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This is a book not about what the European
Court of Justice should do but about how it can do better whatever is
attributed to it to do. The book´s starting point is the increased workload
of cases in the European Court of Justice and the strain that has been
placing in the Court´s infrastructures and, in the last instance, in the
speed and quality of its decisions. The book makes a good review of the
current problems derived from the workload of the Court and the analysis is
complemented with useful statistics and insights regarding not only the
Court´s case-law but also its procedures, organisation and facilities
(covering both the European Court of Justice and the Court of First
Instance). The book also includes several annexes, including a
"pluralistic and democratic" bibliography and a useful summary of
the US Federal Judicial System (attempting to provide a background for
comparison with the EU system).
"The European Court of Justice victim of its own
success". How often have we heard this expression? This book main
message is to stop complaining and do something about. No revolution is
proposed, neither the judicial function nor role of the Court are
addressed. The book is less ambitious and pragmatic in its proposals for
reform without necessarily aiming at a lower impact in the quality of the
work developed by the Court: "the aim of this study is to review the
working and functioning of the Court and to make proposals for more
effective and efficient methods of coping with the Court´s case-load, in
particular so as to ensure that delays are reduced, the quality of its
decisions is maintained and the proper development of Community law is
safeguarded". In spite of discussing a possible new judicial
structure, the path for reform is taken within the existent judicial
structure and the changes proposed go from the appointment of assistant
rapporteurs or increasing the numbers of translators to clarification of
the rules of procedure, introduction of a fast-track procedure or a
suggestion to allow the Commission to ask the ECJ to clarify a previous
ruling in order to avoid subsequent national references. Many other options
are discussed in the book. Sometimes, however, the book appears to fall
into excessive details such as discussing the Library resources of the
Court…
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