A Further Application of Hooke’s Law? Some Remarks after the Entry into Force of the Recent Reform of the Statute of the Court of Justice of the European Union
Un’ulteriore applicazione della “legge di Hooke”? Riflessioni a margine dell’entrata in vigore della recente riforma dello Statuto della Corte di giustizia dell’Unione europea
Pour un autre cas d’application de la loi de Hooke? Quelques réflexions suite à l’entrée en vigueur de la récente réforme du Statut de la Cour de justice de l’Union européenne
This paper examines the Reform of the Statute of the Court of Justice of the European Union that entered into force on 1st September 2024. After a brief description of the negotiation process of the Reform, the paper focuses on the Rules of Procedure of both the Court of Justice and the General Court. The author argues that the Reform, which can be seen as a follow-up of those of 2015 and 2018, falls within the extremely flexible perimeter defined by primary law with regard to the structure of the CJEU. Nevertheless, the partial transfer, to the General Court, of jurisdiction over preliminary questions in specific areas laid down by the Statute and the extension of the mechanism for the determination of whether an appeal is allowed to proceed, which account for two of the most relevant aspects of this reform, are likely to trigger a process that would require serious reflection, should it to continue in the coming years through the transfer to the General Court of other areas and the further extension of the mechanism, on the opportunity of a revision of the Treaties, to appropriately crystallise the new relationship between the two jurisdictions.
