2007/2266(REG) | [ParlTrack]

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General Activities Documents Amendments (4) History

2007/2266(REG) EP Rules of Procedure, Rule 121: proceedings before the Court of Justice

Role	Committee	Rapporteur	Shadows
Lead	AFCO	BOTOPOULOS Costas (PSE)

Lead committee dossier: AFCO/6/56575
Legal Basis RoP 227-p1

Subjects

8.40.01.08 Business of Parliament, procedure, sittings, rules of procedure

Links

Activites

2008/09/24 Results of vote in Parliament
- Results of vote in Parliament
- T6-0440/2008 summary
  
  The European Parliament adopted the report by Costas BOTOPOULOS (PES, EL), proposing an amendment of Rule 121 of Parliament's Rules of Procedure on proceedings before the Court of Justice. A new paragraph 3a has been inserted which states that the President shall submit observations or intervene on behalf of Parliament in court proceedings after consulting the committee responsible. Where the President intends to depart from the recommendation of the committee responsible, he shall inform the committee accordingly and shall refer the matter to the Conference of Presidents, stating his reasons. Where the Conference of Presidents takes the view that Parliament should, exceptionally, not submit observations or intervene before the Court of Justice where the legal validity of an act of Parliament is being questioned, the matter shall be submitted to plenary without delay.In cases of urgency, the President may take precautionary action in order to comply with the time limits prescribed by the court concerned. In such cases, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.Interpretation: Nothing in the Rules prevents the committee responsible from deciding on appropriate procedural arrangements for the timely transmission of its recommendation in cases of urgency.
2008/09/23 Debate in Parliament
- Debate in Parliament
2008/07/24 Committee report tabled for plenary, single reading
- A6-0324/2008
2008/07/16 Vote in committee, 1st reading/single reading
2008/03/13 Committee referral announced in Parliament, 1st reading/single reading

Documents

Committee report tabled for plenary, single reading: A6-0324/2008
Debate in Parliament: Debate in Parliament
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading/single reading: T6-0440/2008

Amendments	Dossier
4	2007/2266(REG) 2008/06/25 AFCO 4 amendments... Amendment 2 # Giuseppe GARGANI Parliament's Rules of Procedure Rule 121 - paragraph 3 3. The President shall ~~bring an action on behalf of Parliament in accordance with the recommendation of~~submit observations or intervene on behalf of Parliament in any court proceedings, after consulting the committee responsible. AtIf the start of the following part-session, he may put to plenary the decision on maintaining the action. Should plenary rule against the action by a majority of the votes cast, he shall withdraw it. Should the President bring an action contrary toPresident intends to depart from the opinion of the committee responsible, the matter shall be submitted to plenary without delay. In cases of urgency, the President may act provisionally on the basis of the recommendation of the Chairman of the committee responsible~~, he shall put to plenary, at the start of the following part- session, the decision on maintaining the action~~. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity. Amendment 3 # Francesco Enrico SPERONI Parliament's Rules of Procedure Rule 121 - paragraph 3 a (new) 3a. The President shall submit observations or intervene on behalf of Parliament in cases before the Community courts, after consulting the committee responsible. If the President intends to depart from the opinion of the committee responsible, he shall inform the Conference of Presidents. Where the Conference of Presidents takes the view that it is not necessary to submit observations or intervene before the Court of Justice in a case concerning the validity of an act adopted jointly by Parliament and the Council, the matter shall be submitted to plenary without delay. The President may, after consulting the standing rapporteur for contentious matters of the committee responsible, act provisionally, where this is necessary, in order to comply with the deadlines required by the Court of Justice. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity. Amendment 4 # Richard CORBETT Parliament's Rules of Procedure Rule 121 - paragraph 3 a (new) 3a. The President shall submit observations or intervene on behalf of Parliament in cases before the Community courts, after consulting the committee responsible. If the President intends to depart from the opinion of the committee responsible, he shall inform the Conference of Presidents. Where the Conference of Presidents takes the view that, for reasons related to new legal circumstances, it is not necessary to submit observations or intervene in a case before the Court of Justice concerning the validity of an act adopted jointly by Parliament and the Council, the matter shall be submitted to plenary without delay. The President may act provisionally where this is necessary in order to comply with the deadlines required by the Court of Justice. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity. Amendment 5 # Costas BOTOPOULOS Parliament's Rules of Procedure Rule 121 - paragraph 3 a (new) 3a. The President shall submit observations or intervene on behalf of Parliament in cases before the Community courts, after consulting the committee responsible. If the President intends to depart from the recommendation of the committee responsible, he shall inform the committee responsible and the Conference of Presidents, stating the reasons for his decision. Where the Conference of Presidents takes the view that Parliament shall not submit observations or intervene before the Court of Justice in a case concerning the validity of an act adopted jointly by Parliament and the Council, the matter shall be submitted to plenary without delay. In case of urgency, the President may take precautionary action in order to comply with the deadlines required by the Court of Justice. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity. source: PE-407.986

