About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

34 B. L. J. 7 (2002)
The Community Judiciary at the Dawn of the Third Millennium: A Revolution or a Simple Face-Lift

handle is hein.journals/braclj34 and id is 7 raw text is: THE COMMUNITY JUDICIARY AT THE DAWN
OF THE THIRD MILLENIUM: A REVOLUTION
OR A SIMPLE FACE-LIFT?
Dr Marie-Pierre F. Granger
JEP Lyons, Maitrises (Lyons and Thessaloniki), DEA
(Montpellier), PhD (Exon)
Tutor, School ofLaw, University of Exeter
Introduction: The Wind of Change Blowing on the EU Judicial System
The reform of the European Community judicial system had been notably
missing from the table of negotiations of most of the Intergovernmental
Conferences (IGC) until last year. The institutional reform appearing on the
program of the 1996 IGC had given way to politically more urgent matters,
and in the end, the Treaty of Amsterdam did not tackle the question of the
reorganisation of the Community judiciary. Despite some rather pessimistic
predictions,' the year 2000 has turned out to be profitable for the Community
judiciary in many respects.
First of all, the 2000 IGC negotiators finally took into hand the long awaited
reform of the European judicial system, which had over time become a matter
of urgency, not only because of the need of adaptation to the future
enlargements, but also because of the threat of complete congestion of the
system.2 The case load of the Community Courts has grown rapidly, mostly
due to the increasing size of the European Union (hereinafter EU) the new
fields of competence of the European Community (hereinafter EC) and of the
EU3 and the increased control of the Court over it,4 and a general
.The author is grateful for the helpful suggestions and comments made by Prof. Betten, Prof.
Arnull, Prof Bridge, Dr Betlem and Dr Arsalidou on earlier drafts. However, the final
responsibility for the text lies solely with the author.
Meij 'Guest Editorial: Architects or Judges? Some Comments In Relation to the Current
Debate?' (2000) 37 CMLRev. 1039, at 1089
2 '...the Court is in need of urgent reform.. in order to enable it to adapt to current and
changing circumstances so that it can continue doing that which it has been doing since the
European Communities were set up: to ensure the respect for the law' (The EC Court of
Justice and the Institutional Reform of the European Union, April 2000, at 1, available at
http://www.curia.eu.int).
3 The EU is composed of three pillars: the Communities (EC, ECSC and Euratom) pillar, the
Common Foreign and Security Policy pillar and the Justice and Home Affairs pillar. As the
Court's jurisdiction covers mostly the first pillar, this article will focus on Community issues,
although the Court has a limited jurisdiction over third pillar issues, which will not be
examined here. However, for the sake of convenience, when the distinction is not necessary,
EU and EC will be used alternatively. For example, I will talk about the EU judicial system
although technically this system is built within the structure of the Community pillar.
4 The focus of this article is procedural. Therefore, the changes made with regard to the
substantive scope of the Community courts' jurisdiction will not be examined in this paper,
although the Treaty of Nice, when (and if) ratified, will bring some changes in that respect.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most