BETA

16 Amendments of Paulo RANGEL related to 2011/0901(COD)

Amendment 11 #
Proposal for a regulation
Recital 9 a (new)
(9a) Once the number of Judges of the General Court has been increased, the question of their appointment will naturally arise. Regarding the system for appointing Judges, Member States should agree on rules offering every guarantee as regards the independence and impartiality and the competence and suitability of the persons appointed, as well as making for equality and balance in terms of their home Member States.
2011/11/11
Committee: AFCO
Amendment 14 #
Draft regulation
Recital 9 a (new)
(9a) Once the number of Judges of the General Court has been increased, the question of their appointment will naturally arise. Regarding the system for appointing Judges, Member States should agree on rules offering every guarantee as regards the independence, impartiality, competence and suitability of the persons appointed, and ensuring a balanced composition of the General Court on as broad a geographical basis as possible from among nationals of the Member States.
2012/01/12
Committee: JURI
Amendment 14 #
Proposal for a regulation
Recital 9 b (new)
(9b) To enable the General Court to operate more efficiently and ensure that proceedings can be dealt with and adjudicated on within a reasonable time, the General Court may set up specialised Chambers where this is warranted by the number of proceedings in a given field.
2011/11/11
Committee: AFCO
Amendment 16 #
Draft regulation
Recital 9 b (new)
(9b) To enable the General Court to operate more efficiently and ensure that proceedings can be dealt with and adjudicated on within a reasonable time, the General Court may set up specialised Chambers where this is warranted by the number of proceedings in a given field.
2012/01/12
Committee: JURI
Amendment 16 #
Proposal for a regulation
Recital 9 c (new)
(9c) As regards the internal organisation of the General Court, the office of Vice- President should, following the approach adopted for the Court of Justice, be established for the purpose of assisting the President.
2011/11/11
Committee: AFCO
Amendment 17 #
Draft regulation
Recital 9 c (new)
(9c) As regards the internal organisation of the General Court, the office of Vice- President should, following the approach adopted for the Court of Justice, be established for the purpose of assisting the President.
2012/01/12
Committee: JURI
Amendment 17 #
Proposal for a regulation
Recital 9 d (new)
(9d) In proceedings before the Court of Justice, a Judge should be permitted 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. That possibility exists in several national and international courts, and their reputation and authority have not been undermined as a result. On the contrary, this is a solution which helps to advance judicial practice, offers guarantees of greater transparency, and serves to strengthen the democratic legitimacy of the courts, as it is particularly important to do in this instance, given that the judicial system concerned is one with a strong case law component.
2011/11/11
Committee: AFCO
Amendment 18 #
Draft regulation
Recital 9 d (new)
(9d) In proceedings before the Court of Justice, a Judge should be permitted 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. That possibility exists in several national and international courts, and their reputation and authority have not been undermined as a result. On the contrary, this is a solution which helps to advance judicial practice, offers guarantees of greater transparency, and serves to strengthen the democratic legitimacy of the courts, as it is particularly important to do in this instance, given that the judicial system concerned is one with a strong case law component.
2012/01/12
Committee: JURI
Amendment 19 #
Draft regulation
Recital 10
(10) In order to enable the specialised courts to continue to function satisfactorily in the absence of a Judge who, while not suffering from disablement deemed to be total, is prevented from participating in judicial business for an extended period of time, provision should be made for the possibility of attaching temporary Judges to those courts. The appointment of temporary Judges should offer every guarantee as regards the independence, impartiality, competence and suitability of the persons appointed, and ensure a balanced composition on as broad a geographical basis as possible from among nationals of the Member States.
2012/01/12
Committee: JURI
Amendment 19 #
Proposal for a regulation
Recital 10
(10) In order to enable the specialised courts to continue to function satisfactorily in the absence of a Judge who, while not suffering from disablement deemed to be total, is prevented from participating in judicial business for an extended period of time, provision should be made for the possibility of attaching temporary Judges to those courts. The appointment of temporary Judges should offer every guarantee as regards the independence and impartiality and the competence and suitability of the persons appointed, as well as making for equality and balance in terms of their home Member States.
2011/11/11
Committee: AFCO
Amendment 21 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 - subparagraph 2
The Vice-President shall assist the President of the Court. He shall take the latter’s place when he is prevented from attending, or when the office of President is vacant or at the President’s request. He may also take the President’s place at the President’s request, except where the tasks to be performed are those referred to in Article 39 or that of presiding over the full Court and the Grand Chamber.
2011/11/11
Committee: AFCO
Amendment 22 #
Draft regulation
Article 1 – point 4 a (new)
Protocol on the Statute of the Court of Justice of the European Union
Article 35 – paragraph 1 a (new)
4a. In Article 35 the following sub- paragraph is added: ‘Where a Judge has declared, in the deliberations of the Court of Justice, that he disagrees 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.’
2012/01/12
Committee: JURI
Amendment 23 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
4a. The following paragraph shall be added to Article 35: ‘Where a Judge has declared, in the deliberations of the Court of Justice, that he disagrees 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 of the Court of Justice.’
2011/11/11
Committee: AFCO
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
6a. The first paragraph of Article 47 shall be replaced by the following: Articles 9a, 14, and 15, Article 17, first, second, fourth, and fifth paragraphs, and Article 18 shall apply to the General Court and its members.
2011/11/11
Committee: AFCO
Amendment 26 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
7. In Article 48, the figure ‘27’ shall be replaced by the figure ‘39’. shall be replaced by the following: ‘The General Court shall consist of 39 Judges. When, every three years, the Judges are partially replaced, 20 and 19 Judges shall be replaced alternately.’
2011/11/11
Committee: AFCO
Amendment 29 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
7a. The following new second paragraph shall be added to Article 50: To deal with matters in which there is a high volume of pending cases, the General Court may set up an appropriate number of specialised Chambers to which proceedings in the matters in question shall be assigned. The number of specialised Chambers may not be less than two. The present second and third paragraphs of Article 50 shall become the third and fourth paragraphs.’
2011/11/11
Committee: AFCO