Justice in Haste, Justice Denied? The European Court of Justice and the Area of Freedom, Security and Justice

In: The Cambridge yearbook of European legal studies: CYELS, Band 11, S. 1-13

Abstract

AbstractThis chapter considers the ECJ procedure and, in particular, the length of time required for cases to be heard, especially in proceedings pertaining to the Area of Freedom, Security and Justice, an area in which the saying 'justice delayed, justice denied' has particular force. It examines in particular the new urgent procedure, conceived in order to enable the Court to decide a case falling under the Area of Freedom, Security and Justice within an expedited time-frame. It concludes that, while undue haste should be avoided, lengthy time-frames for court proceedings are more often than not a sign of poor case management. The Area of Freedom, Security and Justice provides a special incentive for the ECJ to be vigilant as regards the length of court proceedings.