Amending the Statute of the Court of Justice of the EU: Reform of the preliminary reference procedure and extension of the leave to appeal requirement [EU Legislation in Progress]

Written by Rafał Mańko (2nd edition, updated on 07.02.2024).

On 24 January 2024, the Committee on Legal Affairs approved the compromise text of a proposal to amend the Statute of the Court of Justice of the EU (CJEU). The reform will transfer preliminary reference cases (Article 267 of the Treaty on Functioning of the European Union – TFEU) from the Court of Justice (CJ) to the General Court (GC) in five distinct areas (VAT; excise duties; the Customs Code and tariff; passengers’ rights to compensation and assistance; and the greenhouse gas emissions allowance trading scheme).

Parliament has managed to secure the inclusion in the compromise text of a number of significant amendments. All new preliminary references will be systematically notified not only to the Commission, Member States and the institution, body or agency that authored the challenged act, but also to the Parliament, Council and European Central Bank (ECB). These institutions will be allowed to submit observations in the procedure, although, in the case of Parliament and the ECB, only if they consider that they have a ‘particular interest’ in the case. The GC will have not only ad hoc advocates general (AGs), but also one or more permanent AGs, which it will elect – from among its judges – for a three‑year term, renewable once. The permanent AGs will assist the GC only in preliminary ruling cases, and will not perform judicial duties while working as AGs. Despite the transfer of certain preliminary references to the GC, the CJ will nonetheless retain jurisdiction in cases that raise ‘independent questions relating to the interpretation of primary law, public international law, general principles of Union law or the Charter of Fundamental Rights’.

Complete version

• February 2024: Amending the Statute of the Court of Justice of the EU (2nd edition)