PROCEDURE BEFORE THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL: GENERAL ASPECTS
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Abstract
The procedure before the European Union Civil Service Tribunal is governed by particular procedural rules. When hearing cases, the Civil Service Tribunal applies these procedural rules, established in the EU primary law. These rules are further elaborated and complemented by documents that are adopted by the Civil Service Tribunal. In this respect, the Rules of procedure of the European Union Civil Service Tribunal are of fundamental importance. The new version of the Rules of Procedure was entered into force on 1st October 2014. By adopting the new version of its Rules of Procedure, the Civil Service Tribunal aimed to ensure that the procedural rules governing the legal proceedings brought before the Courts of the European Union are homogeneous. Nevertheless, during the adoption process, the specific nature of disputes
in the civil service field was also taken into consideration.
In some aspects, the procedural rules applied in the proceedings brought before the Civil Service Tribunal differ from the procedural rules governing the procedure before the two other Courts of the European Union. One of the most significant differences is the application, by the Civil Service Tribunal, of the general rule according to which the written part of a procedure in principle is to be limited to a single exchange of written pleadings. Such a general rule, first of all, is aimed at reducing the duration of proceedings. However, its application in some particular cases could give rise to concerns about the compatibility with the right to effective judicial protection.
in the civil service field was also taken into consideration.
In some aspects, the procedural rules applied in the proceedings brought before the Civil Service Tribunal differ from the procedural rules governing the procedure before the two other Courts of the European Union. One of the most significant differences is the application, by the Civil Service Tribunal, of the general rule according to which the written part of a procedure in principle is to be limited to a single exchange of written pleadings. Such a general rule, first of all, is aimed at reducing the duration of proceedings. However, its application in some particular cases could give rise to concerns about the compatibility with the right to effective judicial protection.
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