CJEU plans to resume hearings in late May
The Court of Justice of the European Union (CJEU) will resume hearings from May 25, if conditions allow, while, in the US, courts are considering a gradual reopening.
In early March, the CJEU said it was “obliged” to temporarily restrict its judicial activities because of the COVID-19 pandemic, meaning that only cases that were particularly urgent (such as urgent proceedings, expedited proceedings and interim proceedings) would be dealt with by the court.
Earlier this week, the court announced that when hearings resume (if conditions allow) they will be accompanied by the introduction of hygiene and social distancing protocols.
The representatives of the parties concerned will receive detailed explanations from the registries of the two courts, according to the court.
“With the anticipated resumption of hearings, [the court] is taking the necessary steps to ensure full continuity in the public service offered to European litigants, whilst protecting its staff and contributing to the public health objectives of the fight against the pandemic,” said the CJEU.
Adjustments to the court’s internal organisation and the use of remote working technologies has ensured that judicial activities could continue, with 106 cases disposed of and 29 opinions delivered since March 16.
However, restrictions on movement in Luxembourg, and in the majority of EU member states, have meant that hearings at the CJEU and at the General Court have had to be postponed.
While hearings may resume on May 25, the widespread working from home will continue in principle.
“That decision is in line with the recommendation of the authorities of the host state which consists, in the case of administrations and undertakings, in promoting teleworking throughout the period of emergence from lockdown. It also takes into consideration the high level of activity that can currently be carried out remotely.” said the court.
Reopening guidelines
Meanwhile, in the US, the administrative office of the US courts has distributed guidelines for restoring operations, advising courts to take the lead from local authorities. The guidelines for restoring operations rely “heavily on conditions in local communities and on objective data from local and state public health officials and the Centers for Disease Control and Prevention”.
James Duff, director of the office, said: “Some courts are beginning to consider preparations for on-site operations. Many courts, however, are not close to this process yet as the pandemic continues to have severe impact in their communities.”
A group of chief judges and court executives has also been formed to develop protocols for how to safely resume grand jury and trial jury proceedings.
“Issues such as testing potential jurors, social distancing considerations during jury assembly, voir dire, jury deliberations, and many others are being considered,” Duff added.
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