The Place of the European Union Civil Service Tribunal in the European Union Judicial System
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Abstract
The European Union judicial system has fundamentally changed after in 2004, on the basis of the Treaty of Nice, the Council of the European Union decided to create the first European Union specialized court − Civil Service Tribunal, which task is to rule on disputes between the European Union and its staff. The Civil Service Tribunal’s founders believed that, due to the distinctiveness of public service disputes and their considerable number, indirect link with Community law, specific procedures and rules applied to settlement, those disputes should be entrusted to the court with appropriate specialization.
In the EU judicial system, the Civil Service Tribunal occupies the ground level (the first instance). Its decisions may be subject to an appeal to the General Court. In exceptional circumstances, the decisions of appeal by the General Court may in turn be re-examined before the Court of Justice.
Despite the fact that the Civil Service Tribunal is attached to the General Court, it performs judicial functions autonomously and it is independent from the Court of Justice and the General Court. The fact that the Civil Service Tribunal makes as many efforts as possible to take into account the previous case law of the Court of Justice and the General Court related to the matter in question should not be surprising, because as Civil Service Tribunal forms an integral part of the European Union Court of Justice, its case law does not constitute a threat to the consistent and efficient functioning of the EU judicial system. However, it does not mean that the Civil Service Tribunal just follows the previous case law without taking into account the evolution of the EU civil service. On the contrary, that evolution has a huge impact on the content of Civil Service Tribunal case law.
From an administrative and institutional point of view, this court is still part of the European Union Court of Justice, but, from the other courts, it is different not only in its specific jurisdiction: its composition and procedure for appointment of its members are also distinctive and innovative. It has its own Registry, organizational structure and dispute settlement system, but makes use of the services of the Court of Justice for its other administrative and linguistic needs.
This article looks at the reasons behind the establishment of the Civil Service Tribunal, the various milestones, its composition, its unique appointment procedure compared to the Court of Justice and the General Court, its jurisdiction and its place in the EU judicial system. It thoroughly examines the legal grounds for a Civil Service Tribunal, documents of its foundation and its setting up.
In the EU judicial system, the Civil Service Tribunal occupies the ground level (the first instance). Its decisions may be subject to an appeal to the General Court. In exceptional circumstances, the decisions of appeal by the General Court may in turn be re-examined before the Court of Justice.
Despite the fact that the Civil Service Tribunal is attached to the General Court, it performs judicial functions autonomously and it is independent from the Court of Justice and the General Court. The fact that the Civil Service Tribunal makes as many efforts as possible to take into account the previous case law of the Court of Justice and the General Court related to the matter in question should not be surprising, because as Civil Service Tribunal forms an integral part of the European Union Court of Justice, its case law does not constitute a threat to the consistent and efficient functioning of the EU judicial system. However, it does not mean that the Civil Service Tribunal just follows the previous case law without taking into account the evolution of the EU civil service. On the contrary, that evolution has a huge impact on the content of Civil Service Tribunal case law.
From an administrative and institutional point of view, this court is still part of the European Union Court of Justice, but, from the other courts, it is different not only in its specific jurisdiction: its composition and procedure for appointment of its members are also distinctive and innovative. It has its own Registry, organizational structure and dispute settlement system, but makes use of the services of the Court of Justice for its other administrative and linguistic needs.
This article looks at the reasons behind the establishment of the Civil Service Tribunal, the various milestones, its composition, its unique appointment procedure compared to the Court of Justice and the General Court, its jurisdiction and its place in the EU judicial system. It thoroughly examines the legal grounds for a Civil Service Tribunal, documents of its foundation and its setting up.
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Please see Copyright and Licence Agreement for further details.
