A | Activity of the Institution in 2022
On 4 December 1952, the first Members of the Court of Justice of the European Coal and Steel Community (ECSC) took their oaths in one of the four official languages of the ECSC.
Alfredo Calot Escobar
Registrar of the Court of Justice
The Registrar of the Court of Justice, the Secretary-General of the Institution, oversees the administrative departments under the authority of the President.
On 4 December 1952, the first Members of the Court of Justice of the European Coal and Steel Community (ECSC) took their oaths in one of the four official languages of the ECSC. Nine Members, comprising seven Judges and two Advocates General, representing the judicial cultures of each Member State so as to ensure a rich dialogue between their traditions, a Registry dedicated to the effective functioning of the Court, a language service guaranteeing access to justice at European level free from linguistic barriers, and an administration ensuring the proper use of public funds available to the judicial authority of the ECSC: in broad terms, that was the Court in its earliest days.
70 years later, the Court is able to look back on the path it has travelled with pride at having managed to move with the times without ever abandoning its founding values.
Now more than ever, when the Court has handed down more than 43 000 decisions since its creation, it is the answer to the question of how we can best support the judicial activity of the Institution that continues to set the course for all of its services.
In that regard, 2022 will have been an important year for setting in motion one of the Court’s key projects, namely the implementation of an integrated case management system which will ultimately allow the courts to operate via an entirely digital, secure and integrated workflow from the moment a case is lodged all the way through to when the decision is delivered. That project, the essential aim of which is to promote timely justice of the highest quality, will be completed in 2024 after several years of close cooperation between the courts, registries and services. It will be a major step in the process of digitising judicial activity, which commenced a number of years ago with the development of the e-Curia tool, and will be further evidence – if such evidence is necessary – that increased recourse to technological innovation is the key to efficiency and progress.
At the same time, other strategic objectives have continued to feed into the Institution’s work plan. In this context, significant projects were commenced in 2022, some of which undeniably echo the guiding principles which have steered the Institution’s actions since its creation.
Those principles have, for the past seven decades, included finding members of staff with the best skills and the highest level of professionalism from each and every Member State. Multilingual, highly qualified and fully committed to the service of building a European Union founded on justice, it is they who are at the heart of the project of developing and retaining talent put in place by the Institution. With that in mind, in 2022 the Court launched a comprehensive initiative to increase accessibility and inclusion, with the aim of promoting the recruitment, integration and development of colleagues with a disability and, by doing so, allowing everyone to make best use of their skills. That initiative, involving the participation of the whole Institution, also aspires to guarantee access to the Court of Justice of the European Union, physically or virtually, to all individuals, participants in proceedings and visitors.
The desire not only to continue to listen to citizens, but also to bring the Institution closer to the wider public, has for many years influenced its communication and information policy. In this anniversary year, a number of initiatives have reinforced this proximity, such as the pilot project of streaming hearings on the internet, as outlined below. Building on the extensive experience gained during the pandemic, the Institution also made permanent the remote visits programme for secondary school students of Member States, which allows them to visit the Institution’s buildings, attend presentations and talk to a Member of the Institution, in their language, without leaving the classroom. This fascinating initiative, in which several hundred students have already participated in various Member States, gives young people who have until now been prevented from visiting the Court, whether owing to distance, financial reasons or travel difficulties, new opportunities to visit us and better understand the role of the European Union’s judicial authority.
As is the case every year, the list of projects completed in 2022 is as rich as it is varied, making it easy to continue citing other projects. Nevertheless, it is not the year’s achievements which best reflect the culture and values of an organisation, but rather its ability to assume its responsibility in the troubling times Europe is currently experiencing.
In that regard, the Court has fully embraced its role by welcoming the Supreme Court of Ukraine in order to promote peaceful and progressive justice, by exceptionally opening its Main Courtroom to celebrate – in the time needed for a theatre performance – the memory of judges who gave their lives to uphold the rule of law, as referred to constantly in our case-law, by having recourse to all technology available to connect with those far away, and by working to ensure that everyone can find his or her place and can develop within the Institution with a view to equality and inclusion.
In 2022, while, in the Court as elsewhere, the heating and lighting were turned down to reduce energy consumption, the flame burning at the heart of our mission has never shone brighter!
