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一般认为,欧盟法院(the court of Justice of European Community)作为欧洲联盟内的司法机关,其主要职能是审判欧洲联盟内各成员国之间以及各成员国同欧盟机构之间的法律纠纷。事实上这种认识是片面的。相对而言,欧盟法院更注目于对欧盟范围内的有关机构的行为进行司法审查,即对欧盟议会(the European parliament)、欧盟理事会(the EutopeanCouncil)、欧盟委员会(the EuropeanCommission)以及成员国(the member state)作出的法令进行司法审查。因此,在这方面,欧盟法院实际上起着与大陆法系的行政法院类似的作用。
It is generally accepted that the court of justice, the European Community, as the judiciary within the European Union, has the primary function of trying out legal disputes between the member countries of the European Union and between EU member states and EU institutions. In fact, this understanding is one-sided. In contrast, the EU Court of Justice focuses more on the judicial review of the conduct of relevant agencies within the EU, namely, the European parliament, the Eutopean Council, the European Commission and member states the member state. Therefore, in this respect, the EU courts actually play a similar role as the administrative courts of the civil law system.