[ParlTrack]

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 1

(1) As a consequence of the progressive expansion of its jurisdiction since its creation, the number of cases before the General Court has been steadily increasing over the years, ~~resulting over time in an increase in the number of cases pending before that Court. This has an impact on the duration of proceedings.~~ but this increase has been largely offset by rationalisation measures and productivity gains in that Court already under way. It is thus not necessary to increase the number of Judges.

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 2

(2) At present, the duration of proceedings does not appear to be acceptable from the point of view of litigants, particularly in the light of the requirements set out in Article 47 of the Charter of Fundamental Rights of the European Union and in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.deleted

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 3

(3) The situation in which the General Court finds itself has structural causes relating, inter alia, to the increase in the number and variety of legal acts of the institutions, bodies, offices and agencies of the Union, as well as to the volume and complexity of the cases brought before the General Court, particularly in the areas of competition and State aid.deleted

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 4

(4) Consequently, the necessary measures should be taken to address this situation, and the making use of the possibility, provided for by the Treaties, of increasing the number of Judges of the General Court would allow for a reduction within a short time of both the volume of pending cases and the excessive duration of proceedings before the General Court.deleted

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 6

(6) In order to rapidly reduce the backlog of pending cases, twelve additional Judges should take office ….2. __________________ 2* OJ: insert "in September 2015", or "upon entry into force of this Regulation" if the date of entry into force of this Regulation is after 31 August 2015.deleted

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 7

(7) In September 2016, first instance jurisdiction in Union civil service cases, and the seven posts of the Judges sitting at the European Union Civil Service Tribunal, should be transferred to the General Court, on the basis of a future legislative request by the Court of Justice.deleted

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 8

(8) In September 2019, the remaining nine additional Judges should take office. In order to ensure cost effectiveness, this should not entail the recruitment of additional legal secretaries or other support staff. Internal re-organisation measures within the institution should ensure that efficient use be made of existing human resources.deleted

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 9

(9) It is necessary to adapt accordingly the provisions of the Statute of the Court of Justice of the European Union on the partial replacement of Judges and Advocates-General that takes place every three years.deleted

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Recital 9 a (new)

(9a) It is highly recommended that 19 law clerks be appointed, in order that every Judge may have an additional law clerk (taking into account the nine already appointed in 2014). Staffing levels in the Registry and the translation services should also be increased.

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON, António MARINHO E PINTO

Proposal for a regulation
Article 1 – point -1 (new)

Protocol No 3
Article 4 a (new)

-1) Article 4a is added: "Article 4a In order to respect the separation of powers, under no circumstances may a former Member of the European Parliament become a Judge of the Court of Justice of the European Union. Likewise, EU officials directly involved in the decision-making and legislative process of the European Union may not become Judges at the Court of Justice of the European Union."

2015/09/25
Committee: JURI

Marie-Christine BOUTONNET, Gilles LEBRETON

Proposal for a regulation
Article 2

The term of office of the additional Judges of the General Court to be appointed pursuant to Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union shall be as follows: (a) The term of office of six of the twelve additional Judges to be appointed as from … 4, shall end on 31 August 2016. Those six Judges shall be chosen by lot. The term of office of the other six Judges shall end on 31 August 2019; (b) The term of office of three of the seven additional Judges to be appointed as from 1 September 2016 shall end on 31 August 2019. Those three Judges shall be chosen by lot. The term of office of the other four Judges shall end on 31 August 2022; (c) The term of office of four of the nine additional Judges to be appointed as from 1 September 2019 shall end on 31 August 2022. Those four Judges shall be chosen by lot. The term of office of the other five Judges shall end on 31 August 2025. __________________ 4* OJ: insert "1 September 2015", or the date of entry into force of this Regulation if that date is after 1 September 2015.Article 2 deleted

2015/09/25
Committee: JURI

Activities of Gilles LEBRETON related to 2011/0901B(COD)

Legal basis opinions (0)

Amendments (11)

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