Alfredo Calot Escobar
Registrar of the Court of Justice
B | Key events of the year
70 years of the Court of Justice of the European Union: looking back on an anniversary year
‘Bringing justice closer to the citizen’
The Institution celebrated its 70th anniversary throughout 2022, a year themed around ‘Bringing justice closer to the citizen’. The celebrations showcase the road travelled since the first stone was laid, by the founding fathers of the European Coal and Steel Community (ECSC) in 1952, at the very early stages of European integration. The judicial institution has navigated years and eras, overcoming the challenges it encountered, in order to blow out the 70th candle on its anniversary cake. The succession of Treaties, the creation of the General Court in 1989, the delegation of new areas of jurisdiction, the successive enlargements and indeed Brexit, the gradual increase in the number of official languages and of Advocates General, the doubling of the number of Judges at the General Court … so many events that have been milestones along that road and have accompanied the Court in the performance of its mission: to guarantee compliance with EU law and ensure that it is interpreted and applied uniformly. Before looking ahead to the future, let’s look back to the main events that occurred in the course of this special year.
At the start of the year, the President unveiled the 70th anniversary logo, which appeared for the first time in the Court’s insignia. As the symbol of this anniversary year, it will appear on all the year’s publications. It was affixed to the building and is visible from the centre of Luxembourg City, so as to attract the attention of citizens. During the Open Days, visitors were able to send postcards containing the abovementioned logo to the four corners of the European Union to let their friends and family know about their involvement in this celebratory event.
An information campaign was run on Twitter, to raise awareness amongst citizens about the Institution’s history and its activities. 70 tweets provided an overview of the Court from 1952 to the present day for our 146 000 followers.
Continuing a decades-long tradition, and following on from the stamps issued for the inauguration of the Palais in 1973, the Court’s 35th anniversary in 1987, its 50th anniversary in 2002 and its 60th anniversary in 2012, the Luxembourg postal service has commemorated the Institution’s 70th anniversary with a stamp. On a different note entirely, a special edition of a book about the history of the Court has been published: it will allow information about our institution to be shared during official visits and formal receptions. An edition will be made available to the public in 2023.
The highlight of the celebrations came in early December: at a Special Meeting of Judges, the Court gathered together the presidents of the constitutional and supreme courts of the Member States, the European Court of Human Rights and the European Free Trade Association Court. This important annual event, which was held in a special format in 2022, is an opportunity for discussions between the Judges and Advocates General of the Court and the judicial officers of all the Member States with the aim of promoting judicial dialogue. Focussed on the theme of ‘Bringing justice closer to the citizen’, the meeting was opened by the premiere screening in the Main Courtroom of a film commemorating the Court’s 70th anniversary, tracing its history and its role in the construction of the European legal order. The film, which can be viewed by the general public and was produced internally by the Court, sees the involvement of Members of the Court of Justice and of the General Court as well as representatives from the world of academia, and is illustrated throughout using archive footage.
For the formal hearing on 6 December, the Court welcomed H.R.H. Prince Guillaume, the Hereditary Grand Duke of Luxembourg, as well as Mr Othmar Karas, First Vice-President of the European Parliament, Mr Michal Šalomoun, Minister for Legislation and Chairman of the Legislative Council of the Government of the Czech Republic, Ms Věra Jourová, Vice-President of the European Commission, and Ms Sam Tanson, Minister for Culture and Justice of the Grand Duchy of Luxembourg.
Bâtisseurs d’Europe (Builders of Europe): young people honoured at the Court
The 70th anniversary celebrations concluded on 6 December with the ‘Bâtisseurs d’Europe’ (Builders of Europe) conference, a special meeting between senior EU officials and young Europeans.
‘Welcome to your home, your Court of Justice!’
Those were the opening words spoken by President Koen Lenaerts to the 240 secondary school students from 10 Member States present in the Main Courtroom and attending the conference remotely, before he turned to the role of the Court and its impact on the day-to-day lives of citizens. President Lenaerts, Mr Othmar Karas and Ms Věra Jourová each spoke about their career paths and their duties at their respective institution, stressing the importance of their different backgrounds, a reflection of a Europe united in diversity: ‘A man from a different background, of a different religion or with different views can be just as right as me’, said Mr Karas. For her part, Ms Jourová reminded the young students that values such as democracy and the rule of law have not always been guaranteed: she thus spoke of her earliest abiding childhood memories – the arrival of Soviet tanks during the Prague Spring in 1968.
