SUD EVROPSKE UNIJE ZA SLUŽBENIČKE SPOROVE KAO PRIMJER MOGUĆEG PRAVCA RAZVOJA NACIONALNIH PRAVOSUDNIH INSTITUCIJA / EUROPEAN UNION CIVIL SERVICE TRIBUNAL AS AN EXAMPLE OF THE POSSIBLE LAW OF DEVELOPMENT OF NATIONAL JUDICIAL INSTITUTIONS
Journal Title: Društvena i tehnička istraživanja - Year 2017, Vol 3, Issue 2
Abstract
The Treaty of Nice provided for the possibility of setting up specialized courts of the European Union. Following the recommendations of the Council of the European Union, the Council of the European Union established the Court of the European Union for civil disputes, i.e.the Court of Justice, whose jurisdiction was to decide on disputes between the European Union and its officials. This task has been carried out by the General Court of the European Union. As the number of cases increased steadily and the resolution procedures were too long, the legislator decided to increase the number of judges of the General Court of the European Union from forty-seven to fifty-six, and at the same time delegate the jurisdiction of the Court of Audit to the General Court of the European Union. Thus, the Court of Appeal ceased its work in September 2016. Notwithstanding the quashing of this specialized judicial institution, its role can serve as an example of the possible direction of the development of national judicial institutions of the member states of the European Union, and specifically Bosnia and Herzegovina. Taking into account the scope of administration, as well as the role and status of civil servants who are the personification of public institutions, there is a need to establish specialized departments within the existing judicial institutions or specialized institutions that will deal with the resolution of employees' disputes. Previous case-law has shown that regular courts do not have the capacity to take meritorious decision-making in civil disputes, leading to uneven judicial practice and legal uncertainty.
Authors and Affiliations
Merima Čolakhodžić
Keywords
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