Open Access
That's an order! : how the quest for efficiency is transforming judicial cooperation in Europe
Loading...
Files
That_order_2023.pdf (529.47 KB)
Full-text in Open Access, Published version
License
Attribution-NonCommercial-NoDerivatives 4.0 International
Access Rights
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
0021-9886; 1468-5965
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Citation
Journal of common market studies, 2022, Vol. 61, No. 1, pp. 58-75
Cite
BREKKE, Stein Arne, NAURIN, Daniel, SADL, Urska, LÓPEZ ZURITA, Lucía, That’s an order! : how the quest for efficiency is transforming judicial cooperation in Europe, Journal of common market studies, 2022, Vol. 61, No. 1, pp. 58-75 - https://hdl.handle.net/1814/76268
Abstract
Effective procedural arrangements allow courts to reconcile conflicting demands of timely justice and sound legal argument. In the context of the European Union, conflict between these demands emerged most acutely in the face of paralyzing delays in the preliminary reference procedure. It was partly solved by Article 99 of the Rules of Procedure. The provision allowed the European Court of Justice to dispose of repetitive and legally undemanding cases with a reasoned order in lieu of a judgment. This article analyses all published orders of the European Court of Justice to examine the use and the implications of Article 99 of the Rules of Procedure. It is the first article to do so. We find that the Court resorts to orders to save time and to halt repeated questions from the courts of a single Member State.
Table of Contents
Additional Information
Published online: 09 June 2022
External Links
Publisher
Geographical Coverage
Temporal Coverage
Version
The article is a published version of iCourts Working Paper 2020/219
Source
Source Link
Research Projects
Sponsorship and Funder Information
This article was published Open Access with the support from the European University Institute Research Council.