5 Amendments of Morten MESSERSCHMIDT related to 2011/0901(COD)
Amendment 13 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In cases of major importance before the Court of Justice, namely cases concerning fundamental questions pertaining to the legal order of the European Union, there should be the possibility for a Judge to announce, during the Court's deliberations, that he intends to deliver a dissenting opinion as to the judgment or the reasons on which it is based, to be published together with the judgment. This possibility, which exists in numerous constitutional courts of Member States of the European Union and in the European Court of Human Rights, ensures that the public is aware of the fact that there is not a sole answer to the question before the Court and that legally sound alternatives are conceivable, and may thus have an influence on future judicial practice. It contributes, moreover, to a better understanding and, in a legal system which is largely based on case-law such as that of the European Union, to a better interpretation and application of the Court's findings. Dissenting opinions must be utilised in a way that ensures the necessary authority of the Court and does not compromise the secrecy of deliberations. They must be the sole initiative and responsibility of the Judge concerned. At the same time, they enable the majority to give the reasons for their decision in a clear and straightforward manner. Experience has shown that they do not undermine the reputation of those courts in which they are delivered, as the modalities of their delivery are entirely a matter for the court concerned.
Amendment 20 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to avoid any doubts as to the authority of the temporary Judges, it is of the utmost importance that they be elected in a way which does not compromise the authority of the Court and which ensures their total independence,
Amendment 24 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
4a. The following paragraph shall be added to Article 35: ‘In cases concerning fundamental questions pertaining to the legal order of the European Union, where a Judge has declared, in the deliberations of the Court of Justice, his disagreement with the judgment to be delivered or the reasons on which that judgment is based, he shall be entitled to deliver a dissenting opinion. That opinion shall be published together with the judgment. Implementing rules relating to the admissibility, and the detailed procedure for the delivery, of such opinions shall be laid down in the Rules of Procedure.’.
Amendment 33 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
The Parliament and the Council, acting in accordance with Article 257 TFEU, may attach temporary Judges to the specialised courts in order to cover the absence of Judges who, while not suffering from disablement deemed to be total, are prevented from participating in judicial business for an extended period of time. In that event, the Parliament and the Council shall lay down the conditions under which the temporary Judges shall be appointed, their rights and duties, the detailed rules governing the performance of their duties and the circumstances in which they shall cease to perform those duties. (This amendment replaces Amendment 4 of the draft opinion (PE 470.092 v01-00))Those provisions shall ensure, moreover, that the temporary Judges enjoy the same rights and are entitled to assume the same functions as permanent Judges, in order to guarantee the uncompromised authority of the Court's judgments. Or. en
Amendment 40 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) Whilst there is a need for the Court of Justice to introduce a mechanism allowing dissenting opinions to be expressed, this must not jeopardise the independence of Judges; a thorough debate on this issue is needed between experts, practitioners and other interested parties.