The EU System of Judicial Protection: Between Original Intent and Subsequent Practice

by Prof. Amedeo Arena (University of Naples)

Friday 27 Sept 2024, 10:00 → 11:30 Europe/Berlin

Hansaallee 41, 60323 Frankfurt/Main, Z02 (and via Zoom) (MPI LHLT)

Why does the European Union have its own Court of Justice? Why does it have Advocates General but not dissenting opinions? Why does the Court of Justice interpret the notion of “individual concern" so restrictively? Why is the preliminary ruling often employed as the European citizen's infringement directive? Why does the European Commission enjoy broad discretion in launching and pursuing infringement procedures? Relying on the analysis of the preparatory work of the Treaties of Paris and Rome and several ECJ judgments from the so-called foundational period, this talk seeks to answer these questions, showing how the key features of the EU system of judicial protection are the outcome of a unique combination of original design and subsequent practice.