The Many-Faced Court: The Value of Participation in Annulment Proceedings
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The Many-Faced Court: The Value of Participation in Annulment Proceedings. / Krajewski, Michal Andrzej.
In: European Constitutional Law Review, Vol. 15, No. 2, 2019, p. 220-246.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - The Many-Faced Court: The Value of Participation in Annulment Proceedings
AU - Krajewski, Michal Andrzej
PY - 2019
Y1 - 2019
N2 - Reporting about their activities, the EU Courts attach great importance to the efficiency of judicial proceedings. Little is known however about how they strive at efficiency in practice; especially, how they strike a balance between procedural economy and the right of the parties to meaningful participation in judicial proceedings. Relying on empirical data, this article explores the rules of procedure and judicial practices relating to annulment proceedings brought by private applicants. It argues that following recent efficiency-oriented procedural reforms, the parties still enjoy broad opportunities for participation in the first instance annulment proceedings before the General Court, whereas the significance of party participation decreases when it comes to the appellate proceedings before the Court of Justice. Be that as it may, the EU judges have instruments to decide, in a fairly autonomously way, on the shape of EU judicial proceedings. The issue of procedural rights before the EU Courts, due to its close link to judicial legitimacy, should be further monitored.
AB - Reporting about their activities, the EU Courts attach great importance to the efficiency of judicial proceedings. Little is known however about how they strive at efficiency in practice; especially, how they strike a balance between procedural economy and the right of the parties to meaningful participation in judicial proceedings. Relying on empirical data, this article explores the rules of procedure and judicial practices relating to annulment proceedings brought by private applicants. It argues that following recent efficiency-oriented procedural reforms, the parties still enjoy broad opportunities for participation in the first instance annulment proceedings before the General Court, whereas the significance of party participation decreases when it comes to the appellate proceedings before the Court of Justice. Be that as it may, the EU judges have instruments to decide, in a fairly autonomously way, on the shape of EU judicial proceedings. The issue of procedural rights before the EU Courts, due to its close link to judicial legitimacy, should be further monitored.
KW - Faculty of Law
KW - European Court of Justice
KW - General Court
KW - EU procedural law
KW - procedural rights
KW - participation
KW - legitimacy
KW - judicial decision making
KW - fair trial
KW - process values
KW - procedural justice
KW - procedural fairness
KW - oral hearings
M3 - Journal article
VL - 15
SP - 220
EP - 246
JO - European Constitutional Law Review
JF - European Constitutional Law Review
SN - 1574-0196
IS - 2
ER -
ID: 238859785