The fourth chapter deals with the ECJ’s present role in the EU’s political system and how its procedural and organisational law might need to be adapted to better reflect it. The chapter first explains how in recent years, notably through the Treaty of Lisbon, the ECJ’s mandate has been modified. It argues that the Court is no longer only concerned with ensuring the autonomy and effectiveness of EU law, but that it is also a democratic organ of the EU polity, whose decisions need to be responsive to EU citizens. To ensure democratic responsiveness, the chapter argues, the ECJ’s procedural and organisational law needs to be further developed. The chapter makes concrete proposals by applying the Treaty on European Union’s democratic principles to the ECJ’s procedural and organisational law. It discusses, among other things, the role of the European Parliament in selecting ECJ members the place of NGOs and civil society in ECJ proceedings, the interaction between the Advocate General and the judges, the composition of the ECJ’s chambers and the mechanism for case assignment and make suggestions how to better reflect the concern for the ECJ’s democratic responsiveness.

This chapter examines the WTO Appellate Body, describing the origins and structure of the Appellate Body. The chapter goes step-by-step through the appellate process. It discusses some of the issues that have arisen regarding the scope of appellate review, including the distinction between questions of law and questions of fact; the treatment of municipal law; remand authority; judicial economy; and appeals under Article 11 of the DSU. The chapter provides a detailed explanation of the current crisis in the WTO Appellate Body and describes the efforts that have been made to resolve the impasse, includingg the so-called Walker Process and the MPIA arrangement that has been set up by several Members as a temporary alternative to the Appellate Body.