Case Selection in the Preliminary Ruling Procedure

Abstract

We examine the emergence and evolution of docket control mechanisms in the preliminary ruling procedure. As documented by our quantitative analysis, reasoned orders have increased dramatically since the mid-1990s, with courts in Italy and Central and Eastern member states being the most frequent targets. We argue that the trajectory of the ECJ’s docket policy is an indirect manifestation of its ascendant position as Europe’s judicial powerhouse. Facing a rising caseload, the Court has sought to optimise the allocation of its resources by applying stricter admissibility criteria and by prioritising references raising novel legal issues. For domestic courts, this evolution means that references must satisfy higher standards of quality and originality, although the application of these standards is itself influenced by the size of the Court’s backlog at the time of submission.