15 Amendments of Daniel BUDA related to 2011/0901B(COD)
Amendment 18 #
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
having regard to the Treaty on European Union, and in particular Article 19(2) thereof,
Amendment 22 #
Proposal for a regulation
Recital 1
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 considerably and steadily increasing over the years, resulting over time in an increase in the number and complexity of cases pending before that Court. This has an particular impact on the duration of proceedings.
Amendment 28 #
Proposal for a regulation
Recital 2
Recital 2
(2) At present, the duration of proceedings doeis 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.
Amendment 33 #
Proposal for a regulation
Recital 3
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 actislative and regulatory activities 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.
Amendment 38 #
Proposal for a regulation
Recital 4
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.Does not affect the English version)
Amendment 44 #
Proposal for a regulation
Recital 5
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, two judges each being appointed upon a proposal by each of the Member States, 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 State.
Amendment 51 #
Proposal for a regulation
Recital 6
Recital 6
(6) In the first stage, in order to rapidly reduce the backlog of pending cases, twelve additional Judges should take office ….2. __________________ 2 "uponfrom the date of entry into force of this Regulation" if the date of entry into force of this Regulation is after 31 August 2015.; given that the current arrangement, under which Judges are appointed by each Member State, cannot be applied when there are more judges than Member States, a temporary transitional solution needs to be identified to resolve the problem of the state of origin of the additional Judges. The additional Judges should be appointed exclusively on the basis of their professional and personal suitability, taking into account 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 State. OJ: insert "in September 2015", or
Amendment 59 #
Proposal for a regulation
Recital 7
Recital 7
(7) In September 2016One year after the date of entry into force of this Regulation, 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.
Amendment 66 #
Proposal for a regulation
Recital 8
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. Iorder to ensure cost effectiveness, internal re-organisation measures within the institution should ensure that efficient use be made of already existing human resources.
Amendment 73 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to apply the provisions of this Regulation, 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.
Amendment 90 #
Proposal for a regulation
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Protocol No 3
Article 48
Article 48
(a) 40 Judges as from …3; __________________ 3 OJ: insert "1 September 2015", or the date of entry into force of this Regulation if that date is after 1 September 2015.;
Amendment 94 #
Proposal for a regulation
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Protocol No 3
Article 48
Article 48
(b) 47 Judges as from 1 September 2016, one year after the date of entry into force of this Regulation;
Amendment 99 #
Proposal for a regulation
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Protocol No 3
Article 48
Article 48
(c) 56 Judges, i.e. two Judges per Member State as from 1 September 2019.".
Amendment 112 #
Proposal for a regulation
Article 2 – point a
Article 2 – point a
Amendment 114 #
Proposal for a regulation
Article 2
Article 2
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: (a1) The term of office of six of the twelve additional Judges to be appointed as from … 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 Augustfollowing transitional period shall apply from the entry into force of this Regulation until 1 September 2019;: (ba) The term of office of three of the see twelven 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 Judgesthe date of entry into force of this Regulation shall end on 31 August 202219; (cb) The term of office of four of the nine the seven 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.transferred from the Civil Service Tribunal or to be appointed one year after the date of entry into force of this Regulation shall end on 31 August 2019; (2) From 1 September 2019, each Member State shall designate one Judge, so that 28 Judges will join the 28 Judges already sitting at the General Court.”