Reforming the European Union Judicial System: Simplicity or Complexity

Josifovic, Ivica (2018) Reforming the European Union Judicial System: Simplicity or Complexity. Collection of papers - International Scientific Conference "Law in the context of addressing the challenges of the contemporary world" (79). pp. 71-88. ISSN 0350-8501


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With the entry into force of the Lisbon Treaty, the judicial system of the European Union sustained significant reforms. First of all, the European Court of Justice was renamed the Court of Justice of the European Union (CJEU). Further, under the Lisbon Treaty, the CJEU is comprised of the Court of Justice (CJ) and the General Court (GC). The EU Civil Service Tribunal (CST) was a specialized court which operated within the CJEU framework until 1st September 2016, when it ceased to exist. Hence, the Lisbon Treaty terminology itself is confusing. Originally set as a three-tier judicial structure, it may be said that the Court today functions as a one-layer structure with two courts. Changes have also been introduced in terms of the Court Statute, Rules of Procedure, Advocates-General, appointment of judges, the number of judges in the General Court, etc.These changes raised tensions, first between the Court of Justice and the General Court, and then between the Court of Justice and the European Parliament, as well as disagreement with the Council’s position. On the other hand, the General Court introduced important reforms that led to an impressive rise in the number of cases closed and reduced length of proceedings. This paper provides a critical review of these reforms, as it is difficult to assess the short-term and long-term implications. In the conclusion, several lessons and recommendations are given in order to improve the efficiency and effectiveness of the Court’s work.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Ivica Josifovik
Date Deposited: 07 Feb 2019 08:05
Last Modified: 07 Feb 2019 08:05

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