A View from the General Court. The Reform for the Transfer of Competence for Preliminary Rulings to the General Court: Issues Concerning Its Implementation
(Series Information) European Papers - A Journal on Law and Integration, 2025 10(2), 391-403 | Article | (Table of Contents) 1. Introduction. – 2. The partial transfer of jurisdiction in ‘certain specific areas’. – 3. Procedures to determine which judicial body has jurisdiction. – 4. The Chamber des...
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| Format: | Article |
| Language: | English |
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European Papers (www.europeanpapers.eu)
2025-07-01
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| Series: | European Papers |
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| Online Access: | https://www.europeanpapers.eu/e-journal/view-general-court-reform-transfer-competence-preliminary-rulings-general-court-issues-concerning-implementation |
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| Summary: | (Series Information) European Papers - A Journal on Law and Integration, 2025 10(2), 391-403 | Article | (Table of Contents) 1. Introduction. – 2. The partial transfer of jurisdiction in ‘certain specific areas’. – 3. Procedures to determine which judicial body has jurisdiction. – 4. The Chamber designated to deal with the request for a preliminary ruling. – 5. Corrective measures to the division of competences. – 6. The review procedure. – 7. Other changes introduced by the reform. – 8. Further reflections. | (Abstract) This paper offers an insider’s preliminary assessment on the first implementation of the reform on transfer of preliminary ruling jurisdiction to the General Court. First of all, the paper reminds the rationale behind the reform and explains the latter’s development, legal basis and context. Thereafter, the paper follows the course of the procedure from its inception, underlining the criteria according to which a case is attributed to the Court or to the General Court and offering an insight into the ‘guichet unique’ mechanism and its inner workings. Furthermore, the paper casts light on the guarantees that the reform sets in place, such as the introduction of a permanent role for the Advocate General and of specialised chambers. Subsequently, attention is brought to the corrective mechanisms aimed at guaranteeing the division of competences between the Court and the General Court, discussing the ex ante control of the Court’s Registry and possible referrals to the Court of Justice. With regard to the safeguarding of the uniform interpretation of EU Law, the contribution then offers a critical appraisal of the re-examination procedure thereto predisposed. Moving onto the other innovations of the recent reform, the paper briefly presents other measures to enhance transparency, such as the publication of written observations and live broadcasting of certain proceedings. Finally, the paper presents some first conclusions on the future impact of the transfer of competences and the reform in general. |
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| ISSN: | 2499-8249 |