Judging the nations

The European Court of Justice is not only the final tribunal for EU citizens, it also rules on member states’ transposition of EU law. Alan Osborn looks at its role in harmonizing money laundering legislation across the Community.

Both the strengths and the weaknesses of the European Court of Justice (ECJ) in the anti-money laundering field derive from its role as the supreme interpreter of European Union (EU) law and its responsibility for applying that law consistently through the Union. There is no appeal against ECJ rulings, and no recourse to a higher authority. But this only applies to EU laws – in other words, the slew of legislation that the EU member states have agreed between themselves to serve as the juridical underpinning of the Union and which is binding on all 27 member states. The ECJ is not concerned with national legislation (except in cases where there is an EU law also involved that has to be interpreted) and it is not possible to appeal the decisions of national courts to the ECJ.