Mr Lenaerts, Mr Karas and Ms Jourová then took part in a Q&A session with the young guests. The advantages of European integration, the quest by countries of Eastern Europe to join the European Union, the greatest challenges facing the EU, action taken by the EU whenever its law and its values continue to be disregarded, the various criticisms made of the EU and the growth of Euroscepticism, global warming and discrimination on grounds of gender or sexual orientation. So many issues on which the young visitors asked the speakers to set out their views.
As an epilogue, President Lenaerts reminded the students of the words spoken by Robert Schuman: ‘Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity’. At the end of the meeting, the students expressed their enjoyment at having had the opportunity to interact with senior EU representatives.
‘I think it’s really inspiring to see that we have the opportunity to get involved and to put questions to top officials!’
‘Our school had the privilege of putting questions to important figures within the European institutions: I wasn’t a spectator, I was a participant in the conference.’
Streaming of hearings: one step further in bringing the Court closer to citizens
Adopting a modernised approach to the principle of the transparency and publicity of hearings, the Court of Justice has this year begun offering a streaming service for hearings on the CVRIA website, as part of a pilot project. The Court hopes, through this new service, to bring the Institution closer to the citizens of the European Union. The service, which was established in April 2022, allows people who are unable to travel to Luxembourg for whatever reason (cost, distance, difficulty with travelling) to follow hearings of the Grand Chamber of the Court of Justice just as if they were physically present. Since multilingualism lies at the heart of how the Institution operates, citizens can follow the discussions in the language of their choice, by selecting the relevant interpretation channel in the streaming session.
In order to guarantee the serenity of the proceedings and anticipate any technical difficulties, hearings are not broadcast live, but rather as delayed broadcasts. Hearings held in the morning are thus broadcast in the afternoon, whilst afternoon hearings are available the following morning. However, the delivery of judgments of the Court of Justice and the reading of Opinions of the Advocates General are broadcast live. To help viewers understand the case, a short, multilingual video presented by a press officer and explaining the case is shown on screen just before the hearing is broadcast.
Sébastien Servais
Head of Multimedia
‘Although the decision to establish the streaming service is quite recent, our team has been preparing for it for a number of years. The main challenge that we encountered on launching the service was primarily technical, because we needed a lot of IT equipment and changes had to be made at the very heart of our conference systems, in particular to ensure respect for multilingualism. Other aspects required lots of attention too: the use of images during the hearings, various issues concerning the integrity of the hearing itself, as well as the protection of the personal data of the participants. Very special attention was devoted to the quality of the camerawork and the management of the cameras, in order to broadcast a high-quality picture. This streaming service will be gradually supplemented by new external means of communication that will allow for greater visibility of the work of our institution, whilst retaining maximum transparency for citizens. This is likely only a first stage, but the first step is undoubtedly always the most difficult to take.’
Tina Omahen
interpreter
‘After having to adjust to major changes to their profession as a result of the health crisis, interpreters were faced with another new challenge: dubbing the short videos presented before the hearings broadcast via the streaming service. Unlike interpreting, dubbing requires almost perfect synchronisation with the speaker. In addition to having to adjust our normal delivery technique to that new requirement, we also had to become familiar with new recording tools. For some colleagues, who mainly use handwritten documents in their preparations, going digital proved to be a challenge. However, after a few teething problems, we have now developed a robust routine for carrying out this new task.’
Marc-André Gaudissart
Deputy Registrar of the Court of Justice
‘While there had been calls for hearings to be broadcast online for several years, in particular by journalists, academics and parliamentarians, such a service had still not been launched by the Court of Justice or the General Court not only for reasons connected with managing the discussions and ensuring the smooth conduct of hearings but also because of technical and linguistic constraints, since broadcasting a multilingual hearing without simultaneous interpretation is of little use to EU citizens. But that was before the health crisis …
Thanks to the considerable efforts made by the Court over that period, in particular to allow the parties, who in some cases were subject to very strict travel restrictions, to participate remotely in hearings held in Luxembourg, the Court acquired the necessary technology which now enables it to broadcast its hearings on the internet. At this stage, only hearings of the Grand Chamber of the Court of Justice are covered by that development. Nevertheless, it represents a significant step towards greater transparency for citizens in matters of justice, as well as undeniable progress for the national courts and tribunals which have referred questions to the Court of Justice regarding the interpretation or the validity of EU law and are now able to follow remotely the discussions prompted by those questions at the hearing and, therefore, are better able to grasp the scope of the answers given by the Court of Justice. This is a significant advantage at a time when the values and the very foundations of the European project itself are sometimes challenged.’
