APPENDIX 2: CALL FOR EVIDENCE
The House of Lords European Union Committee is to
conduct an inquiry, to be undertaken by its Justice and Institutions
Sub-Committee, on the workload of the Court of Justice of the
European Union. The Sub-Committee invites you to give written
evidence to the Inquiry.
Written evidence is sought by 24 September 2010.
Public hearings will be held in October and November 2010. The
Committee aims to report to the House, with recommendations, in
February 2011. The report will receive a response from the Government,
and may be debated in the House.
Background
The ability of the Court of Justice and the Court
of First Instance to handle their existing (pre-Lisbon) workload
was noted by the European Union Committee in its report of April
2007, An EU Competition Court (15th Report of Session 2006-07).
The Report on The Treaty of Lisbon: an impact assessment
(10th Report of Session 2007-08) noted also that the expansion
of the jurisdiction of the Court of Justice resulting from the
changes introduced by the Treaty of Lisbon, in combination with
the enlargement of the EU, would "further swell the Court's
docket", both in terms of volume and the range of legal issues
before it. The latest annual report of the Court shows that the
volume of cases remains high and the rate of disposal of cases
is insufficient to make serious reductions in the turnaround time
for litigation. The Courts themselves and other commentators have
noted these trends and their effects on the increasing number
of individuals who find themselves involved in EU litigation.
The Sub-Committee will examine, in respect of each
constituent element of the Court of Justice of the European Union
(the Court of Justice, the General Court and the Civil Service
Tribunal):
- The trends in the workload of
these courts.
- The time taken for cases to be dealt with and
the impact of the elapse of time.
- Possible measures which could improve the speed
with which cases are dealt with (whilst taking into account the
limited possibility of Treaty change).
- The budgetary and other impacts of such measures.
The Inquiry will not consider the substance of the
Court's judgments, nor the procedures for appointing judges.
The issues
In addition to any general points you wish to make,
the Sub-Committee invites views on the following:
- What are the significant issues
highlighted by the statistics relating to the past and current
workload of the Court of Justice, the General Court and the Civil
Service Tribunal?
- Are the turnaround times for disposal of cases
comparable to other courts of equivalent standing?
- Are the turnaround times for disposal of cases
acceptable to litigants?
- What considerations, both from the recent changes
brought about by the Treaty of Lisbon and otherwise, are likely
to affect the workloads of these courts and to what extent?
- Will accession by the EU to the ECHR affect the
working of these courts?
- What are the significant challenges and impediments
to the courts in handling their workload effectively and expeditiously?
- Are there any bottlenecks in the processes of
these courts?
- What measures would improve the working of the
courts, bearing in mind the limited possibility of Treaty change?
- What could the Institutions and Member States
do to help the Courts dispose of cases more expeditiously?
28 July 2010
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