Filtering Appeals Over Decisions Originally Taken By Boards Of Appeal: Rationale, Impact And Potential Evolution Of Article 58A Of The CJEU Statute
Il “filtraggio” delle impugnazioni in cause provenienti dalle commissioni di ricorso: ratio, effetti e possibili evoluzioni dell’articolo 58 bis dello Statuto della CGUE
Le «filtrage» des pourvois dans les affaires concernant les chambres de recours: ratio legis, effets et développements potentiels de l’article 58 bis du Statut de la CJUE
The present paper offers a complete overview of an often overlooked procedural mechanism operating over direct actions at the Court of Justice of the European Union, namely the “filtering mechanism” on appeal proceedings encased in Article 58a of the Statute of the Court. The article starts by assessing, as a necessary premise, the rationale that first led to the introduction of this peculiar procedure in 2019, with a focus on the legal issue arising from it and from its latest modifications by virtue of the 2024 judicial reform. Following a review of the normative structure of this mechanism, the paper further delves into an in-depth analysis of the Court’s case law on the “filter”, aiming at deriving some considerations on its operational functioning. Lastly, a perspective on future and potential developments of Article 58a is offered against the backdrop of the evolution of the whole EU judicial architecture, in the effort to show how a seemingly minor procedural mechanism might potentially be a crucial crossroads for the two Luxembourg jurisdictions’ institutional roles.
