Brussels, 20/07/2011 (Agence Europe) - The General Affairs Council held an initial exchange of views on Monday 18 July on the proposals by the president of the European Court of Justice, M.V.Skouris. These proposals intend to make legal entities more efficient and to limit the length of time of procedures by reducing the backlog of legal cases. He has called on the Permanent Representatives Committee to supervise technical work in this connection in light of the results of his discussions to facilitate an early agreement.
The legal basis of this reform is contained in Article 281 of the TFEU, which allows for the statutes of the ECJ to be amended by the EP and the Council on proposals put forward by the Commission or requests made by the ECJ itself, which is the case in this example.
By calling for this reform, the ECJ is underlining the increasing workload involving legal procedures, particularly after the most recent rounds of enlargement and the entry into force of the Lisbon Treaty. Although progress has been accomplished over recent years in reducing the average time spent on procedures, the ECJ would like to prevent an increase in the legal backlog by simplifying procedures applicable to cases brought to it and by adapting its procedural regulation to jurisprudence and current practices in force, in an effort to make it more transparent.
The amendments that it is proposing involve three legal bodies (the ECJ itself, the General Court of the EU and the European Union Civil Service Tribunal) and mainly aim to:
- amend the rules on the composition of the Grand Chamber. In an effort to reduce the currently very heavy workload of the president of the ECJ and the presidents of the five-judge chambers and increase participation of all judges in the decision-making at the grand chamber, it is proposing: - to increase the number of judges who can participate in this body and to get rid of systematic participation of the presidents of the five-judge chambers by adapting themselves on the basis of the quorum of the grand chamber and the plenary assembly; - to officially create the role of ECJ vice-president, who, together with the president, will be involved in decisions affecting all cases sent to the grand chamber and who will assist him in performing his role.
- increase from 27 to 39 the number of judges at the General Court, in an effort to reduce procedural backlogs and reduce legal backlogs at this legal body. An official note also illustrates that this situation is difficult to maintain at a judicial level due to the structural problems and the gradual expansion of the General Court's remit since its creation, as well as the increase and diversification of legislative and regulatory activities of these institutions and bodies and the continuous increase and complexity of the dossiers managed by the General Court, particularly in the field of competition and state aid.
- provide for the possibility of assisting judges in an interim period through the EU Civil Service Tribunal. The latter currently has only seven judges and its task can be carried out during the temporary absence of one of these bodies or by several of them. This amendment is expected to be the subject of a different regulation in an effort to maintain the homogenous nature of its status. (F.G./transl.fl)