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Reforming the CJEU: Quality and Quantity

Document Cited in Related
Vincent
Published date01 December 2014
DOI10.1177/1023263X1402100408
Date01 December 2014
Subject MatterLegal Debate
21 MJ 4 (2014) 753
LEGAL DEBATE
REFORMING THE CJEU:
QUALITY AND QUANTITY
Editors’ Introduction
e EU jud icial system depends crucial ly on a smooth cooperation between the national
and the European cou rts.  e design and operation of the i nstitutional fra mework are
therefore of fundamental impor tance.  is legal debate will add ress the question whether
the preliminar y reference procedure, the principal i nstrument of judicial cooper ation
within t he EU, is  t for that purpos e in a Union of 28 Member States, which is constantly
expanding its act ivity into wider areas of law.
e part icipants in the debate, all of whom in di erent capacities are very familia r with
the workings of the Cou rt, will re ect on the perceived or real inherent tensions bet ween
the quality a nd quantity of the CJ EU’s decision making and the c ase law it produces.
e ultimate success of the cooper ation depends on the input provided by the national
courts and the output produced by the CJ EU. In this sense, t he legal debate will address
the responsibility of the nationa l courts in using the preliminar y reference procedure in
an e ective way and how the CJEU can de al with the i ncreasing number of references
while preservi ng the quality of its decision-making.
is question will be debated by Sacha P rechal, Judge at the CJEU, Eleanor Sharpston,
Advocate General at the CJEU, Eric Gippini Four nier, Legal Servic e of the European
Commission, Michal B obek, Professor of European Law at t he College of Europe and
Monica Claes, Professor of European Const itutional Law at Maastricht University.

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