Oral Hearings before the European Court of Justice

Abstract

This article focuses on the organization of oral hearings at the European Court of Justice. It deals with both the decision to hold or not to hold an oral hearing, as a complement to the written part of the procedure, and the actual conduct of such hearings. This is done by drawing on the modifications introduced by the recast of the Rules of Procedure of the Court of Justice undertaken in 2012 and the Practice Directions to Parties adopted by the Court in 2013 as well as actual practice following the entry into force of the new Rules of Procedure. The article also draws upon the experience of the present author as a judge at the Court since 2002 and chairman of the Rules of Procedure Committee of the Court since 2009. What role does the oral hearing play in the overall handling of cases and what have been the most recent developments in this regard? Some attention will also be paid to fundamental rights concerns, notably the right to a fair and public hearing and its relevance for the organization and conduct of hearings. The article will not address the broader notion of ‘oral part of the procedure’ to the extent that it covers the Opinion of the Advocate General as well. Nor shall I consider in any detail the organization of oral hearings by the other Union Courts, that is, the General Court and the Civil Service Tribunal, where due to the nature of proceedings the oral hearing plays an even more important part than before the Court of Justice.