Theatrical performance in the Court’s Main Courtroom
The last summer – Falcone and Borsellino thirty years on
In memory of the 30th anniversary of the assassination of the Italian judges Giovanni Falcone and Paolo Borsellino, the Main Courtroom of the Court of Justice was transformed into a stage for the performance of Claudio Fava’s play L’Ultima estate – Falcone e Borsellino trent’anni dopo, directed by Chiara Callegari and attended by President Lenaerts and a number of prominent figures. Claudio Fava is a journalist and writer, a former Italian parliamentarian and Member of the European Parliament, and current President of the Anti-Mafia Commission for the Sicily Region. His play charts the last two months of the lives of two Italian judges in the 1990s.
A desk, two chairs and a filing cabinet in a minimalist set: what the director, Ms Callegari, wanted to convey was the importance of the commitment to a common cause and the need to remain vigilant to the danger that continues to be posed today by threats to the rule of law and economic crime that knows no borders. The arts create a space within which the audience’s emotions can be corralled and their awareness of the values of justice raised. The Court thereby underlined the importance of the duty of remembrance and showcased its desire to pay tribute to these Italian judges who were so committed to upholding the rule of law.
Chiara Callegari, Simone Luglio and Giovanni Santangelo
‘The play “L’Ultima estate – Falcone e Borsellino trent’anni dopo” tells a unique story about two Italian judges who were passionate about combating the mafia. It was written in 2021, during a period of great uncertainty for mankind, in which the peoples all across the world were fighting a common foe. Faced with such uncertainty, it was both strange and difficult to think about bringing to the stage the lives of these two men who had to stand alone in fighting the mafia, a monster that knew no limits. Honouring those men in a setting such as the Court of Justice of the European Union was a privilege.
In order to tell stories, an actor needs a public. At the Court, not only did we have a large audience – both physically present and via streaming – we also had a stage which, by its very nature and its role, represents the voice of all the citizens of Europe.
That setting lent our play perspective and elevated our performance to a whole new level. The weight of the words spoken by the actors changed and took on a new dimension. We had to contend with the fact of being the first to take to the stage inside the Court, which had become a theatre for the day.
The play was introduced by the President of the Court, Mr Koen Lenaerts, followed by the Italian Minister for Justice, Ms Marta Cartabia. And then it was our turn to speak! Faced with the challenge of presenting such a poignant work in such a highly symbolic place of justice, we really did have to hold our nerve.
“The day was set, a Saturday in May …”. Those words rang out in the silence of the Main Courtroom and our tale of the human story of two servants of justice began.
We are left today with our memories of the warm welcome shown to us, the readiness and the skills of the organisers and technical teams, and the shared enthusiasm that prevailed in this wonderful cathedral to EU law.’
C | Public relations
The Communications Directorate’s press officers, who are lawyers by training, have the task of explaining judgments, orders and legal opinions, as well as ongoing cases, to journalists in all the Member States and to their various correspondents. It is the press officers’ responsibility to organise events and information materials intended for such professionals and to which those professionals can subscribe.
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2022, a year focussed on ‘Bringing justice closer to the citizen’, witnessed a strengthening of dialogue between legal professionals and the general public. As in previous years, the use of information technology, whether as part of the new remote visits programme or via social media, remains a key tool for enhancing the accessibility and the transparency of the Court’s activities, in particular for civil society. The 70th anniversary was the opportunity to shed light on one of the Court’s core values: to place itself at the service of citizens and of a European Union based on law.
2022 saw the gradual return of visitors thanks to the gradual lifting of the restrictions imposed as a result of the pandemic.
After two years of no gatherings, a first Open Day was organised at the Court on 9 May, on the occasion of Europe Day. During this event, at the place where the Court has its seat, guided visits in several languages explaining the Institution’s activities were held for visitors who had registered in advance: the role of the Court of Justice and of the General Court, the ‘lifecycle’ of a case, the conference room and the Main Courtroom were all revealed to the public. At the same time, in Esch-sur-Alzette, the 2022 European Capital of Culture, the Court set up its stand on a beautiful spring day. A team made up of staff and Members of the Court went out to meet members of the public to promote and explain the role of the EU’s judicial institution. On 8 October, the Court decided to open its doors once more, this time for an event on a larger scale than in the spring. The Institution’s services and a number of professions were celebrated. In total, more than 2 700 people took advantage of this unique opportunity to explore inside the Court.
