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The New EU Judiciary. An Analysis of Current Judicial Reforms

The New EU Judiciary. An Analysis of Current Judicial Reforms

SKU:10059378-0001
Emmanuel Guinchard, Marie-Pierre Granger
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Price:
$165.00
Product Line
Kluwer Law International
Product SKU
10059378-0001
ISBN-13
9789041168344
Availability
Ships in 3-5 Business Days
Last Updated
2017-12-04

Overview

European Monograph Series


The New EU Judiciary is the first book that offers a timely and thorough assessment of recent and ongoing changes to the operation of the European Union (EU) Judiciary, and it reflects on the future shape of the EU judicial system. The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most significant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader reflection on the changing role of the European Courts and the way they cope with old and new challenges. To this end, this book brings together junior and seasoned academics and practitioners to take stock of the various aspects of the reforms of the EU Judiciary and its overall functioning, from ‘comparative’, ‘insider’, and ‘outsider’ perspectives.


What’s in this book:

Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and transformations, including:


  • a critical appraisal of the reform process and the role and powers of the CJEU;
  • implications of the reforms for the Court of Justice and the General Court;
  • lessons from the practice of the now dismantled Civil Service Tribunal;
  • a reflection on the future Unified Patent Court;
  • an evaluation of the role of the CJEU’s members and staffs and their selection;
  • insiders’ perspectives into the workings of some repeat players (Legal Services of the European Commission, the European Parliament, and the parties’ lawyers);
  • an assessment of the procedural reforms before the Court of Justice and the General Court with a specific focus on the urgent preliminary procedure (known as PPU);
  • the unfolding and impact of the digital revolution (e-Curia) on the CJEU;
  • the challenges of the languages regime and legal reasoning before the CJEU.


How this will help you:

As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. This book will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.

Table Of Contents

Editors


Contributors


CHAPTER 1

Introduction: The Dos and Don’ts of Judicial Reform in the European Union

Marie-Pierre Granger & Emmanuel Guinchard


PART I

The Comparative Context


CHAPTER 2

The European Court of Human Rights, The Perpetual Motion?

Jean-Paul Jacqué


CHAPTER 3

The French Constitutional Council: Another ‘Work-in-Progress’

Marie-Luce Paris


CHAPTER 4

The United Kingdom Supreme Court: A Study in Judicial Reform

James Lee


PART II

The Courts


CHAPTER 5

The Role and Powers of the Court of Justice of the European Union

Konstanze von Papp


CHAPTER 6

The Court of Justice in the Aftermath of Judicial Reform

Albertina Albors-Llorens


CHAPTER 7

The Changes to the General Court

Laurent Coutron


CHAPTER 8

The Civil Service Tribunal of the European Union: A Model to Follow as a Specialised Court?

Waltraud Hakenberg


CHAPTER 9

The Future Unified Patent Court

Ingve Björn Stjerna


PART III

The People


CHAPTER 10 Belonging to a Club That Accepts You as One of Its Members: Some Further Thoughts on the Modern Procedure for Selection and Appointment as Judge or Advocate General

Henri de Waele


CHAPTER 11

The Référendaires, the Chambers, Staffing and Recruitment Matters

Imola Streho


CHAPTER 12

The Legal Service of the Commission

Felix Ronkes Agerbeek


CHAPTER 13

The European Parliament and the European Court: Litigation and Other Interactions

Kieran Bradley


CHAPTER 14

The Parties’ Lawyers

Bertrand Wägenbaur


PART IV

Procedures, Practices and Cultures


CHAPTER 15

The Court of Justice’s New Statute and Rules of Procedure

Georgia Koutsoukou


CHAPTER 16

The General Court’s New Rules of Procedure

Paolo Biavati


CHAPTER 17

Special Procedure at the Court of Justice: A Focus on the PPU

Laure Clément-Wilz


CHAPTER 18

e-Curia or How Technology Changed the Court of Justice of the European Union

Francesco Contini


CHAPTER 19

Multilingualism and the European Court of Justice: Challenges, Reforms and the Position of English After Brexit

Mattias Derlén


CHAPTER 20

Legal Reasoning at the Court of Justice in the Context of the Treaty of Lisbon

Gerard Conway


CHAPTER 21

Conclusion: Sisyphus in Luxemburg

Emmanuel Guinchard & Marie-Pierre Granger


Index

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The New EU Judiciary. An Analysis of Current Judicial Reforms | Wolters Kluwer Legal & Regulatory