Question: What is the highest court in the organization to which the Swiss people have continually rejected membership in since the 1990's?

full_context: Document 1: Switzerland: Switzerland voted against membership in the European Economic Area in a referendum in December 1992 and has since maintained and developed its relationships with the European Union (EU) and European countries through bilateral agreements. In March 2001, the Swiss people refused in a popular vote to start accession negotiations with the EU. In recent years, the Swiss have brought their economic practices largely into conformity with those of the EU in many ways, in an effort to enhance their international competitiveness. The economy grew at 3% in 2010, 1.9% in 2011, and 1% in 2012. Full EU membership is a long-term objective of some in the Swiss government, but there is considerable popular sentiment against this supported by the conservative SVP party. The western French-speaking areas and the urban regions of the rest of the country tend to be more pro-EU, however with far from any significant share of the population.
Document 2: Switzerland: Traditionally, Switzerland avoids alliances that might entail military, political, or direct economic action and has been neutral since the end of its expansion in 1515. Its policy of neutrality was internationally recognised at the Congress of Vienna in 1815. Only in 2002 did Switzerland become a full member of the United Nations and it was the first state to join it by referendum. Switzerland maintains diplomatic relations with almost all countries and historically has served as an intermediary between other states. Switzerland is not a member of the European Union; the Swiss people have consistently rejected membership since the early 1990s. However, Switzerland does participate in the Schengen Area.
Document 3: 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 4: Switzerland: Switzerland joined the Council of Europe in 1963. In 1979 areas from the canton of Bern attained independence from the Bernese, forming the new canton of Jura. On 18 April 1999 the Swiss population and the cantons voted in favour of a completely revised federal constitution.In 2002 Switzerland became a full member of the United Nations, leaving the Vatican City as the last widely recognised state without full UN membership. Switzerland is a founding member of the EFTA, but is not a member of the European Economic Area. An application for membership in the European Union was sent in May 1992, but not advanced since the EEA was rejected in December 1992 when Switzerland was the only country to launch a referendum on the EEA. There have since been several referendums on the EU issue; due to opposition from the citizens, the membership application has been withdrawn. Nonetheless, Swiss law is gradually being adjusted to conform with that of the EU, and the government has signed a number of bilateral agreements with the European Union. Switzerland, together with Liechtenstein, has been completely surrounded by the EU since Austria's entry in 1995. On 5 June 2005, Swiss voters agreed by a 55% majority to join the Schengen treaty, a result that was regarded by EU commentators as a sign of support by Switzerland, a country that is traditionally perceived as independent and reluctant to enter supranational bodies.
Document 5: Switzerland: The establishment of the Swiss Confederation is traditionally dated to 1 August 1291, which is celebrated annually as the Swiss National Day. The country has a long history of armed neutrality—it has not been in a state of war internationally since 1815—and did not join the United Nations until 2002. Nevertheless, it pursues an active foreign policy and is frequently involved in peace-building processes around the world. In addition to being the birthplace of the Red Cross, Switzerland is home to numerous international organizations, including the second largest UN office. On the European level, it is a founding member of the European Free Trade Association, but notably it is not part of the European Union, nor the European Economic Area. However the country does participate in the Schengen Area and the EU's single market through a number of bilateral treaties.
Document 6: 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 7: 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 8: Switzerland: Switzerland's trade was blockaded by both the Allies and by the Axis. Economic cooperation and extension of credit to the Third Reich varied according to the perceived likelihood of invasion and the availability of other trading partners. Concessions reached a peak after a crucial rail link through Vichy France was severed in 1942, leaving Switzerland completely surrounded by the Axis. Over the course of the war, Switzerland interned over 300,000 refugees and the International Red Cross, based in Geneva, played an important part during the conflict. Strict immigration and asylum policies as well as the financial relationships with Nazi Germany raised controversy, but not until the end of the 20th century.
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: 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 11: 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 12: Switzerland: In 2002 Switzerland became a full member of the United Nations, leaving the Vatican City as the last widely recognised state without full UN membership. Switzerland is a founding member of the EFTA, but is not a member of the European Economic Area. An application for membership in the European Union was sent in May 1992, but not advanced since the EEA was rejected in December 1992 when Switzerland was the only country to launch a referendum on the EEA. There have since been several referenda on the EU issue; due to a mixed reaction from the population the membership application has been frozen. Nonetheless, Swiss law is gradually being adjusted to conform with that of the EU, and the government has signed a number of bilateral agreements with the European Union. Switzerland, together with Liechtenstein, has been completely surrounded by the EU since Austria's entry in 1995. On 5 June 2005, Swiss voters agreed by a 55% majority to join the Schengen treaty, a result that was regarded by EU commentators as a sign of support by Switzerland, a country that is traditionally perceived as independent and reluctant to enter supranational bodies.
Document 13: 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 14: Switzerland: The government has established an Integration Office under the Department of Foreign Affairs and the Department of Economic Affairs. To minimise the negative consequences of Switzerland's isolation from the rest of Europe, Bern and Brussels signed seven bilateral agreements to further liberalise trade ties. These agreements were signed in 1999 and took effect in 2001. This first series of bilateral agreements included the free movement of persons. A second series covering nine areas was signed in 2004 and has since been ratified, which includes the Schengen Treaty and the Dublin Convention besides others. They continue to discuss further areas for cooperation.
Document 15: Switzerland: A large number of international institutions have their seats in Switzerland, in part because of its policy of neutrality. Geneva is the birthplace of the Red Cross and Red Crescent Movement and the Geneva Conventions and, since 2006, hosts the United Nations Human Rights Council. Even though Switzerland is one of the most recent countries to have joined the United Nations, the Palace of Nations in Geneva is the second biggest centre for the United Nations after New York, and Switzerland was a founding member and home to the League of Nations.
ground_truth: The European Court of Justice
sub_queries: What have the Swiss people continually rejected membership in since the 1990's? Answer: European Union
Which court is the highest court in European Union ? Answer: The European Court of Justice