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Peer raises concerns over European Justice

By Lord Bowness - 17th October 2011

Lord Bowness says he fears for "the future legitimacy" of the Court of Justice of the European Union, unless the government recognises the need for further judicial resources.

Today the House will have an opportunity to debate the report of the House of Lords European Union Committee, The Workload of the Court of Justice of the European Union, which was published on 6 April 2011. I am the chair of the sub-committee which undertook the inquiry which led the report.

The committee was concerned by the workload statistics published by the Court in 2009; in particular in relation to the General Court where, for example, in 2009 a competition case lasted on average 33.1 months. But, the fault does not lie with the Court of Justice of the EU (CJEU). The CJEU fulfils a unique role within the EU and operates under difficult conditions, serving as it does 27 Member States covering 500 million citizens using 23 official languages.

In the case of the Court of Justice, the committee concluded that whilst the institution benefited from the expansion of its membership following enlargement to keep on top of its workload, this honeymoon period is over and the twin pressures of enlargement and the expansion of its jurisdiction will affect its ability to cope with its workload.

More worryingly, in the General Court, we found an institution already struggling to manage its existing workload and in need of urgent structural reform. We recommend an increase in the number of judges serving the General Court as the best and most flexible solution. We do not specify a number – that would be for others to determine - but suggest that a one third increase might be reasonable.

I hope that our report and the debate draws attention to the problems the CJEU is currently facing and that, despite the current economic situation, the government will recognise and address the need for further judicial resources as a matter of urgency. Otherwise, I fear for the future legitimacy of this vital institution.

Lord Bowness is chair of EU Sub-committee E (Justice and Institutions).