Domestic Judges Judging Judges – The European Court of Justice Pulls the Reins: <i>Hann-Invest</i>

In three joined pronouncements from mid-2024, collectively referred to here as Hann-Invest , the European Court of Justice decided to continue its incursion into the organisation of the domestic judiciary. We are thus confronted with a new instalment in the series that commenced back in 2018 with Associação Sindical dos Juízes Portugueses . Ostensibly, the present judgment engages with a procedural delicacy from Croatia. Potentially, however, it carries a wider significance for (the design and functioning of) judiciaries in other EU countries. The central issue is whether Union law allows for a so-called 'registration judge' to approve court rulings before they are officially issued, and whereby also so-called 'divisional meetings of judges' take place, capable of influencing, or even altering, those rulings' contents. Prima facie , the ECJ's answer looks predictable and uncontroversial. Simultaneously, it opens up a sizeable can of worms elsewhere, inviting critical comment on whether the Court missed the mark, while punching too powerfully.

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Publication Details

Journal
Review of European Administrative Law
Published
2025-09-22
DOI
https://doi.org/10.7590/187479825x17562060647942
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Domestic Judges Judging Judges – The European Court of Justice Pulls the Reins: Hann-Invest

Henri de Waele
Review of European Administrative Law
European and International Law Studies
article

Domestic Judges Judging Judges – The European Court of Justice Pulls the Reins: Hann-Invest

Henri de Waele
article en

Abstract

In three joined pronouncements from mid-2024, collectively referred to here as Hann-Invest , the European Court of Justice decided to continue its incursion into the organisation of the domestic judiciary. We are thus confronted with a new instalment in the series that commenced back in 2018 with Associação Sindical dos Juízes Portugueses . Ostensibly, the present judgment engages with a procedural delicacy from Croatia. Potentially, however, it carries a wider significance for (the design and functioning of) judiciaries in other EU countries. The central issue is whether Union law allows for a so-called 'registration judge' to approve court rulings before they are officially issued, and whereby also so-called 'divisional meetings of judges' take place, capable of influencing, or even altering, those rulings' contents. Prima facie , the ECJ's answer looks predictable and uncontroversial. Simultaneously, it opens up a sizeable can of worms elsewhere, inviting critical comment on whether the Court missed the mark, while punching too powerfully.

Review of European Administrative LawVol. 18(2)
Radboud University Nijmegen (NL), European Faculty of Law (SI)
Openalex Percentile: Top 66%
European and International Law Studies
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