REFORMING THE EUROPEAN UNION JUDICIAL SYSTEM: SIMPLICITY OR COMPLEXITY?
REFORMING THE EUROPEAN UNION JUDICIAL SYSTEM: SIMPLICITY OR COMPLEXITY?
Author(s): Ivica JosifovićSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: Court of Justice of the EU; General Court; reforms; Lisbon Treaty
Summary/Abstract: 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 specilized court which operated within the CJE 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.
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: LVII/2018
- Issue No: 79
- Page Range: 71-88
- Page Count: 18
- Language: English