Preliminary rulings before the General Court: What judicial architecture for the European Union?

Abstract

This contribution critically examines the implications of the Request submitted by the Court of Justice with a view to amending Protocol No. 3 on the Statute of the Court of Justice of November 2022, which suggested the General Court be given the jurisdiction to hear and decide questions referred for a preliminary ruling under Article 267 TFEU. The key argument is that the structural consequences of the Court´s Request for the judicial architecture of the European Union go well beyond another mere technical (re)arrangement of a head of competence within Article 256TFEU. If implemented – and potentially further expanded in the future by transferring jurisdiction on preliminary rulings in other specific areas to the GC – the structure of the Union judiciary and the preliminary ruling procedure itself is bound to change significantly. preliminary rulings, General Court, CJEU reform, Article 256 TFEU