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ECJ positions

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The Grand Chamber of the European Court of Justice, in an infringement action (Commission v. Member-State, article 258 TFEU) will be simulated on EUropa.S. 2015. The procedure consists of two parts, the written and the oral one. In the written procedure, the Agents of both sides shall submit their memorials (Application-Defence) and their counter-memorials (Reply-Rejoinder), as well as their lists of evidence. The judges shall evaluate these documents submitting their preliminary reports. The oral procedure consists of three oral rounds. After each oral round, follows an evidence examination and a special deliberation of the judges. The procedure closes with the deliberation of the judges and the judgment. Only the judges are entitled to participate in the final stage.

Judges

The Judges shall be chosen from persons whose independence is beyond doubt and who possess adequate legal qualifications. Their initial task is to submit a preliminary report before the trial, responding to the memorials submitted by the parties of the case. Consequently, they have to sit as members of the Grand Chamber and adjudicate the case, hearing the advocates, putting questions to them, examining the evidences, deliberating and delivering the judjement.

Agents: The Member States and the institutions of the Union shall be represented before the Court of Justice by agents appointed for each case.

Agents of the Applicant

The agents of the Applicant shall be selected on the first assignments cycle, on December the 28th. After they receive the Defence, they shall submit their Reply, while four days before the trial they shall also submit a list with the evidences that they intend to present before the Court. During the oral procedure, they will have the chance to argue and answer the questions of the judges.

Agents of the Defendant

The agents of the Defendant shall submit the Defence, after the Application has been communicated to them. Moreover, they shall submit a Rejoinder, responding to the Applicant’s Reply, while four days before the trial they shall submit a list with the evidences that they intend to present before the Court. During the oral procedure, they will have the chance to argue and answer the questions of the judges.

Witnesses and experts

Before the trial, by March 15th, they shall submit a preliminary testimony or report, supporting the relevant side (Applicant or Defendant). During the trial and, more specifically during the evidence examination, they will have to testify or present their report before the Court.  They may be questioned by the agents and the judges. Their role will be limited, in comparison to the role of the judges and the agents.