Amendments

Dossier

4

2007/2266(REG)

2008/06/25 AFCO 4 amendments...

Amendment 2 #

Giuseppe GARGANI

Parliament's Rules of Procedure
Rule 121 - paragraph 3

3. The President shall ~~bring an action on behalf of Parliament in accordance with the recommendation of~~submit observations or intervene on behalf of Parliament in any court proceedings, after consulting the committee responsible. AtIf the start of the following part-session, he may put to plenary the decision on maintaining the action. Should plenary rule against the action by a majority of the votes cast, he shall withdraw it. Should the President bring an action contrary toPresident intends to depart from the opinion of the committee responsible, the matter shall be submitted to plenary without delay. In cases of urgency, the President may act provisionally on the basis of the recommendation of the Chairman of the committee responsible~~, he shall put to plenary, at the start of the following part- session, the decision on maintaining the action~~. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.

Amendment 3 #

Francesco Enrico SPERONI

Parliament's Rules of Procedure
Rule 121 - paragraph 3 a (new)

3a. The President shall submit observations or intervene on behalf of Parliament in cases before the Community courts, after consulting the committee responsible. If the President intends to depart from the opinion of the committee responsible, he shall inform the Conference of Presidents. Where the Conference of Presidents takes the view that it is not necessary to submit observations or intervene before the Court of Justice in a case concerning the validity of an act adopted jointly by Parliament and the Council, the matter shall be submitted to plenary without delay. The President may, after consulting the standing rapporteur for contentious matters of the committee responsible, act provisionally, where this is necessary, in order to comply with the deadlines required by the Court of Justice. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.

Amendment 4 #

Richard CORBETT

Parliament's Rules of Procedure
Rule 121 - paragraph 3 a (new)

3a. The President shall submit observations or intervene on behalf of Parliament in cases before the Community courts, after consulting the committee responsible. If the President intends to depart from the opinion of the committee responsible, he shall inform the Conference of Presidents. Where the Conference of Presidents takes the view that, for reasons related to new legal circumstances, it is not necessary to submit observations or intervene in a case before the Court of Justice concerning the validity of an act adopted jointly by Parliament and the Council, the matter shall be submitted to plenary without delay. The President may act provisionally where this is necessary in order to comply with the deadlines required by the Court of Justice. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.

Amendment 5 #

Costas BOTOPOULOS

Parliament's Rules of Procedure
Rule 121 - paragraph 3 a (new)

3a. The President shall submit observations or intervene on behalf of Parliament in cases before the Community courts, after consulting the committee responsible. If the President intends to depart from the recommendation of the committee responsible, he shall inform the committee responsible and the Conference of Presidents, stating the reasons for his decision. Where the Conference of Presidents takes the view that Parliament shall not submit observations or intervene before the Court of Justice in a case concerning the validity of an act adopted jointly by Parliament and the Council, the matter shall be submitted to plenary without delay. In case of urgency, the President may take precautionary action in order to comply with the deadlines required by the Court of Justice. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.