Over the course of the year, the Institution published 216 press releases on the CVRIA website to inform journalists and legal practitioners of the decisions of the Court of Justice and the General Court in real time, as soon as they were delivered. Taking into account all the language versions available on the website, 2 856 press releases were sent to correspondents in the Member States.
Press officers also distributed to their correspondents, primarily journalists but also legal professionals, 551 information letters and 568 ‘Info-rapid’ bulletins concerning cases that were not covered by press releases. Over 10 000 emails and almost 5 000 telephone calls regarding requests for information from citizens were also dealt with in 2022 (in the language of each individual who contacted the Court).
The Institution made increased use of social media to inform the general public with its two Twitter accounts (one in French, the other in English), which have in total 146 000 followers. 1 868 tweets were sent in 2022, double the previous year, and were mainly devoted to the most important judgments delivered by the Court of Justice and the General Court and the main events in the life of the Institution. A campaign was run on Twitter to cover the 70th anniversary celebrations: followers were thus able to discover the history of the Institution through 70 tweets specially posted for the occasion, tracing the past 70 years of the Court. The Institution is also present on the professional platform LinkedIn and sent 313 messages to its 178 000 followers. In the space of a year, the Court has grown that community by more than a third, a trend which demonstrates its visibility on that platform.
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The Court’s goal is thus one of transparency, with the aim of strengthening citizens’ trust in the Institution. Understanding its role and its case-law activities are essential to that objective. That drive to bring the Institution closer to citizens is also illustrated by the fruition of a remote visit project launched in 2021. Following its initial implementation in French, Italian, Latvian and Hungarian, this highly successful project has now been offered in other languages. Remote visits have therefore also taken place in Czech, Greek, Polish and Romanian. The goal for 2023 is to build on that momentum and to expand the project to new official languages.
Turning to more traditional opportunities, after two years heavily impacted by the pandemic, the organisation of in-person visits has picked up again: 9 683 people visited the Institution’s buildings in 2022. Others opted for the virtual format – around 15% of visitors this year. This format has the potential to develop considerably in the coming years by making the Court equally accessible to those European citizens who are furthest away from Luxembourg. This policy of openness which, on the one hand, reduces the Institution’s carbon footprint and cuts distances and costs is, on the other hand, a bonus as regards the goal of increasing the transparency and understanding of the Institution.
The purpose of the remote visits is to give secondary school students aged between 15 and 18 an understanding of the role played by the EU courts. The impact of the case-law of the Court on their daily lives and the Institution’s judicial activities are presented by a lawyer. The students undertake a virtual visit to the buildings and attend a viewing of two short films made for this programme. They have the opportunity to meet with a Judge or an Advocate General for a Q&A session. The programme aims to raise awareness amongst the young students and their teachers about democratic values and current legal issues.
Mr Dimitrios Gratsias,
Judge at the Court of Justice
‘The prospect of participating in a ‘remote visit’ to the Court, conducted in Greek, fascinated me from the outset of the project. I must confess that I did nevertheless have some doubts. How would it be possible to speak to secondary school students about the Court without overwhelming them with too many technical details or falling into the trap of misleading them through oversimplification? Moreover, would it be exactly that, a ‘remote’ visit, devoid of the spontaneity typical of the exchanges during visits in person? It turned out that I need not have worried. Many participants sent us questions in advance, each more interesting than the last. I structured my presentation by first addressing general questions, then moving to the more specific, even personal ones. Thanks to the questions asked during the session, not only was our discussion lively – which is not surprising with an audience like that – it was also a truly profound debate, which, I believe, painted a faithful picture of the Court’s mission and of the challenges it faces. Would I do it again? Without a shadow of a doubt!’
Varvara Efkarpidou,
final year student, école franco-hellénique ‘Jeanne d’Arc’, French international school in Piraeus, Greece
‘My classmates and I had the privilege of participating in a remote visit to the Court of Justice of the European Union and talking to its Members. Having access to a guided visit to the Court is a unique opportunity at our age, when we are starting to think about, and choose, our careers and build our future. Optimism can sometimes be in short supply: it is the social and financial crises and the growing worries of our parents which feed our questions. Meeting Members of the Court was an enriching experience and, for some of us, the beginning of a dream. The answers to our questions and the whole guided tour sparked the interest and curiosity of all the students. The visit will stay ingrained in our memories. Thank you to all the organisers and to our school for this wonderful initiative.’