Activities of Patrick BREYER related to 2022/0906(COD)
Shadow reports (1)
REPORT on the draft regulation of the European Parliament and of the Council amending Protocol No 3 on the Statute of the Court of Justice of the European Union
Amendments (15)
Amendment 28 #
Draft Regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The transfer to the General Court of a part of the competence to examine requests for preliminary ruling should enable the Court of Justice to allocate more time and resources to the examination of more complex and sensitive requests for preliminary ruling. In this context, and as the Court of Justice is increasingly required to rule on matters of a constitutional nature and related to human rights and the Charter of Fundamental rights, transparency and openness of the judicial process should be strengthened. To this regard, the Statute should be modified to ensure that all documents deposited with the Registrar by the parties or by any third party in connection with an application shall be accessible to the public in accordance with arrangements and exceptions set out in the Statute and the Rules of Procedure. This is in line with the principle of open decision-making. Transparency increases accountability and builds trust in the European Union and in European law.
Amendment 29 #
Draft Regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The non-application of Court of Justice rulings by some national courts for ‘ultra vires’ reasons represents a fundamental challenge to the unity of the Union. A dialogue between the Court of Justice and national courts could allow for developing solutions and avoiding clashes. To this end, a new voluntary conciliation mechanism should be created where tensions between EU law and national constitutional law are foreseen, notably in ultra vires cases.
Amendment 38 #
Draft Regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) As soon as the Court of Justice receives a request for a preliminary ruling, the request would be transmitted immediately by the Registry to the President, the Vice-President and the First Advocate General. If, after analysing the request for a preliminary ruling and having heard the Vice- President and the First Advocate General, the President were to consider that the request came within one or more specific areas, the request would be transmitted immediately by the Registry to the General Court Registry, and the case would be dealt with by the General Court. If, having carried out the analysis referred to above and having heard the Vice-President and the First Advocate General, the President were however to consider that the request for a preliminary ruling came, at least partly, within areas other than the specific areas, the request would be dealt with by the Court of Justice. In the event of doubt, the request for a preliminary ruling would remain with the Court of Justice, which would then decide without delay whether the request related exclusively to one or more specific areas or whether it also related to other areas. In the first scenario, the request would be transmitted by the Registry to the General Court Registry and would be dealt with by the General Court. In the second scenario, the request would be dealt with by the Court of Justice, in accordance with the usual provisions of its Rules of Procedure.
Amendment 41 #
Draft Regulation
Recital 8 b (new)
Recital 8 b (new)
Amendment 42 #
Draft Regulation
Recital 8 c (new)
Recital 8 c (new)
(8c) When a new question of principle is raised during the proceedings, which relates to primary law, general principles of law or the Charter of Fundamental Rights and which is not settled by well- established case law of the Court of Justice, the General Court should make use of the referral mechanism provided for in Article 256(3) TFEU.
Amendment 44 #
Draft Regulation
Recital 8 d (new)
Recital 8 d (new)
(8d) Issues related to the jurisdiction of the CJEU or admissibility of the preliminary rulings, raised explicitly or implicitly, shall be determined by the General Court if the case is transferred to it under the transfer mechanism, or by the Court of Justice if the preliminary rulings remain within its jurisdiction.
Amendment 46 #
Draft Regulation
Recital 11 a (new)
Recital 11 a (new)
Amendment 48 #
Draft Regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to strengthen the preliminary rulings transferred to the General Court, the preliminary reference procedure should be opened for objective third party interventions (amicus curiae briefs) that assist the Court in interpreting and applying the law. Such third party interventions are objective so that they do not need to support the form of the order sought by one of the parties. In order to prevent abuses and limit the workload for the General Court, objective amicus curiae briefs should need to be submitted by legal persons that are non-profit and representative in the European Union. Representativeness should require to be active in at least four Member States. Such legal persons should need to show that the objectives that these persons pursue according to their statute is connected to the matter of the case, in which they intend submit amicus curiae briefs. Such mechanism would also lead to a greater consideration of views from the civil society. Opening the preliminary reference procedure for amicus curiae briefs at the General Court would also require an equal opening of the preliminary reference procedure at the Court of Justice. The Court should adopt detailed guidelines on the acceptance, transmission, and custody of amicus curiae briefs.
Amendment 50 #
Draft Regulation
Article -1 (new)
Article -1 (new)
Amendment 51 #
Draft Regulation
Article -1 a (new)
Article -1 a (new)
Article -1a The following Article is inserted in the Statute: ‘Article 23b If in a case governed by the third paragraph of Article 267 of the Treaty on the Functioning of the European Union the referring court or tribunal questions whether the Union acted within its competences (ultra vires) and whether, in consequence, its action is legally binding, the Court of Justice may invite the referring court or tribunal to participate on a voluntary basis in an oral dialogue with a view to resolving the potential conflict.’
Amendment 53 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice
Article 50 b – paragraph 1 a (new)
Article 50 b – paragraph 1 a (new)
1a. The General Court shall rule only on issues that do not entail examination and interpretation of primary law, general principles of law or the Charter of Fundamental Rights, except for issues on which there is already settled and well- established case law of the Court of Justice.
Amendment 54 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice
Article 50 b – paragraph 2
Article 50 b – paragraph 2
2. Every request for a preliminary ruling made under Article 267 of the Treaty on the Functioning of the European Union shall be submitted to the Court of Justice. After verifying, in accordance with the detailed rules set out in its Rules of Procedure, that the request for a preliminary ruling comes exclusively within one or within several of the areas to which paragraph 1 refers, the Court of Justice shall transmit that request to the General Court.
Amendment 57 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice
Article 50 b – paragraph 2 a (new)
Article 50 b – paragraph 2 a (new)
2a. The request for a preliminary ruling shall be transmitted immediately by the Registry to the President, the Vice- President and the First Advocate General. After analysing the request for a preliminary ruling and having heard the Vice-President and the First Advocate General, the President shall consider whether that request for a preliminary ruling comes exclusively within one or within several of the areas to which paragraph 1 refers. In this event, the Court of Justice shall transmit that request to the General Court. In the event of doubt, the request for a preliminary ruling shall remain with the Court of Justice, which shall then decide without delay whether the request related exclusively to one or more specific areas or whether it also related to other areas.
Amendment 67 #
Draft Regulation
Article 3 a (new)
Article 3 a (new)
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 40 – paragraph 5
Article 40 – paragraph 5
Article 3a The following paragraph is added to Article 40 of the Statute: ‘In derogation from the second and fourth paragraph, any legal person that is non-profit and representative, as further specified in the detailed rules set out in the Rules of Procedure of the Court and the General Court, may submit their opinion to the Court of Justice or the General Court in cases related to matters that are connected with objectives pursed by the legal person as set out in its statute.’
Amendment 71 #
Draft Regulation
Article 5 a (new)
Article 5 a (new)
Article 5a By five years after the entry into force of this Regulation at the latest, the Court of Justice shall draw up a report, for the European Parliament, the Council and the Commission on the implementation of the current revision on the transfer of jurisdiction to hear and determine requests for a preliminary ruling. In particular, this report shall focus on the list of specific areas identified and whether it should be amended.