As part of the international strategy of the Cour de cassation (Court of cassation), First President Chantal Arens set up a working group on the relations between the Cour de cassation (Court of cassation) and the Court of Justice of the European Union (CJEU) in order to identify how to strengthen the exchanges and to develop the dialogue between the two courts.
Composed of members of the Bench, the Prosecutor-General’s Office, the Documentation, Studies and Reporting Departement and the First President’s Office, the working group held hearing with members of the CJEU, the Supreme Court Lawyers Bar and representatives of French institutions.
The working group focused on three main topics: requests for preliminary ruling referred by the Cour de cassation (Court of cassation) to the CJEU ; requests for preliminary ruling referred by foreign and French courts to the CJEU ; internships and exchanges between the Cour de cassation (Court of cassation) and the CJEU.
The work undertaken allowed, on one hand, to have a better overview of the current relations between the Cour de cassation (Court of cassation) and the CJEU, and on the other hand, to make recommendations to strengthen these relations and to harmonize the Court of cassation’s best practices in terms of preliminary rulings. The working group has for example suggested to develop drafting aids and created a “Guide for drafting requests for preliminary rulings to the Court of Justice of the European Union”, as well as a template for requests for preliminary rulings.
The working group’s report was presented at a general assembly on 17 September 2021, in presence of First President Chantal Arens and Prosecutor-General François Molins.
Measures will be shortly implemented to follow up on the recommendations of the working group.