The European Courts: a procedural analysis. EUMA Paper Vol. 7, No. 2, March 2010

Reali., Santini (2010) The European Courts: a procedural analysis. EUMA Paper Vol. 7, No. 2, March 2010. [Policy Paper]

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Abstract

[Introduction]. According to Article 220 of the European Community Treaty, the Court of Justice and the Court of First Instance shall ensure that in the interpretation and application of the Treaty and the law are observed. While on its face this provision may seem quite clear, its application is a bit more convoluted, as the role of the supranational Courts in Europe is not as stable and precise as it may first appear. In analyzing the structure of the Courts, the malleable manner in which challenges may be brought, coupled with certain transparency issues, and caustic critiques, depict the simplicity, which once appeared so enticing, as much more intricate. In coming to understand the inherent complexity present in this system, it becomes necessary to first understand the structure and composition of the Courts. From there, the jurisdiction of the Court of First Instance and the European Court of Justice become important as well. Delving into the various types of challenges that may be brought to the Courts’ attention guides one towards understanding the power of the supranational Courts to decide matters and enforce decisions. Finally, critiquing the system uncovers the lack of transparency, and for that matter, accountability present, as well as a massive backlog of cases exposing the somewhat disorganized nature of the massive branch of government. It is only when detailed insight into the operation of the legal procedures is understood that an educated view into the European legal system emerges; one that is not as tidy and orderly as the European Union may have wanted it to be.

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