part vi • european legal integration • nina-louisa arold lorenz directly binding and enforceable judgements is much greater.26 TheCJEU is not a classic human rights court (and does not wish to be one), but human rights are part of several functions, as this quote recalls: ‘[The CJEU] is no human rights court, only in extraordinary circumstances will human rights be invoked but in core it is anEUcourt’.27 The CJEUwas set up to ensure the uniform application of EUlaw and is geared towards questions of commerce and the common market, although human rights are an important part of EUlaw, both as the logic in case lawdevelopment and the binding Charter of Fundamental Rights.28 An increase in human rights topics appears to be due to the demand from (European) citizen. ‘I think first of all that there is a change in the arguments presented to us. In most cases the human rights question or argument is brought by the parties or the intervening parties and is not ex officio brought up by the court itself.’29 CJEUcase law is in dialogue withECtHRrulings, and together they form a pan-European human rights landscape.30 In analysing the two courts’ legal cultures, we now turn to how the judges and advocates general perceive the impacts on decision-making, and how they describe the ideas, values, attitudes, and beliefs found in the courts.31 These individual insights are complemented by a look at the case law. 26 See European Court of Justice, Annual Report Judicial Activity 2018, p. 11, accessible at < https://curia.europa.eu/jcms/uploand/docs/application/pdf/2019-04/_ra_2018_en.pdf> (visited 29 August 2019). Compared to the 741 new cases and 570 closed cases in 2007, the number of requests has increased, as has the throughput. 27 See Arold Lorenz et al. 2013, 152. 28 Individuals cannot directly lodge their claim with the CJEU; it must go to the General Court. Questions concerning human rights, however, can be part of a question for reference (interpretation of the treaties) from a national court, see Arold Lorenz et al. 2013, 19 ff. 29 Ibid. 152. 30 Ibid. 128 ff. 31 For details, Arold 2007, ch. 4 at 67 ff.; Arold Lorenz et al. 2013, ch. 3 at 105 ff. 306
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