The Court of Justice in the archives project : analysis of the Meroni cases (9/56 and 10/56)

Abstract

This Working Paper is part of the CJEU in the Archives Project, aiming at uncovering the potential of the newly released archival sources of the CJEU through the analysis of the dossiers de procedure of selected cases. This case-study focuses on Meroni. It argues that the CJEU archival sources allow to better situate Meroni in the proper economic and social context and shed new light on the reasoning that led to the ruling. It disentangles the key role of actors, institutions and procedures in shaping the final judgment. The main findings show how the parties contributed to directing the focus of the Court towards the central issues of power delegation and judicial protection. They also highlight the own initiative of the Court in resorting to the principle of institutional balance. Ultimately the analysis points to the dynamic nature of the case, showing that the judgment resulted from the different contextual elements that emerged during the procedure.