Winners and Losers in Luxembourg: A Statistical Analysis of Judicial Review Before the ECJ and the CFI (2001-2005)

Abstract

This article provides a statistical analysis of actions for the judicial review of Community measures between 2001 to 2005. It addresses, among others, the following questions: What is the rate of success of judicial review applications? What percentage of cases fails on admissibility and what percentage on merits? Which grounds of review are more likely to succeed? Does the rate of success differ depending on the type of applicant, the subject matter of the case or the Court formation? Far from being merely a quantitative exercise, the determination of the rate of success of judicial review applications provides a measure of the effectiveness of judicial review, enables us to identify the “values gap” between the judiciary and the other branches of government, and reflects a constitutional equilibrium within a given polity.