source: PE-407.986

History

(these mark the time of scraping, not the official date of the change)

2019-07-06Show (11) Changes | Timetravel

activities	date: 2008-03-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: AFCO date: 2007-11-22T00:00:00 committee_full: Constitutional Affairs rapporteur: group: PSE name: BOTOPOULOS Costas date: 2008-07-16T00:00:00 body: EP committees: body: EP responsible: True committee: AFCO date: 2007-11-22T00:00:00 committee_full: Constitutional Affairs rapporteur: group: PSE name: BOTOPOULOS Costas type: Vote in committee, 1st reading/single reading date: 2008-07-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-324&language=EN type: Committee report tabled for plenary, single reading title: A6-0324/2008 body: EP type: Committee report tabled for plenary, single reading date: 2008-09-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080923&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2008-09-24T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=15406&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-440 type: Decision by Parliament, 1st reading/single reading title: T6-0440/2008 body: EP type: Results of vote in Parliament
committees/0	type Responsible Committee body EP associated False committee_full Constitutional Affairs committee AFCO date 2007-11-22T00:00:00 rapporteur name: BOTOPOULOS Costas group: Socialist Group in the European Parliament abbr: PSE
committees/0	body EP responsible True committee AFCO date 2007-11-22T00:00:00 committee_full Constitutional Affairs rapporteur group: PSE name: BOTOPOULOS Costas
docs	date: 2008-05-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE402.934 title: PE402.934 type: Committee draft report body: EP date: 2008-06-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE407.986 title: PE407.986 type: Amendments tabled in committee body: EP date: 2008-07-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-324&language=EN title: A6-0324/2008 type: Committee report tabled for plenary, single reading body: EP date: 2008-10-17T00:00:00 docs: url: /oeil/spdoc.do?i=15406&j=0&l=en title: SP(2008)6073 type: Commission response to text adopted in plenary
events	date: 2008-03-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP date: 2008-07-16T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Constitutional Affairs adopted the report by Costas BOTOPOULOS (PES, EL), proposing an amendment of Rule 121 of Parliament's Rules of Procedure on proceedings before the Court of Justice. Recall that, by letter dated 26 September 2007, the Chairman of the Committee on Legal Affairs presented a proposal to the Chairman of the Committee on Constitutional Affairs concerning the interpretation of Rule 121 of Parliament's Rules of Procedure. In his letter, Mr Gargani sought clarification from the Committee on Constitutional Affairs as to whether this Rule, and in particular paragraph 3, refers only to actions brought by Parliament before the Court of Justice or whether it can be interpreted so as to also include observations and interventions by Parliament before the Court. Rule 121 is entitled 'Proceedings before the Court of Justice', while paragraph 3 refers expressly to 'actions' brought before the Court by the President on behalf of Parliament. Hence, Rule 121(3) applies when Parliament initiates judicial proceedings. There are also other types of proceedings brought before the Court of Justice in the course of which Parliament may have an interest to intervene or submit observations in accordance with the provisions of the Statute of the Court. This is notably the case in preliminary proceedings where the validity of a legislative act is being questioned and in particular where this act has been jointly adopted by the Parliament and the Council. According to current practice, in these cases the Committee on Legal Affairs is consulted on the appropriateness of presenting observations before the Court of Justice, while the President of Parliament takes the final decision. According to the Rapporteur, it appears evident that Rule 121(3) in its present form applies only to 'actions' initiated by Parliament and does not cover 'observations' or 'interventions' in judicial procedures. For reasons of completeness and legal certainty, the Committee on Constitutional Affairs considers that a new paragraph should be added to Rule 121 in order to incorporate in the Rules of Procedure the established practice of the President to submit observations or intervene before the Court on behalf of Parliament upon a recommendation of the Committee on Legal Affairs. The new paragraph shall also lay down the procedure to be followed when a divergence of views arises between the President and the committee responsible. Where the President intends to depart from the recommendation of the committee responsible, he shall inform the committee accordingly and shall refer the matter to the Conference of Presidents, stating his reasons. Where the Conference of Presidents takes the view that Parliament should, exceptionally, not submit observations or intervene before the Court of Justice where the legal validity of an act of Parliament is being questioned , the matter shall be submitted to plenary without delay. In cases of urgency, the President may take precautionary action in order to comply with the time limits prescribed by the court concerned. In such cases, the procedure provided for in the new paragraph shall be implemented at the earliest opportunity. Nevertheless, the committee responsible can decide on appropriate procedural arrangements so as to transmit its recommendation in time. This possibility is clarified by means of an interpretation contained in the amendment adopted by the Committee on Constitutional Affairs. date: 2008-07-24T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-324&language=EN title: A6-0324/2008 date: 2008-09-23T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080923&type=CRE title: Debate in Parliament date: 2008-09-24T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=15406&l=en title: Results of vote in Parliament date: 2008-09-24T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-440 title: T6-0440/2008 summary: The European Parliament adopted the report by Costas BOTOPOULOS (PES, EL), proposing an amendment of Rule 121 of Parliament's Rules of Procedure on proceedings before the Court of Justice. A new paragraph 3a has been inserted which states that the President shall submit observations or intervene on behalf of Parliament in court proceedings after consulting the committee responsible. Where the President intends to depart from the recommendation of the committee responsible, he shall inform the committee accordingly and shall refer the matter to the Conference of Presidents, stating his reasons. Where the Conference of Presidents takes the view that Parliament should, exceptionally, not submit observations or intervene before the Court of Justice where the legal validity of an act of Parliament is being questioned, the matter shall be submitted to plenary without delay. In cases of urgency, the President may take precautionary action in order to comply with the time limits prescribed by the court concerned. In such cases, the procedure provided for in this paragraph shall be implemented at the earliest opportunity. Interpretation : Nothing in the Rules prevents the committee responsible from deciding on appropriate procedural arrangements for the timely transmission of its recommendation in cases of urgency. date: 2008-09-24T00:00:00 type: End of procedure in Parliament body: EP
links
other
procedure/dossier_of_the_committee	Old AFCO/6/56575 New AFCO/6/56575
procedure/legal_basis/0	Rules of Procedure EP 227-p1
procedure/legal_basis/0	Rules of Procedure of the European Parliament EP 227-p1
procedure/subject	Old 8.40.01.08 Business of Parliament, procedure, sittings, rules of procedure New 8.40.01.08 Business of Parliament, procedure, sittings, rules of procedure

