Sara Iglesias Sanchez rst commented in this Journal on the request submied by the Court of Justice of the Eu- ropean Union (CJEU), pursuant to Article 281(2) TFEU, with a view to amend its Statute transferring to the Ge- neral Court (GC) the jurisdiction to hear and determine questions referred for a preliminary ruling in specic areas laid down by the Statute (2). In her paper, she described the salient aspects of the proposal for a regulation amending the Statute: my purpose is to add some reections on the solutions envisaged by the CJEU without outlining the content of the proposal, for which I refer in full to Sara’s article. at being said, it seems however appropriate to recall two elements. First, the reason that led the CJEU to implement Article 256(3) TFEU – i.e., the constant increase in the Court of Justice’s workload and the need to continue to full its mission, consisting in ensuring, in a timely manner, ‘that in the interpretation and application of the Treaties the law is observed’, according to Article 19(1) TEU (3). Second, the fact that the reform of the Statute will necessarily imply amendments to the Rules of Procedure (RoP) of the Court of Justice and the GC (on which they are already working) and, in principle, also further amendments to the Statute itself.
The future of preliminary rulings in the EU judicial system / C. Amalfitano. - In: EU LAW LIVE. - ISSN 2695-9593. - 2023:weekend edition n. 133(2023), pp. 2-13.
The future of preliminary rulings in the EU judicial system
C. Amalfitano
2023
Abstract
Sara Iglesias Sanchez rst commented in this Journal on the request submied by the Court of Justice of the Eu- ropean Union (CJEU), pursuant to Article 281(2) TFEU, with a view to amend its Statute transferring to the Ge- neral Court (GC) the jurisdiction to hear and determine questions referred for a preliminary ruling in specic areas laid down by the Statute (2). In her paper, she described the salient aspects of the proposal for a regulation amending the Statute: my purpose is to add some reections on the solutions envisaged by the CJEU without outlining the content of the proposal, for which I refer in full to Sara’s article. at being said, it seems however appropriate to recall two elements. First, the reason that led the CJEU to implement Article 256(3) TFEU – i.e., the constant increase in the Court of Justice’s workload and the need to continue to full its mission, consisting in ensuring, in a timely manner, ‘that in the interpretation and application of the Treaties the law is observed’, according to Article 19(1) TEU (3). Second, the fact that the reform of the Statute will necessarily imply amendments to the Rules of Procedure (RoP) of the Court of Justice and the GC (on which they are already working) and, in principle, also further amendments to the Statute itself.File | Dimensione | Formato | |
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