FOREWORD: EFFECTIVE JUDICIAL PROTECTION - COURT OF JUSTICE - REFORM

In favour an effective judicial protection: A reminder of the 1988 objectives of the General Court of the EU

The workload of the General Court requires it to change its operational structure. The Court of Justice proposes to double the number of judges at the General Court so as to allow each Member State to nominate two judges. This is a radical proposal that does not necessarily correlate to the projections of the General Court’s future workload and would also lead to the dismantlement of the Civil Service Tribunal. Even so, it may be an answer to the woes of the General Court, provided that adequate measures are taken to ensure effective judicial control, particularly in (quasi) criminal cases. [1]

The General Court of the European Union celebrates this year its 25th anniversary. The reasons for its creation are found in the preamble of European Council Decision 591/1988 of 24 October 1988 establishing a Court of First Instance of the European Communities (JO 1988, L 319/1). These reasons refer to the need to maintain and guarantee the efficiency of judicial review in the Community legal order by, on the one hand, discharging the Court of Justice of having to deal with complex and time-consuming cases so that the latter could focus on its fundamental role, which is to ensure a uniform interpretation of EU law, and, on the other hand, establishing a two-fold judicial review for cases requiring an in-depth factual analysis. The Council Decision aimed thereby to deal with the

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  • General Court of the European Union (Luxembourg)

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Marc van der Woude, In favour an effective judicial protection: A reminder of the 1988 objectives of the General Court of the EU, December 2014, Concurrences N° 4-2014, Art. N° 69389, pp. 9-12

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