EU Changes Rules for Appeals Before the Court of Justice
Under the change, a filtering mechanism will be used to screen appeals brought before the EU's Court of Justice so only those deemed deserving to be heard move forward.
April 09, 2019 at 01:58 PM
2 minute read
The European Union has agreed to changes designed to create more efficiency in the appeals process at the EU Court of Justice, which has seen a huge increase in the number of cases brought before it.
Under the change, a filtering mechanism will be used to screen appeals brought before the EU's Court of Justice, the supreme legal authority for EU law, so only those deemed deserving to be heard move forward.
The filtering mechanism will apply to appeals related to decisions taken by a number of EU agencies and bodies. Appeals brought in cases that have already been considered twice, first by an independent board of appeal, then by the General Court, will not be allowed to proceed before the Court of Justice unless it is demonstrated that they raise an issue “that is significant with respect to the unity, consistency or development of EU law.”
Statistics show that many such appeals end up being dismissed, according to the European Council.
“The Court of Justice is overburdened and must prioritise,” said George Ciamba, Romania's minister for EU affairs, who oversaw the change. “This decision will increase efficiency and enhance legal protection in the EU.”
The mechanism will apply to appeals relating to decisions by the European Union Intellectual Property Office, the Community Plant Variety Office, the European Chemicals Agency and the European Union Aviation Safety Agency.
The Court of Justice of the European Union, the supreme legal authority for EU law, is composed of two courts: the General Court and the Court of Justice. The General Court hears cases brought against the EU institutions by individuals and member states. The Court of Justice hears applications from national courts for preliminary rulings, annulment and appeals.
The EU's court has had to deal with an ever-increasing number of cases. It received 849 new cases in 2018—a record number. The court closed proceedings in 760 cases last year, which was also a record. The average period needed to close a case was 16 months.
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