scholarly journals Procedure before the European Union Civil Service Tribunal: Specific aspects

2016 ◽  
Vol 2 (1) ◽  
pp. 45-54
Author(s):  
Inga Jablonskaitė-Martinaitienė ◽  
Natalija Točickienė
Jurisprudence ◽  
2014 ◽  
Vol 21 (4) ◽  
pp. 1028 ◽  
Author(s):  
Natalija Točickienė ◽  
Inga Jablonskaitė-Martinaitienė

Author(s):  
Albertina Albors-Llorens

This chapter provides an overview of the various procedural avenues to the Court of Justice of the European Union. It uses as a template the division between two main sets of proceedings: direct actions and preliminary references. Direct actions are brought directly either before the Court of Justice, the General Court, or the Civil Service Tribunal; these are dealt with in their entirety by these courts. By contrast, preliminary references begin before a national court. When this court encounters a question on the interpretation or the validity of EU law, it may (or sometimes must) make a preliminary reference on this particular point to the Court of Justice.


Author(s):  
Ilias Kapsis

This chapter focuses on the Court of Justice of the European Union (CJEU), the judicial arm of the European Union. The CJEU consists of three courts: the Court of Justice, the European General Court, and the Civil Service Tribunal. Its mission is to ensure that ‘in the interpretation and application’ of the treaties of the Union ‘the law is observed’. The chapter first traces the history of the CJEU before discussing issues of structure and procedure, the extent of the Courts' jurisdiction, and their role in the promotion of European integration. It then considers the criticism directed at the CJEU for the way it exercises its judicial powers, and more specifically the reaction of member states to its ‘judicial activism’. It concludes with an assessment of the main challenges facing the EU courts.


2006 ◽  
Vol 5 (2) ◽  
pp. 273-283
Author(s):  
Hazel Cameron

AbstractThe European Union Civil Service Tribunal, the first judicial panel to be attached to the Court of First Instance under the reforms agreed at Nice, recently heard its first case. Its establishment is significant for two reasons. First, it will make a much needed reduction in the case load of the CFI. Second, it is innovative in its approach to the appointment of judges, for the first time in the European judicial structure moving away from the traditional approach of Member State nomination to direct application and consideration of applications by a Selection Committee.


2015 ◽  
Vol 87 (4) ◽  
pp. 2317-2333
Author(s):  
Oana M. Petrescu

Knowledge and understanting the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into accout the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentione is that the judjments of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.


Author(s):  
R. Syvyi

The purpose of the article is to identify the concepts of the functioning of public service systems based on the generalization of the institutional environment for the transformation of the concepts of public service in the countries of the European Union. The institutional conditions for the transformation of the civil service in the EU countries are revealed. It is proved that under the new conditions there is an urgent need to identify the institutional prerequisites and factors of the transformation of the civil service in the context of European integration in order to understand the vector of movement of the civil service institute in Ukraine. On the basis of the study of the modernization experience, it has been determined that even minor changes in the structure of public authorities are accompanied by negative consequences, namely, the costs of conducting liquidation or reorganization measures. The main strategies of the modernization processes carried out are outlined. It was found that the institutional preconditions for the transformation of the civil service in the EU originate from constitutional mechanisms that are deeply rooted in the cultural, social and political values that are united around the basic provisions of democracy. It is shown that the prerogatives of functional measures emphasizing the powers of civil servants are an important institutional precondition for the transformation of the civil service. The generalization of the factors of transformation of the civil service in the context of European integration provides an understanding of the vector of the movement of the civil service in Ukraine through the creation of a common European administrative space.


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