4 Amendments of László TRÓCSÁNYI related to 2022/0906(COD)
Amendment 9 #
Draft Regulation
Recital 4
Recital 4
(4) For reasons of legal certainty, the areas in which jurisdiction to give preliminary rulings is conferred on the General Court must be clearly defined and sufficiently separable from other areas. Furthermore, those areas must have given rise to a substantial body of case-law of the Court of Justice which is capable of guiding the General Court in the exercise of its jurisdiction to give preliminary rulingsIn the interests of the principle of the rule of law and legal certainty, the areas that come within the jurisdiction of the Court of Justice must be clearly separated from those of the General Court, and their assignment must not be based on discretionary decisions. In so far as a given area falls within the jurisdiction of both the Court of Justice and the General Court, the Court of Justice shall deal with it.
Amendment 14 #
Draft Regulation
Recital 8
Recital 8
(8) Having regard to the substantive criterion applicable to the distribution between the Court of Justice and the General Court of jurisdiction to give preliminary rulings, it is necessary, for reasons of legal certainty and expedition, for the referring courts not themselves to decide the question as to which of the Courts of the Union has jurisdiction to hear and determine a request for a preliminary ruling. Every request for a preliminary ruling must therefore be submitted to a single court, namely the Court of Justice, which will determine, in accordance with detailed rules to be set out in its Rules of Procedure, whether the request falls exclusively within one or several specific defined areas laid down in the Statute of the Court of Justice of the European Union and, accordingly, whether that request must be dealt with by the General Court. The Court of Justice will continue to have jurisdiction to adjudicate on requests for a preliminary ruling that, notwithstanding that they may be connected to those specific areas, also concern other areas, since the first subparagraph ofThe principle of legal certainty and speed demands that there is a clear division of jurisdiction between the Court of Justice and the General Court. In accordance with the provisions of Article 2 of this Regulation, the areas defined in Article 256(3)50b of the Treaty on the Functioning of the European Union does not provide any possibility of transferring to the General Court jurisdiction to give preliminary rulings in areas other than the specific areasStatute shall be handled by the Court of Justice.
Amendment 36 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
Article 50b(1)
Article 50b(1)
(1) The General Court shall have exclusive jurisdiction to hear and determine requests for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union that come exclusively within one or several of the following specific areas:
Amendment 43 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
Article 50b(2)
Article 50b(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 Courtcourt that has jurisdiction.