEP, the European Centre of Public Enterprises. A toned down version was adopted as the Social Charter at the 1989 Strasbourg European Council. The Social Charter declares 30 general principles, including on fair remuneration of employment, health and safety at work, rights of disabled and elderly, the rights of workers, on vocational training and improvements of living conditions. The Social Charter became the basis for European Community legislation on these issues in 40 pieces of legislation.
Document 3: Flag of the European Coal and Steel Community: The flag of the European Coal and Steel Community was a horizontal bicolour flag defaced with stars which represented the European Coal and Steel Community (ECSC) between 1958 (six years after the ECSC was founded) until 2002 when the Community was merged into the European Union (EU). Prior to 1958 the ECSC did not have a flag, and no other flag has been used by a historical part of the European Union other than the flag of Europe.
Document 4: Trade unions in Europe: The European Trade Union Confederation was set up in 1973 to promote the interests of working people at the European level and to represent them in the European Union institutions. It is recognized by the European Union, the Council of Europe, and the European Free Trade Association as the only representative cross-sectoral trade union organization at the European level.
Document 5: European Economic and Social Committee: The European Economic and Social Committee (EESC) is a consultative body of the European Union (EU) established in 1958. It is an advisory assembly composed of "social partners", namely: employers (employers' organisations), employees (trade unions) and representatives of various other interests. Its seat, which it shares with the Committee of the Regions, is the Jacques Delors building on Belliardstraat / Rue Belliard 99 in Brussels. Once known by the acronym "EcoSoc", the body is now referred to as the "EESC", to avoid confusions with the United Nations ECOSOC.
Document 6: 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 7: 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 8: Strasbourg: In 1949, the city was chosen to be the seat of the Council of Europe with its European Court of Human Rights and European Pharmacopoeia. Since 1952, the European Parliament has met in Strasbourg, which was formally designated its official 'seat' at the Edinburgh meeting of the European Council of EU heads of state and government in December 1992. (This position was reconfirmed and given treaty status in the 1997 Treaty of Amsterdam). However, only the (four-day) plenary sessions of the Parliament are held in Strasbourg each month, with all other business being conducted in Brussels and Luxembourg. Those sessions take place in the Immeuble Louise Weiss, inaugurated in 1999, which houses the largest parliamentary assembly room in Europe and of any democratic institution in the world. Before that, the EP sessions had to take place in the main Council of Europe building, the Palace of Europe, whose unusual inner architecture had become a familiar sight to European TV audiences. In 1992, Strasbourg became the seat of the Franco-German TV channel and movie-production society Arte.
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: 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 11: European Economic Community: The EEC was also known as the Common Market in the English - speaking countries and sometimes referred to as the European Community even before it was officially renamed as such in 1993.
Document 12: 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 13: European Economic Community: The European Economic Community (EEC) was a regional organisation which aimed to bring about economic integration among its member states. It was created by the Treaty of Rome of 1957. Upon the formation of the European Union (EU) in 1993, the EEC was incorporated and renamed as the European Community (EC). In 2009 the EC's institutions were absorbed into the EU's wider framework and the community ceased to exist.
Document 14: 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 15: 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.
ground_truth: The European Court of Justice
sub_queries: European Economic and Social Committee >> applies to jurisdiction Answer: European Union
Which court is the highest court in European Union ? Answer: The European Court of Justice