[en] The structural solution proposed by the European Court of Justice appears rather costly (the 12 new cabinets) and should be considered as a last resort one. Other
measures, with very little costs, could have a strong positive impact on the
General Court’s productivity. Furthermore, an immediate structural reform
would go against fundamental principles of management (and strategy). Before pumping more resources in a system, it is useful to analyze in depth where the
existing problems come from. If a plane flies low because there are numerous
leaks in the motor, one can always push much more kerosene in the motor but
this is rarely seen as the optimal way to improve performance. Plugging first the
leaks is widely seen as more economical. Furthermore, it is always dangerous to
make immediate structural reforms with a long term impact under the pressure
of urgency. Finally, in the case of a sudden rise of judicial activity in the next
years (which is the working hypothesis of the debated proposals), the neglect of
the productivity measures could lead to an explosion of costs.
In the present hard times especially, each of us has to do his/her utmost to get
more bangs from the taxpayer’s bucks. This is possible here, but it means that
all parties involved (General Court’s judges and personnel, Court of Justice,
Member States, budgetary authorities, and legal counsels) have to accept some
limited efforts.
Disciplines :
European & international law
Author, co-author :
Dehousse, Franklin ; Université de Liège - ULiège > Département de droit > Droit international économique
Language :
English
Title :
The reform of the EU courts (I) : The need of a management approach
Alternative titles :
[fr] La réforme des cours européennes (I) : la nécessité d'une approche managériale