{"title":"普通法院的改革:一项极简(但激进)制度改革的实践","authors":"Daniel Sarmiento","doi":"10.1017/cel.2017.1","DOIUrl":null,"url":null,"abstract":"Abstract In this article, I scrutinise the impact of the reform that will double the number of judges at the General Court. I examine the consequences of a wider use of a five-judge chamber, the continuation of generalist chambers, and the possible departure from the General Court’s minimal standard of review of legality. But greater efficiency at the General Court will have important consequences for the Court of Justice too. The Court of Justice must anticipate more appeals following the General Court’s increase in productivity; the transfer of jurisdiction to the General Court to hear preliminary references is considered. Profound changes at the General Court will lead to the Court of Justice becoming a very different institution to the one we know.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"19 1","pages":"236 - 251"},"PeriodicalIF":0.0000,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cel.2017.1","citationCount":"7","resultStr":"{\"title\":\"The Reform of the General Court: An Exercise in Minimalist (but Radical) Institutional Reform\",\"authors\":\"Daniel Sarmiento\",\"doi\":\"10.1017/cel.2017.1\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract In this article, I scrutinise the impact of the reform that will double the number of judges at the General Court. I examine the consequences of a wider use of a five-judge chamber, the continuation of generalist chambers, and the possible departure from the General Court’s minimal standard of review of legality. But greater efficiency at the General Court will have important consequences for the Court of Justice too. The Court of Justice must anticipate more appeals following the General Court’s increase in productivity; the transfer of jurisdiction to the General Court to hear preliminary references is considered. Profound changes at the General Court will lead to the Court of Justice becoming a very different institution to the one we know.\",\"PeriodicalId\":52109,\"journal\":{\"name\":\"Cambridge Yearbook of European Legal Studies\",\"volume\":\"19 1\",\"pages\":\"236 - 251\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2017-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1017/cel.2017.1\",\"citationCount\":\"7\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Cambridge Yearbook of European Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/cel.2017.1\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Cambridge Yearbook of European Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/cel.2017.1","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Social Sciences","Score":null,"Total":0}
The Reform of the General Court: An Exercise in Minimalist (but Radical) Institutional Reform
Abstract In this article, I scrutinise the impact of the reform that will double the number of judges at the General Court. I examine the consequences of a wider use of a five-judge chamber, the continuation of generalist chambers, and the possible departure from the General Court’s minimal standard of review of legality. But greater efficiency at the General Court will have important consequences for the Court of Justice too. The Court of Justice must anticipate more appeals following the General Court’s increase in productivity; the transfer of jurisdiction to the General Court to hear preliminary references is considered. Profound changes at the General Court will lead to the Court of Justice becoming a very different institution to the one we know.
期刊介绍:
The Cambridge Yearbook of European Legal Studies (CYELS) offers authors and readers a space for sustained reflection and conversation about the challenges facing Europe and the diverse legal contexts in which those challenges are addressed. It identifies European Legal Studies as a broad field of legal enquiry encompassing not only European Union law but also the law emanating from the Council of Europe; comparative European public and private law; and national law in its interaction with European legal sources. The Yearbook is a publication of the Centre for European Legal Studies, Faculty of Law, University of Cambridge.