TY - JOUR
T1 - Thinking justice outside the docket
T2 - A critical assessment of the reform of the Eu'S court system
AU - Alemanno, Alberto
AU - Pech, Laurent
N1 - Publisher Copyright:
© 2017 Kluwer Law International.
PY - 2017
Y1 - 2017
N2 - The 2015 reform of the EU's court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It doubles the number of General Court judges but also dissolves the Civil Service Tribunal. This article offers a critical assessment of these two major, structural changes, addressing both the process by which they were adopted and their overall merits. After providing a detailed examination of the reform's tortuous legislative history and highlighting its unique underlying procedural feature - with the Court itself initiating the process - this article identifies and systematizes its major shortcomings. It criticizes the underlying diagnosis and the cure administered. It concludes by presenting this reform process as a missed opportunity to address, in a more holistic manner, the pressing non-docket related challenges facing the EU judicial system, in particular, to reform a governance structure which is no longer fit for purpose considering the massive transformation of the EU judicial branch since 1951.
AB - The 2015 reform of the EU's court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It doubles the number of General Court judges but also dissolves the Civil Service Tribunal. This article offers a critical assessment of these two major, structural changes, addressing both the process by which they were adopted and their overall merits. After providing a detailed examination of the reform's tortuous legislative history and highlighting its unique underlying procedural feature - with the Court itself initiating the process - this article identifies and systematizes its major shortcomings. It criticizes the underlying diagnosis and the cure administered. It concludes by presenting this reform process as a missed opportunity to address, in a more holistic manner, the pressing non-docket related challenges facing the EU judicial system, in particular, to reform a governance structure which is no longer fit for purpose considering the massive transformation of the EU judicial branch since 1951.
UR - http://www.scopus.com/inward/record.url?scp=85018729024&partnerID=8YFLogxK
U2 - 10.54648/cola2017005
DO - 10.54648/cola2017005
M3 - Article
AN - SCOPUS:85018729024
SN - 0165-0750
VL - 54
SP - 129
EP - 175
JO - Common Market Law Review
JF - Common Market Law Review
IS - 1
ER -