28/02/2025
Understanding the Issue
- Access to the Court of Justice of the European Union (CJEU) is limited, especially for public interest organisations
- An alternative avenue for NGOs, individual experts, and civil society actors is to act as third-party intervenors in pending cases, yet this is also limited due to legal standing restrictions
- An informal practice of amicus curiae briefs is emerging as an additional, yet informal, avenue to influence pending cases affecting the public interest.
Ways to Participate in CJEU Cases
Third-Party Intervention (formal but restricted)
✔ Apply for leave to intervene under Article 40 of the CJEU Statute.
✔ Must prove a direct and existing interest in the case outcome.
✔ Commonly used by private entities (e.g. companies/trade associations).
Challenges
❌ Can only support an existing party’s position.
❌ Not available in cases between EU institutions or Member States.
❌ Strict criteria often exclude NGOs and civil society groups.
Amicus Curiae Briefs (informal and neglected)
✔ Submit an amicus brief to share your perspective and expertise on a pending case.
✔ No need to be a party in the case—adds independent perspective.
✔ Often used in human rights, environmental law, and policy-driven cases.
Challenges
❌ The CJEU does not formally recognize amicus briefs, but informal submissions (a.k.a. shadow briefs) are circulated to influence deliberations.
✔ Legal scholars, NGOs, and former CJEU members often publish these briefs online.
Steps to file an Amicus Curiae brief before the CJEU:
- Monitor: keep an eye on the Court’s docket for cases relevant to your organization, especially those with potentially broad implications and where key interests are underrepresented.
- Timing: submit your brief before the Court’s deliberations – ideally after the pleadings but possibly before the advocate general opinion. If you are late, use the amicus to respond to that opinion.
- Structure: A compelling brief includes the added value brought about by your submission; a summary of your comments; the core legal arguments and evidence backing that up; and a call for action/conclusion.
- Format: Present your submission as an informal amicus curiae brief (in case C-xx/2025). To maximise visibility, the use of English is recommended. Address the relevant Court chamber and engage with the arguments brought forward by the parties. The submission should be brief, limited to 10–15 pages, possibly shorter.
- Dissemination: Publish the brief on your organisation website and/or try to also republish it in full on a legal blog. You may also want to use press releases to alert the media. Most importantly, be sure to share it directly with judges and advocates general.
- Consider: a joint submission as this can carry greater weight – partnering with other civil society organisations and academics maximises credibility and reach.
Why It Matters
Enhancing public participation in the CJEU ensures:
✔ More inclusive judicial decision-making in EU law.
✔ Stronger protection of public interest in most consequential cases.
✔ Reliance on best available evidence in EU case law.
✔ Greater democratic legitimacy of rulings.
Want to learn more?
Alemanno, Alberto, Public Participation before the Court of Justice of the EU: Enhancing Outside Judicial Participation via Amicus Curiae Briefs (February 21, 2025). In free download at SSRN.
CJEU Case Law