APPEALS BEFORE THE COURT OF JUSTICE OF THE EUROPEAN UNION
By Caroline Naome
Oxford University Press
Dislike bringing an appeal? This new text from OUP offers a useful European perspective.
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”
As most lawyers are aware, presenting an appeal can be a pain. An arduous process it is! Assuming that is, that an appeal is even granted in the first place. Equally daunting, if not more so, is the challenge of launching an appeal before the Court of Justice of the European Union (CJEU).
There is little doubt then, that practitioners finding themselves faced with such a task should be profoundly grateful for this new legal text recently published by the Oxford University Press (OUP).
Writing in the Foreword, Allan Rosas, Judge of the Court of Justice, refers to the book as an ‘indispensable reference work… for the appeals procedure.’ Available in both English and French, ‘it will shed light for the reader… on the current case law of the Court of Justice and the relevant provisions of the Court’s Statute and Rules of Procedure,’ he says, adding that ‘the historical development of this class of judicial remedy’ receives considerable comment, notably in the first chapter.The eleven chapters which follow deal with all the pertinent aspects of an appeal, including the concept of an appeal… the decisions open to appeal… the effects of appeals… grounds of appeal -- and much more. The chapter covering grounds of appeal is quite detailed as is the chapter on the procedure before the Court of Justice, which, over its nine sections includes the written and oral segments of the procedure.
Beleaguered practitioners and academics will of course derive much more from this logically organised text. As the author Caroline Naome remarks, ‘there can be no doubt that practitioners dislike bringing an appeal before the Court of Justice of the European Union’ as it demands mastery of a technique. As a ‘Referendaire’ at the Court of Justice, she reminds us that ‘criticism must be directed at the judgment under appeal, not at arguments put forward by the opposing party.’ Further points of argument here are discussed in detail in the text.
On even a cursory examination, the book reveals itself impressively as a carefully researched and thoughtfully argued, yet succinct analysis of what the author refers to as ‘the state of play in this area today,’ including, among other things, ’the development of the rules governing appeals, the case law and the rules of procedure.’
Especially valuable for researchers -- judicial and academic, as well as practitioners -- is the bibliography and the extensive footnoting with its wealth of references, plus the tables of cases and of legislation.
There are seven annexes, including Annex 2: “Steps in the Handling of an Appeal”, and the fourth Annex which deals with outcomes of appeal cases.
Erudite yet accessible, here is a work of reference which will undoubtedly prove itself useful and certainly enlightening to any lawyer tasked with the handling of an appeals process.
The publication date is cited as at 30th August 2018.