The functioning of the Community judicial system will shortly be affected by a number of important changes.
The commencement of the third stage of the Economic and Monetary Union, followed by the entry into force of the Treaty of Amsterdam and of certain conventions drawn up under the third pillar of the European Union (Justice and Home affairs), will give rise to an increase in the volume of cases brought before the Court of Justice and the Court of First Instance. In addition, the prospect of enlargement of the Union will necessitate a review of the provisions governing the composition and functioning of the institutions.
It therefore seems appropriate for consideration to be given to the future of the Community judicial system in general and to the working and composition of the Community courts in particular. That is the aim of the document prepared by the Court of Justice and the Court of First Instance.
In that document, the two Courts identify, at the outset, the problems which need to be resolved if they are to continue to perform their tasks effectively. Those problems principally relate to the increase in the volume of cases, the consequent lengthening of the time needed to deal with them and the congestion which may be expected to occur in the translation service of the institution.
Three possible solutions are outlined for consideration by the Council.
Firstly, the Court proposes measures which could be adopted immediately, by means of simple amendments to the Rules of Procedure, and which would enable cases to be dealt with more efficiently.
Thus, the Court advocates the introduction of an accelerated or simplified procedure for dealing with cases of a manifestly urgent nature. In addition, restrictions could be placed on the holding of hearings, with certain cases being dealt with on the basis of a written procedure alone.
In relation to the preliminary ruling procedure, by which national courts may seek from the Court of Justice answers to the problems encountered by them in applying Community law, the Court considers that it should be empowered to ask the national courts for clarification regarding the questions referred. In addition, it proposes, in all cases where the answer to the question referred is already apparent from its existing case-law, to rule more frequently by way of a simple order.
Secondly, the Court lists a number of reforms which, whilst not affecting the judicial system of the Community, involve nevertheless amendment of the rules applicable to the institution, as set out in the Treaties and Statutes.
In this regard, the Court emphasises, first of all, the need for it to be given the power to amend its own Rules of Procedure, so as to be able to adapt them to changes occurring in the factual and legal environment in which it operates.
It also suggests a mechanism for filtering appeals to the Court of Justice from decisions of the Court of First Instance. Such a filtering system could be applied, in particular, to cases which have already been the subject of an initial review even before being referred to the Court of First Instance, as in the case of Community trade mark proceedings. In addition, changes could be made to the handling of European Community staff cases, in particular, by setting up interinstitutional chambers.
Finally, it draws attention to the link between an increase in the number of its judges in any future enlargement of the Community and the need to ensure that the Court continues to function effectively. Any significant increase in the number of judges might mean that the plenary session of the Court would cross the invisible boundary between a collegiate court and a deliberative assembly. Such a development could pose a threat to the consistency of the case-law. If the number of judges were to greatly exceed fifteen, the Court itself would need to adopt suitable organisational measures with a view to eliminating that threat.
Furthermore, the Court examines the future of the judicial system from a general perspective, putting forward a number of broader ideas for consideration by the next intergovernmental conference.
As regards the long-term future of the preliminary ruling system, the Court emphasises that all national courts, regardless of their status, should retain the power to refer questions to it for a preliminary ruling. However, it suggests the introduction of a filtering system which would enable it to decide the questions which need to be answered at Community level on the basis of their complexity or importance.
Finally, the Court considers the potential advantages and drawbacks arising from a "decentralisation" of the preliminary ruling procedure. This would involve setting up, in each Member State, judicial bodies having either Community or national status, with responsibility for dealing with references for preliminary rulings from courts within their territorial jurisdiction.
At the request of the German Presidency of the Council, the above proposals and ideas were presented in their entirety by the President of the Court of Justice, Mr G.C. Rodríguez Iglesias, to the Ministers of Justice meeting within the Council in Brussels on 27 and 28 May 1999.
This release is an unofficial document issued for use by the media and is not binding on the Court of Justice.
It is available in all the official languages on the Court's Internet website at the following address: www.curia.eu.int.
For additional information, please contact Fionnuala Connolly, Tel: (00 352) 4303 3355.