Jurisdiction of The European Court of Justice
The European Court of Justice only had jurisdiction to make preliminary rulings on the interpretation of framework decisions when a member state made a declaration under the (pre-Lisbon) Treaty on European Union indicating the circumstances in which the Court could exercise such a jurisdiction. All member states except Ireland and the United Kingdom made such a declaration.
The European Commission could not bring enforcement proceedings against member states for failing to implement a framework decision or for implementing it incorrectly. Although the Court did have jurisdiction to resolve disagreements between member states concerning the interpretation of framework decisions and to hear annulment proceedings regarding their validity.
As of the coming into force of the Lisbon Treaty the status quo ante regarding preliminary rulings and enforcement proceedings were preserved for a transitional period of five years although this transitional period ceases to apply to a framework decision which has been amended after the Lisbon's coming into force. After the transitional period expires on 30 November 2014, preliminary rulings and enforcement proceedings will become possible.
Read more about this topic: Framework Decision
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