The year in review

Introduction by the President

2022 was the year of the 70th anniversary of the Court of Justice of the European Union. To mark the occasion, the Institution’s Annual Report has had a makeover. Without compromising on the quality of information, the choice was made to adopt a more concise format providing a panorama of the most significant developments in the life of the Court and its case-law, using a style that is more direct and accessible to the widest possible audience.

The period covered by this Panorama saw a return to the normal functioning of the Court, after two years complicated by the health crisis related to the COVID-19 pandemic. The technological tools put in place during that crisis are now part of our day-to-day working environment, but it was essential to breathe life back into the Institution by reviving the scope for spontaneous exchanges and interactions within its halls, which are so important for the effectiveness of the work of both courts.

The commemoration of the 70th anniversary of the Court of Justice of the European Union, focussed on the theme of ‘Bringing justice closer to the citizen’, was marked by a series of events, such as the special Open Day held on 8 October 2022, the Special Meeting of Judges hosted from 4 to 6 December 2022 featuring, as its highlight, a formal sitting attended by His Royal Highness, the Hereditary Grand Duke of Luxembourg as well as high-level representatives from the EU institutions, the Luxembourg authorities, the judicial world and the diplomatic community, the publication of a prestigious work, the issuing of a special stamp by the Luxembourg postal service, the release of a film about the history of the Court and the renaming of the Institution’s buildings in honour of prominent figures in the history of Justice.

2022 was not just the Institution’s 70th year, but also an ‘anniversary’ year for key milestones in the building of Europe: 30 years of the Treaty of Maastricht, to which we owe the explicit reference, in the founding texts of the European Union, to democratic values, including the rule of law; 25 years of the Treaty of Amsterdam, which expanded the ‘Community method’, including the jurisdiction of the Court, to the area of freedom, security and justice; and 20 years since the entry into circulation of the euro.

However, such celebrations must not mask the realities which we have to face.

The health crisis was sadly followed, in late February 2022, by the outbreak of the war in Ukraine. The chilling images of victims and destruction, which we thought belonged to the past on the European continent, have served as a reminder that peace and freedom are values which, as ‘self-evident’ as they might be for those committed to the European project, are not built on unshakeable foundations.

The very legitimacy of the European Union and its institutions is disputed regularly by waves of Euroscepticism and populism, or by challenges to the democratic values which are the bedrock of the European project. In a European Union entrusted, following each revision of the Treaties, with new areas of competence, the Institution is being called upon more than ever before to adopt judicial decisions on sensitive matters. Whether on preserving the values intrinsic to the rule of law, protection of the environment, combating discrimination, protection of privacy and personal data, enforcing competition rules against digital giants, protection for consumers or reviewing the lawfulness of restrictive measures adopted in response to serious violations of human rights and international law, the decisions of the Court of Justice and of the General Court are directly affecting the major issues of today’s world.

In a geopolitical context where the very foundations of our democratic societies are coming under ever more frequent attack, the impact of such decisions means that particular care must be taken to communicate and educate in order to put a stop to any approximations or disinformation, as well as to ensure that the lessons of European case-law are correctly incorporated into the various national legal systems.

Statistically, the number of cases brought before the two courts in 2022 is similar to the previous year (1 710 cases in 2022, as compared with 1 720 in 2021). As for the number of cases closed by the Court of Justice and the General Court, it decreased slightly (1 666 in 2022, as compared with 1 723 in 2021). The combined effect of these two developments resulted in a slight increase in the total number of pending cases (2 585 in 2022, as compared with 2 541 in 2021).

The number of cases brought before the Court of Justice, although slightly reduced in relation to the previous year (806 in 2022, as compared with 838 in 2021), remained high in 2022, particularly as regards requests for a preliminary ruling. Furthermore, a growing number of cases brought before the Court of Justice raise sensitive and complex issues, requiring more consideration and time.

In that respect, with a view to maintaining its ability to deliver high-quality judgments in a timely manner, on 30 November 2022, the Court of Justice, making use of the option provided for in the Treaties, submitted a request to the EU legislature seeking a transfer to the General Court of jurisdiction to give preliminary rulings in certain specific areas and an extension of the mechanism for the determination of whether an appeal against a decision of the General Court is allowed to proceed.

I would like to take this opportunity to thank warmly my colleagues and the entire staff of the Institution for the outstanding work carried out by them during the year, and without whom the many achievements that marked 2022 would not have seen the light of day.