Law and orders: the orders of the European Court of Justice as a window in the judicial process and institutional transformations
Research output: Contribution to journal › Journal article › Research › peer-review
Standard
Law and orders: the orders of the European Court of Justice as a window in the judicial process and institutional transformations. / URSKA, SADL; Zurita, Lucía López; Brekke, Stein Arne; Naurin, Daniel.
In: European Law Open, Vol. 1, No. 3, 2022, p. 549-575.Research output: Contribution to journal › Journal article › Research › peer-review
Harvard
APA
Vancouver
Author
Bibtex
}
RIS
TY - JOUR
T1 - Law and orders: the orders of the European Court of Justice as a window in the judicial process and institutional transformations
AU - URSKA, SADL
AU - Zurita, Lucía López
AU - Brekke, Stein Arne
AU - Naurin, Daniel
PY - 2022
Y1 - 2022
N2 - Orders are judicial decisions designed to shore up fair and timely resolution of disputes. As written, detailed, and factual documents, they are reliable markers of procedural steps and a unique source of information about the inner working of an institution. This article examines all published orders of the European Court of Justice, drawing lessons from their use. The analysis demonstrates that the pursuit of efficiency and uniform application blurs the lines between the administration and judging. First, it centralises the institution, expanding the duties of the Registry and amplifying the role of the Cabinet of the President of the Court. Second, it bureaucratises the interpretation and the uniform application of European Union law. These processes are common in judicial institutions with no power over their dockets. But the particular European response, authored by the Court, also suggests its reluctance to forfeit the interpretive monopoly.
AB - Orders are judicial decisions designed to shore up fair and timely resolution of disputes. As written, detailed, and factual documents, they are reliable markers of procedural steps and a unique source of information about the inner working of an institution. This article examines all published orders of the European Court of Justice, drawing lessons from their use. The analysis demonstrates that the pursuit of efficiency and uniform application blurs the lines between the administration and judging. First, it centralises the institution, expanding the duties of the Registry and amplifying the role of the Cabinet of the President of the Court. Second, it bureaucratises the interpretation and the uniform application of European Union law. These processes are common in judicial institutions with no power over their dockets. But the particular European response, authored by the Court, also suggests its reluctance to forfeit the interpretive monopoly.
UR - http://dx.doi.org/10.1017/elo.2022.32
U2 - 10.1017/elo.2022.32
DO - 10.1017/elo.2022.32
M3 - Journal article
VL - 1
SP - 549
EP - 575
JO - European Law Open
JF - European Law Open
SN - 2752-6135
IS - 3
ER -
ID: 325389164