[ParlTrack]

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.deleted

2015/09/25
Committee: JURI

António MARINHO E PINTO

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

António MARINHO E PINTO

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

António MARINHO E PINTO

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

António MARINHO E PINTO

Proposal for a regulation
Recital 5

(5) Taking into account the likely evolution of the workload of the General Court, the number of Judges should be fixed at 56 at the end of a three-stage process, it being understood that at no point of time can there be more than two Judges sitting at the General Court appointed upon a proposal by the same Member Statehe maximum number of Judges in the General Court should be fixed at 40. It is a matter for that Court to justify the precise number of additional Judges deemed necessary.

2015/09/25
Committee: JURI

António MARINHO E PINTO

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* "upon entry into force of this Regulation" if the date of entry into force of this Regulation is after 31 August 2015.deleted OJ: insert "in September 2015", or

2015/09/25
Committee: JURI

António MARINHO E PINTO

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

António MARINHO E PINTO

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

António MARINHO E PINTO

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

António MARINHO E PINTO

Proposal for a regulation
Recital 9 a (new)

(9a) Nineteen legal secretaries should be appointed in order that every Judge may have an additional legal secretary (taking into account the nine appointed in 2014), this being an arrangement already existing within the Court of Justice.

2015/09/25
Committee: JURI

António MARINHO E PINTO

Proposal for a regulation
Recital 9 b (new)

(9b) The European Parliament and the Council should establish a joint committee of experts to examine the functioning of justice within the Union and submit proposals for improvements, if necessary.

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

António MARINHO E PINTO

Proposal for a regulation
Article 1 – point 2

Protocol No 3
Article 48

(2) Article 48 is replaced by the following : "Article 48 The General Court shall consist of: (a) 40 Judges as from …*; (b) 47 Judges as from 1 September 2016; (c) two Judges per Member State as from 1 September 2019.". __________________ * OJ: insert "1 September 2015", or the date of entry into force of this Regulation if that date is after 1 September 2015 at least one Judge per Member State; the total number of Judges of the General Court may not exceed forty. This increase by twelve additional Judges shall be permitted only if the General Court provides objective evidence of an extra workload.

2015/09/25
Committee: JURI

António MARINHO E PINTO

Proposal for a regulation
Article 2 – point a

(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; __________________ 4* date of entry into force of this Regulation if that date is after 1 September 2015.deleted OJ: insert "1 September 2015", or the

2015/09/25
Committee: JURI

António MARINHO E PINTO

Proposal for a regulation
Article 2 – point b

(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;deleted

2015/09/25
Committee: JURI

António MARINHO E PINTO

Proposal for a regulation
Article 2 – point c

(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.deleted

2015/09/25
Committee: JURI

Activities of António MARINHO E PINTO related to 2011/0901B(COD)

Plenary speeches (4)

Reports (1)

Amendments (16)

ParlTrack - 2011-2024