Continuity and Change
- Studies in EU Reform and Enlargement series
Edited by Edward Best, Thomas Christiansen and Pierpaolo Settembri
Chapter 6: EU Enlargement and the European Court of Justice
6. EU enlargement and the European Court of Justice Caroline Naômé1 On 11 May 2004, ten new members of the European Court of Justice (hereafter, the ‘Court’)2 took the oath before a court composed of 15 judges and eight advocates-general. On the next day, nine3 new members of the Court of First Instance (hereafter, the ‘CFI’) took the oath before a court composed of 25 judges and eight advocates-general. The bench had been adapted during the night in order for the members of the Court to sit in two rows. The reason for the organization of two diﬀerent formal sittings may have been that it would have taken too long to listen to introductory speeches, presentations and oaths of 20 persons. Yet this distinction between the members of the two Courts allowed the new members of the Court to be immediately involved in the judicial activity and gave the new members of the CFI the opportunity to be sworn in before the members of the Court from their own member states. This is a good example of the eﬀects of enlargement on the Court: material adaptations, immediate involvement of the new members and preservation of the substance. The Court has had to adapt its structure, increase the number of chambers and reduce the amount of documents to be translated. The judicial activity of the Court between 2004 and 2007 shows that the Court has overcome the diﬃculties related to the enlargement and even used...
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