La riforma dello statuto della Corte di giustizia nel quadro dei diritti fondamentali dell’UE

This contribution examines the process of reforming the Statute of the Court of Justice of the European Union, which has reached its conclusion with the enactment of Regulation (EU, Euratom) 2024/2019 of the European Parliament and of the Council of 11 April 2024, starting with the contents of the Court’s proposal of 30 November 2022. The objective of this study is to examine, in particular, the interpretative and applicative consequences that may arise from the framing of the contents of the reform within the EU system of protection of fundamental rights. Giving reasons for the need for such a framework, in the light of the system of relations between the sources of EU law and by virtue of the explicit references to fundamental rights relevant to the exercise of the judicial function formulated by the legislature, the analysis will focus on the new architecture of the preliminary reference procedure and the substantive and procedural criteria governing the distribution of jurisdiction under Article 267 TFEU between the Court of Justice and the General Court. In light of the aforementioned considerations, this study will put forth proposals regarding the problematic definition of interpretative standards consistent with the need for effective judicial protection and the good administration of justice, in the light of the relevant legislation and case law, with particular reference to the discipline of the so-called “one-stop shop”.