The New EU Judiciary. An Analysis of Current Judicial Reforms

The New EU Judiciary is the first book that offers a timely and thorough assessment of recent and ongoing changes to the operation of the European Union (EU) Judiciary, and it reflects on the future shape of the EU judicial system. The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most significant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader reflection on the changing role of the European Courts and the way they cope with old and new challenges. To this end, this book brings together junior and seasoned academics and practitioners to take stock of the various aspects of the reforms of the EU Judiciary and its overall functioning, from ‘comparative’, ‘insider’, and ‘outsider’ perspectives.

What’s in this book:
Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and transformations, including:

• a critical appraisal of the reform process and the role and powers of the CJEU;
• implications of the reforms for the Court of Justice and the General Court;
• lessons from the practice of the now dismantled Civil Service Tribunal;
• a reflection on the future Unified Patent Court;
• an evaluation of the role of the CJEU’s members and staffs and their selection;
• insiders’ perspectives into the workings of some repeat players (Legal Services of the European Commission, the European Parliament, and the parties’ lawyers);
• an assessment of the procedural reforms before the Court of Justice and the General Court with a specific focus on the urgent preliminary procedure (known as PPU);
• the unfolding and impact of the digital revolution (e-Curia) on the CJEU;
• the challenges of the languages regime and legal reasoning before the CJEU.

How this will help you:

As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. This book will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.

Editors

Contributors

CHAPTER 1
Introduction: The Dos and Don’ts of Judicial Reform in the European Union
Marie-Pierre Granger & Emmanuel Guinchard

PART I
The Comparative Context

CHAPTER 2
The European Court of Human Rights, The Perpetual Motion?
Jean-Paul Jacqué

CHAPTER 3
The French Constitutional Council: Another ‘Work-in-Progress’
Marie-Luce Paris

CHAPTER 4
The United Kingdom Supreme Court: A Study in Judicial Reform
James Lee

PART II
The Courts

CHAPTER 5
The Role and Powers of the Court of Justice of the European Union
Konstanze von Papp

CHAPTER 6
The Court of Justice in the Aftermath of Judicial Reform
Albertina Albors-Llorens

CHAPTER 7
The Changes to the General Court
Laurent Coutron

CHAPTER 8
The Civil Service Tribunal of the European Union: A Model to Follow as a Specialised Court?
Waltraud Hakenberg

CHAPTER 9
The Future Unified Patent Court
Ingve Björn Stjerna

PART III
The People

CHAPTER 10 Belonging to a Club That Accepts You as One of Its Members: Some Further Thoughts on the Modern Procedure for Selection and Appointment as Judge or Advocate General
Henri de Waele

CHAPTER 11
The Référendaires, the Chambers, Staffing and Recruitment Matters
Imola Streho

CHAPTER 12
The Legal Service of the Commission
Felix Ronkes Agerbeek

CHAPTER 13
The European Parliament and the European Court: Litigation and Other Interactions
Kieran Bradley

CHAPTER 14
The Parties’ Lawyers
Bertrand Wägenbaur

PART IV
Procedures, Practices and Cultures

CHAPTER 15
The Court of Justice’s New Statute and Rules of Procedure
Georgia Koutsoukou

CHAPTER 16
The General Court’s New Rules of Procedure
Paolo Biavati

CHAPTER 17
Special Procedure at the Court of Justice: A Focus on the PPU
Laure Clément-Wilz

CHAPTER 18
e-Curia or How Technology Changed the Court of Justice of the European Union
Francesco Contini

CHAPTER 19
Multilingualism and the European Court of Justice: Challenges, Reforms and the Position of English After Brexit
Mattias Derlén

CHAPTER 20
Legal Reasoning at the Court of Justice in the Context of the Treaty of Lisbon
Gerard Conway

CHAPTER 21
Conclusion: Sisyphus in Luxemburg
Emmanuel Guinchard & Marie-Pierre Granger

Index