2014-11-10Show (5) Changes

activities	date: 2008-03-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: AFCO date: 2007-11-22T00:00:00 committee_full: Constitutional Affairs rapporteur: group: PSE name: BOTOPOULOS Costas date: 2008-07-16T00:00:00 body: EP committees: body: EP responsible: True committee: AFCO date: 2007-11-22T00:00:00 committee_full: Constitutional Affairs rapporteur: group: PSE name: BOTOPOULOS Costas type: Vote in committee, 1st reading/single reading date: 2008-07-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-324&language=EN type: Committee report tabled for plenary, single reading title: A6-0324/2008 body: EP type: Committee report tabled for plenary, single reading date: 2008-09-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080923&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2008-09-24T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=15406&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-440 type: Decision by Parliament, 1st reading/single reading title: T6-0440/2008 body: EP type: Results of vote in Parliament
committees	body: EP responsible: True committee: AFCO date: 2007-11-22T00:00:00 committee_full: Constitutional Affairs rapporteur: group: PSE name: BOTOPOULOS Costas
links
other
procedure	dossier_of_the_committee AFCO/6/56575 reference 2007/2266(REG) title EP Rules of Procedure, Rule 121: proceedings before the Court of Justice legal_basis Rules of Procedure of the European Parliament EP 227-p1 stage_reached Procedure completed subtype Rules type REG - Parliament's Rules of Procedure subject 8.40.01.08 Business of Parliament, procedure, sittings, rules of procedure

Activites

Documents

History

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