Prosecution Procedure



  • Honorable members of the European Council, realizing the lack of a clear prosecution procedure of the European Union, and after debating with my colleagues in the European Court of Justice, I, Ezekiel T. Lloyd, as a citizen of the European Union, would like to put forth the following proposal to serve as a guideline which nations, organizations and individuals can follow whenever they wish to take an issue to the ECoJ

    Original Jurisdiction

    I. The Plaintiff, the Prosecutor and the Defendant

    Article I

    In a dispute involving two parties, the party who wish to bring a legal action against another party is called the Plaintiff.
    In criminal case involving the Union versus another party, the party who wish to bring a legal action against another party is called the Prosecutor
    The party against whom the legal action is brought is called the Defendant.

    II. Commencement of Suits

    Article I

    The Plaintiff/Prosecutor in order to achieve a case against the Defendant will have to file a Complaint against the other Party at the European Court of Justice.

    Article II

    The Complaint will have the title of Plaintiff/Prosecutor v. Defendant

    Article III

    In the Complaint, the Plaintiff/Prosecutor will state the Cause of Action. The Cause of Action is a set of facts sufficient to justify a right to sue. The Cause of Action generally encompasses both the legal theory (the legal wrong the Plaintiff/Prosecutor claims to have suffered) and the remedy (the relief a court is asked to grant).

    III. Selection of Cases

    Article I

    After the Complaint is filed, within 48 hours, the Chief Justice of the European Court of Justice will summon the other Justices to a Conference to determine whether the Court will accept or reject the case. That is the Chief Justice will open a thread in the Judge's Private Chamber for the Justices to make a decision regarding the case. After 24 hours since the Complaint is filed, the Chief Justice will send personal messages to the other Justices who have not present at the Conference within the first 24 hours.

    Article II

    If the Chief Justice is not available within the first 24 hours since the Petition is filed, another Justice will take the responsibility to open such thread and send personal messages to the other Justices.

    Article III

    If a Justice cannot attend the Conference and do not provide a sufficient explanation for his/her absence, he/she may be impeached by the European Council. The petition to impeach such Justice will be initiated by the Chief Justice; or in case the said Justice is the Chief Justice, another Justice will take the responsibility to file the petition against the Chief Justice.

    Article IV

    After the Conference is organized - that is after maximum 48 hours after the Complaint is filed by the Plaintiff/Prosecutor - the Justices have 24 hours to vote whether to accept or reject the case.

    Article V

    The votes of TWO Justices at the conference will be suffice to grant certiorari - to accept - and place the case on the court's calendar.

    Article VI

    The announcement will be posted in the same thread as the Complaint.

    Article VII

    The total time for this procedure is 72 hours, or three days. This period include the time in which the Justices will discuss and vote on whether to grant certiorari to the case.

    IV. Summon of the Defendant

    Article I

    At the same time as the announcement is made, one Justice, preferably the Chief Justice, will contact the Defendant of the case and request their presence at the Court.

    Article II

    The Defendant has 48 hours to report to the Court.

    Article III

    If the Defendant fails to show up at the Court within 48 hours after the Summon is issued, they will lose the right to defend themselves at the Court and the Case will proceed without the presence of the Defendant.

    Article IV

    The total time for this procedure is 48 hours, or two days.

    V. Hearing of Cases

    Article I

    Filing Briefs: After the Defendant reports to the Court or the Summon period expires, both Parties have 48 hours outline their arguments.

    Article II

    Argument: Within 48 hours after the outlines of the arguments are submitted, both Parties will have a chance to argue for their Case.

    Article III

    The Court will decide whether to extend this period to over 48 hours.

    Article IV

    The approximated time for this procedure is 96 hours, or four days.

    VI. Justices Discussion

    Article I

    Within 48 hours after the presentation of the Plaintiff/Prosecutor and the Defendant, the Justices will meet in a private Conference to decide the Verdict.

    Article II

    The Court will decide whether to extend this period to over 48 hours.

    Article III

    If a Justice cannot attend the Conference and do not provide a sufficient explanation for his/her absence, he/she may be impeached by the European Council. The petition to impeach such Justice will be initiated by the Chief Justice; or in case the said Justice is the Chief Justice, another Justice will take the responsibility to file the petition against the Chief Justice.

    Article IV

    The approximated time for this procedure is 48 hours, or four days.

    VII. Verdicts

    Article I

    After the Justices have reached the final decision, the Chief Justice will announce the Verdict for the Case.

    Court of Appeals

    VIII. Appeals

    Article I

    Within 48 hours after the Verdict is announced, the Plaintiff/Prosecutor and the Defendant will have ONE chance to appeal against the Verdict.

    Article II

    The total time for this procedure is 48 hours, or two days.

    IX. Final Opinion

    Article I

    Within 48 hours after the Appeal is submitted, the Justices will review the case and decide whether to change the Verdict.

    Article II

    A Final Opinion will be announced.

    Article III

    The approximated time for a case without appeal is 264 hours, or 11 days, with appeal is 360 hours, or 15 days.


    Ezekiel Thomas Lloyd
    Justice of the European Court of Justice.

    Reviewed by Jacob Stipe, Jonathan Anaximander Aurelius, Jonas Pfetzing, and Ine Kelander am Daen



  • Aesop Rocks supports this legislation as it is.



  • I would like to add my support of the bill.



  • The Empire endorse the motion and commend the ECoJ for their effort and hard work.



  • The Meritocracy endorses this fine piece of work.


  • administrators

    The USSR abstains.



  • Luvenburg abstains.



  • Satelight votes in favour.



  • Aleutia votes in favour



  • Stadt Luxemburg votes Aye.



  • Passed into Legislation


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