The role of the grand chamber at the European Court of Justice and the European Court of Human Rights

Thesis

Grand chambers are often considered the most authoritative judicial formations within multi-panel higher courts. They are thought to enhance representativity of the decision-making by ensuring that decisions reflect the majority view within the court. They are also expected to improve the quality and unity of the court’s output. The problem is that these two functions are in tension and fulfilling them simultaneously is often difficult since each requires a different design and use of the body. Consequently, jurisdictions need to make a choice of which function to prioritise and which to compromise. This thesis investigates how the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) address this tension. By examining institutional rules and practices and then verifying the findings in interviews with judges, the thesis establishes that while the ECJ’s grand chamber prioritises representativity, often at the cost of its contribution to the quality of the court’s output, the ECtHR’s grand chamber focuses on improving case law quality, while compromising representativity. The thesis contextualises these differences and argues that the adopted rules and practices are shaped by the nature of the legal order each court represents and the two courts’ underlying conceptions of judicial authority. Ultimately, the thesis contends that the grand chambers under examination are not merely technical formations aimed at improving efficiency but influential institutions that reflect the character of the legal system in which they operate, the history of the institution of which they form part, and the normative assumptions about judicial authority and the objective of judging. The contribution of the thesis is twofold. First, the thesis maps out several aspects of the ECJ and ECtHR’s internal practices that have been largely hidden to the courts’ outsiders. Second, the thesis moves beyond the narrowly focused debates about particular aspects of grand chamber arrangements and offers a more comprehensive and theoretically oriented discussion. By doing so, the thesis invites a more critical perspective on the current role and usage of grand chambers in Europe and beyond.

Authors: Kadlec, O

• DOI: 10.5287/ora-2rydxrb4w
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English