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That's an Order! How the Quest for Efficiency Is Transforming Judicial Cooperation in Europe

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  • Stein Arne Brekke
  • Daniel Naurin
  • Urška Šadl
  • Lucía López‐Zurita

Abstract

Effective procedural arrangements allow courts to reconcile conflicting demands of timely justice and sound legal argument. In the context of the European Union, conflict between these demands emerged most acutely in the face of paralyzing delays in the preliminary reference procedure. It was partly solved by Article 99 of the Rules of Procedure. The provision allowed the European Court of Justice to dispose of repetitive and legally undemanding cases with a reasoned order in lieu of a judgment. This article analyses all published orders of the European Court of Justice to examine the use and the implications of Article 99 of the Rules of Procedure. It is the first article to do so. We find that the Court resorts to orders to save time and to halt repeated questions from the courts of a single Member State.

Suggested Citation

  • Stein Arne Brekke & Daniel Naurin & Urška Šadl & Lucía López‐Zurita, 2023. "That's an Order! How the Quest for Efficiency Is Transforming Judicial Cooperation in Europe," Journal of Common Market Studies, Wiley Blackwell, vol. 61(1), pages 58-75, January.
    • Handle: RePEc:bla:jcmkts:v:61:y:2023:i:1:p:58-75
    DOI: 10.1111/jcms.13346
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    References listed on IDEAS

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    1. Larsson, Olof & Naurin, Daniel, 2016. "Judicial Independence and Political Uncertainty: How the Risk of Override Affects the Court of Justice of the EU," International Organization, Cambridge University Press, vol. 70(2), pages 377-408, April.
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    3. Ferejohn, John A. & Weingast, Barry R., 1992. "A positive theory of statutory interpretation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 263-279, June.
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