That's an Order! The Orders of the CJEU and the Effect of Article 99 RoP on Judicial Cooperation

iCourts Working Paper Series, No. 219, 2020

26 Pages Posted: 17 Dec 2020

See all articles by Urska Sadl

Urska Sadl

European University Institute - Department of Law (LAW); University of Copenhagen - iCourts - Centre of Excellence for International Courts

Daniel Naurin

ARENA - Centre for European Studies; University of Gothenburg

Lucia López Zurita

affiliation not provided to SSRN

Stein Arne Brekke

affiliation not provided to SSRN

Date Written: October 20, 2020

Abstract

The benefits of timely justice and rigorous judicial argument are impossible to overstate and hard to reconcile. In its struggle to deliver both, the Court of Justice of the European Union has initiated several reforms of its procedures. The so-called adjudicating orders arguably achieve the impossible: They fast-track recurring questions while safeguarding legal coherence. The present article unpacks this premise. It shows that seemingly inconsequential procedural amendments, often overlooked by scholars, give the Court full control over relevant European legal problems, and centralize its power.

Concretely, the analysis introduces a typology of orders of the Court, to demonstrate the unique legal character of adjudicating orders. It then investigates their effects against the backdrop of manifold procedural reforms and institutional adjustments. The findings indicate that the greatest efficiency gains follow reforms, which the Court initiates and implements in relative anonymity. Moreover, the use of adjudicating orders increases in response to a sudden and considerable increase of legally similar preliminary references from one Member State. An equal increase of references from the courts of several Member States has no such effect.

The findings suggest that the Court uses adjudicating orders to disengage from 'local' problems and unilaterally terminate the conversations with resolute national courts. Thereby, the preliminary reference procedure, envisaged and promoted as a collaborative tool, transforms into a centralized mechanism of speedy and authoritative dispute resolution.

Keywords: The CJEU, Adjudication, Dispute Resolution, European Union Law, Judicial Cooperation

Suggested Citation

Sadl, Urska and Naurin, Daniel and López Zurita, Lucia and Arne Brekke, Stein, That's an Order! The Orders of the CJEU and the Effect of Article 99 RoP on Judicial Cooperation (October 20, 2020). iCourts Working Paper Series, No. 219, 2020, Available at SSRN: https://ssrn.com/abstract=3715514 or http://dx.doi.org/10.2139/ssrn.3715514

Urska Sadl (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy
27914233 (Phone)
27914233 (Fax)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Daniel Naurin

ARENA - Centre for European Studies ( email )

Oslo
Norway

University of Gothenburg ( email )

Viktoriagatan 30
Göteborg, 405 30
Sweden

Lucia López Zurita

affiliation not provided to SSRN

Stein Arne Brekke

affiliation not provided to SSRN

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