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8 - A Sense of Common Purpose

On the Role of Case Assignment and the Judge-Rapporteur at the European Court of Justice

from Part II - Judicial Frames

Published online by Cambridge University Press:  05 May 2022

Mikael Rask Madsen
Affiliation:
University of Copenhagen
Fernanda Nicola
Affiliation:
American University, Washington DC
Antoine Vauchez
Affiliation:
Université Paris 1-Sorbonne
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Summary

The chapter deals with the assignment of cases to reporting judges and judicial formations at ECJ. EU lawyers generally consider the ECJ’s system of case assignment to be one of the most problematic features in the court’s decision-making process. They perceive a strong tension with the right to a fair trial. The aim of this chapter is to understand why the court maintains a system that has been under severe attack for a long time. By closely analysing the practice of case assignment between 2003 and 2019, charting assignment profiles of individual judges, the chapter argues that the ECJ’s assignment system is a key mechanism for the court’s institutional success. It has allowed the court to maintain a sense of common purpose, a strong and persistent idea of its mandate as a guardian of the effectiveness and primacy of EU law. The chapter identifies three key functions case assignment performs. First, supporting jurisprudential stability and continuity by creating an elite group of judges who writes the bulk of the most important ECJ decisions. Second, integrating new ECJ judges through gradually assigning them more difficult cases thereby structuring a learning process for becoming a full-fledged ECJ judge. And third, the ECJ’s system of case assignment has helped to maintain what is generally lost in courts of the ECJ’s size: a place where all twenty-seven ECJ judges and eleven Advocates General are informed on all incoming cases, jointly engage in systematizing the ECJ’s case law and framing the court’s agenda.

Type
Chapter
Information
Researching the European Court of Justice
Methodological Shifts and Law's Embeddedness
, pp. 187 - 208
Publisher: Cambridge University Press
Print publication year: 2022

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