Published May 25, 2019 | Version v1
Journal article Open

Evolution of Operation of Civil Service Tribunal of the European Union

  • 1. Yaroslav Mudryi National Law University

Description

The article deals with the issue of the operation of Civil Service Tribunal of the European Union from the moment the decision was made in 2004 to establish it until the termination of its operation in 2016. The Public Service Tribunal had been the only specialized court created by this time.

It was found that the Nice Treaty of 2001 provided for a flexible solution to the problem: the Council of the European Union had the right to establish new judicial bodies of special jurisdiction as the third (lower) part of the EU judicial system.

The author analyzes the reasons for the introduction of a special judicial body - Civil Service Tribunal. The Protocol No. 3 on the Statute of the European Union Court, which regulates the functioning of the specialized tribunal, has been researched. The article also examines the jurisdiction of the Civil Service Tribunal, internal structure, structure.

It has been established that the European Union Public Service Tribunal exercised the authority of the first instance to resolve disputes between the Union and its employees in matters concerning labor relations, the social protection system, and had the right to consider disputes between all EU bodies and institutions, for example, between Europol and European Investment Bank.

The analysis of the implementation of reform in the European Union judicial system, the main directions of the reform, the approaches that are used in this regard, are revealed, stated that the reform was aimed at ensuring the effective functioning of the European Union Court, optimizing the implementation of its tasks. It was found that the reform envisaged a gradual increase in the number of judges of the General Court and the merger of the Tribunal for Public Service with the General Court.

It was investigated that the Tribunal for Public Service was disbanded as a result of apparent disproportionality between the financial costs of its maintenance and the positive outcome of its activities.

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