The Many-Faced Court: The Value of Participation in Annulment Proceedings

Abstract

Reporting about their activities, the EU Courts attach great importance to the efficiency of judicial proceedings. Little is known however about how they strive at efficiency in practice; especially, how they strike a balance between procedural economy and the right of the parties to meaningful participation in judicial proceedings. Relying on empirical data, this article explores the rules of procedure and judicial practices relating to annulment proceedings brought by private applicants. It argues that following recent efficiency-oriented procedural reforms, the parties still enjoy broad opportunities for participation in the first instance annulment proceedings before the General Court, whereas the significance of party participation decreases when it comes to the appellate proceedings before the Court of Justice. Be that as it may, the EU judges have instruments to decide, in a fairly autonomously way, on the shape of EU judicial proceedings. The issue of procedural rights before the EU Courts, due to its close link to judicial legitimacy, should be further monitored.

Keywords: Court of Justice, European Union, Procedural Law, General Court, Rules of Procedure, Procedural Justice