The 2015 reform of the European Union's judicial architecture, which included doubling the number of judges at the EU’s General Court in three phases, is beginning to bear fruit, says the EU Court of Justice in a report published at the end of December.
Cautioning against the lack of hindsight and disruption caused by the Covid-19 pandemic, the Court identifies “the following trends: - a significant reduction in the length of proceeding; - more frequent referral of cases to expanded trial formations.”
To further improve the procedures, the Court suggests ways of improving the manner in which cases are assigned (e.g. creating new specialised chambers), the formation of the judgment (e.g. providing for the automatic devolution to a chamber of five judges in complex cases such as those relating to competition and State aid; stepping up the use of the Grand Chamber or an intermediate chamber in the event of divergences in case-law between the chambers of the Court of First Instance or where the case involves particularly high stakes) and the sound management of the procedure (e.g. systematic, early and centralised examination of the possibility of dismissing an appeal).
On the other hand, “a redefinition of the division of jurisdictional powers between the Court of Justice and the General Court is not necessary at the present time”, according to the authors, who advocate waiting until the reform has produced its full effects.
Moreover, despite the objective set by the reform, the authors note a trend towards greater respect for gender parity in judicial appointments. “However, the current composition of the General Court does not fulfil this objective”, they say, while stressing that any appointment of Judges and Advocates General falls within the competence of the Member States.
See report in French: https://bit.ly/3oe9GH8 (Original version in French by Mathieu Bion)