Europos Sąjungos Teisingumo Teismo reforma
The article presents the short evolution of the Court of Justice of the European Union. The author focuses on the resent (2015) amendment of the Statute of the Court of Justice of European Union, which increased the number of the judges in the General Court. The article aims - to analyze the reform of the General Court, to reveal the reasons of the reform, to review the discussions held in the EU institutions during decision-making process, to disclose the Court of Justice and the General Court's position concerning the implementation of the reform. The article raises the question: whether the amendment of the Statute of the Court of Justice of the European Union, which provides that every Member State should have two judges in the General Court, is the most consistent with the needs of the General Court. In the historical development of the EU the main reasons for reforming the Court of Justice always has been an increasing number of cases in these courts. For the reform the European Union Court of Justice of 2015 the European Union was preparing gradually. Already in the Lisbon Treaty the supranational EU institutions were empowered to make the amendments of the Statute of the Court of Justice of the European Union. Already at the start of the reform of the General Court it was rejected to establish a specialized court giving priority to the increasing the number of judges of the General Court. It was argued that the appointment of additional judges of the General Court would be faster and more flexible process than the establishment of a specialized court. The creation of specialized colleges of the General Court would provide the key advantage of a specialized court. The decisive factor to have two judges in the General Court was the individual interest of each Member State to appoint the same number of judges as other Member States, although the President of the Court of Justice stated that equitable geographical representation is not the most important criterion to ensure that court's effectiveness.
- Straipsniai / Articles