Courts of Justice

“The Future of the European Convention on Human Rights after the Brighton Conference” by Antonio Bultrini, IAI Working Papers, 23 September 2012

It is widely recognized that the European Convention on Human Rights has led to the most advanced human rights protection system to date - and represents an important benchmark for several other international bodies. The individual right of application to the European Court, which unlike other human rights treaties is compulsory for State parties, is a unique feature and pillar of the system. However, the European Court is presently overwhelmed by an abnormal caseload: about 150,000 applications are currently pending in Strasbourg. Recent reforms have increased the Court’s efficiency. Yet the British Government has just tried to promote a new reform of the system. This attempt was not entirely disinterested and has led to an unprecedented mobilization by international civil society. The British move has nonetheless triggered a debate on the real challenges facing the European system.

Please read the entire working paper here.

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‘The Rule of Law in the EU: Understandings, Development and Challenges’ by Leonhard den Hertog, Acta Juridica Hungarica, September 2012

This article examines the development and particular nature of the rule of law in the European Union against the background of the wider legal and political theoretical debate on the principle. It hence analyses the case law of the Court of Justice of the EU and the Treaty revisions on the rule of law. It argues that the principle has developed greatly since the first mention of it in the case law of the Court and contends that the principle has a particular focus in the EU on judicial protection in light of human rights. Nonetheless it is hard to apply the dichotomies running through the debates in legal and political theory to the development of the principle in the EU; an idiosyncratic mix of features seems to emerge. Moreover, this article also takes the case study of the external dimension of migration control to assess the current challenges to the rule of law in the EU. It thereby uncovers ways of working in the EU that are hard to reconcile with the rule of law requirements.

Please find more information on this journal article here.

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Two final commentaries on the reform of the EU courts

The reform of the EU courts

Texte EN - JV avec en-tête TEPSA

Last year, the Court of Justice has proposed to add twelve new judges (and cabinets) to the General Court, to eliminate its growing backlog. This is the first implementation of the new provisions of the Lisbon Treaty, which has submitted most of the Statute of the Court of Justice of the European Union to the ordinary legislative procedure. The TEPSA/EGMONT comment aims at observing the next context of judicial activities at the EU level and at analyzing the available options and the various possibilities to reduce the growth of costs in the EU courts’ system.

Different contributions will be made in that context. The first ones come from Franklin Dehousse and Jean-Victor Louis. Franklin Dehousse is Professor of European Law (in abeyance) and Judge at the General Court since October 2003. This publication is written on his personal title and does not represent the views of the General Court. Jean-Victor Louis is Emeritus Professor of European Law at the University of Bruxelles and former Secretary General of TEPSA.

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Two commentaries on the reform of the EU courts, December 2011

In 2011, the Court of Justice has proposed this year to add twelve new judges (and cabinets) to the General Court, to eliminate its growing backlog. This is the first implementation of the new provisions of the Lisbon Treaty, which has submitted most of the Statute of the Court of Justice of the European Union to the ordinary legislative procedure. The TEPSA/EGMONT comment aims at observing the next context of judicial activities at the EU level and at analyzing the available options and the various possibilities to reduce the growth of costs in the EU courts’ system.

Please read here the commentary of Franklin Dehousse

The reform of the EU courts

and here the commentary of Jean-Victor Louis

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Seminar on the Reform of the Court of Justice of the European Union: Structural reforms and new patterns of management, 14 May 2012

Organised by the Institut d’Etudes Européennes de l’Université libre de Bruxelles and the Trans European Policy Studies Association (TEPSA), from 1:00 p.m. to 5:00 p.m., Spaak room, Institute of European Studies – ULB, 39, Avenue Franklin Roosevelt, 1050 Brussels, Belgium.

The reform of the Court of Justice of the European Union is a recurrent issue. Successive revisions of the Treaties and the Rules of Procedure reforms attempted over time to solve the problems posed by the gradual increase of the number of cases. Today the increasing number of members of the Tribunal is being considered. It seems that the time has come to resume discussions on this subject. It must be especially assessed whether structural reforms are the only possible answers. There has been little discussion on possible solutions for future reform of the management of the Court.The work will be introduced by the presentations of Professors Franklin Dehousse, Judge of the Court, and Jean-Victor Louis and followed by discussions with a panel of practitioners and academics.

The seminar addresses all academics, practitioners and students. Please note that the working language of the seminar will be French. Registration is required through the online form via this link: http://www.iee-ulb.eu/events/view/49

More Information About TEPSA Past Events, TEPSA-date Tagged With: Courts of Justice

Seminar on “The role of the EUCJ in EU integration after Lisbon”,TEPSA/CERE, Brussels, 6 May 2011

On the 6th of May 2011, TEPSA and the Centre d’études et de recherches européennes Robert Schuman (CERE) held a TEPSA/CERE seminar on “The role of the European Union Court of Justice in EU integration after the Treaty of Lisbon.” The seminar took place in the European Union Court of Justice in Luxembourg. Distinguished EUCJ judges and academics discussed this issue in three panels: “the Court of Justice as EU legislator;” “the role of the EUCJ in Justice and Home Affairs after Lisbon;” and “the contribution of EUCJ to the development of European citizenship.”

A report of the conference is available here.