BETA


2015/0906(COD) Transfer to the General Court of jurisdiction at first instance in disputes between the EU and its servants

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI DELVAUX Mady (icon: S&D S&D) ZWIEFKA Tadeusz (icon: PPE PPE), MARINHO E PINTO António (icon: ALDE ALDE), HAUTALA Heidi (icon: Verts/ALE Verts/ALE), FERRARA Laura (icon: EFDD EFDD), BOUTONNET Marie-Christine (icon: ENF ENF), LEBRETON Gilles (icon: ENF ENF)
Committee Opinion AFCO HÜBNER Danuta Maria (icon: PPE PPE) Mercedes BRESSO (icon: S&D S&D), Morten MESSERSCHMIDT (icon: ECR ECR)
Committee Legal Basis Opinion JURI VOSS Axel (icon: PPE PPE)
Lead committee dossier:

Events

2016/07/26
   Final act published in Official Journal
Details

PURPOSE: transfer to the General Court of the European Union of jurisdiction, at first instance, in disputes between the Union and its servants.

LEGISLATIVE ACT: Regulation (EU, Euratom) 2016/1192 of the European Parliament and of the Council on the transfer to the General Court of jurisdiction at first instance in disputes between the European Union and its servants.

CONTENT: the Regulation sets the date on which the transfer of jurisdiction to the General Court to rule at first instance on disputes between the Union and its servants is to take effect as 1 September 2016 .

The General Court should try European Union civil service cases taking into account the specific features of disputes in that field, including by examining the possibilities for amicable settlement at all stages of the procedure.

In order to ensure the efficient conduct of proceedings in the cases pending before the Civil Service Tribunal on the date of transfer, and to lay down the rules applicable to appeals under examination as at that date, or brought subsequently, against decisions of that Tribunal, the Regulation lays down provisions for appropriate transitional arrangements concerning the transfer to the General Court of European Union civil service cases.

Council Decision 2004/752/EC, Euratom establishing the European Union Civil Service Tribunal and Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal shall be repealed.

ENTRY INTO FORCE: 1.8.2016.

APPLICATION: from 1.9.2016.

2016/07/06
   CSL - Draft final act
Documents
2016/07/06
   CSL - Final act signed
2016/07/05
   EP - End of procedure in Parliament
2016/06/24
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2016/06/24
   CSL - Council Meeting
2016/06/09
   EP - Results of vote in Parliament
2016/06/09
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 456 votes to 99, with 61 abstentions, a legislative resolution on the draft regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants.

The European Parliament’s position, adopted at first reading following the ordinary legislative procedure, amended the Court of Justice’s draft as follows:

the correct legal basis shall be Article 256(1), the first and second paragraphs of Article 257, and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union (TFEU) and Article 106a(1) of the Treaty establishing the European Atomic Energy Community; Council Decision 2004/752/EC, Euratom and Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council shall be repealed and Protocol No 3 shall be amended; the increase of 7 Judges of the General Court (40 to 47) as from 1 September 2016 should be accompanied by the transfer to the General Court of jurisdiction at first instance in disputes between the Union and its servants under Article 270 of the Treaty on the Functioning of the European Union (TFEU). This transfer of jurisdiction presupposes, in accordance with Article 256(1) TFEU, the dissolution of the European Union Civil Service Tribunal ("Civil Service Tribunal"); the General Court should try European Union civil service cases taking into account the specific features of disputes in that field, including by examining the possibilities for amicable settlement at all stages of the procedure; appropriate transitional arrangements concerning the transfer to the General Court of European Union civil service cases; the Regulation shall enter into force on the first day of the month following that of its publication in the Official Journal of the European Union. It shall apply from 1 September 2016.

Documents
2016/06/08
   EP - Debate in Parliament
2016/05/31
   EP - Amendments tabled in committee
Documents
2016/05/30
   EP - Amendments tabled in committee
Documents
2016/05/24
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2016/05/02
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Legal Affairs adopted the report by Mady DELVAUX (S&D, LU) on the draft regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants.

The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Court of Justice’s draft:

Legal basis : the draft by the Court of Justice refers to the Treaty on European Union, and in particular the second subparagraph of Article 19(2) thereof. However, Members considered that Article 19(2) TEU is not an appropriate legal basis for this regulation, as no change is made to the number of judges at the General Court. They stated that the proper legal basis is to be found in Articles 256(1), 257 and 281 TFEU together with Article 106a of the Euratom Treaty.

Title relating to specialised courts : Members proposed deleting Title Iva. They stated that there was no need to replace Article 62c with a generic reference to specialised courts and to a non-existent annex. They believe that the entire title on specialised courts, which contains only this article, can be repealed. It could, of course, be recreated in the future if and when a specialised court is established, as was the case in 2004.

Annex I : Members considered it preferable to repeal Annex I explicitly in the article concerning modifications to the Protocol.

Documents
2016/04/21
   EP - Committee opinion
Documents
2016/04/21
   EP - Specific opinion
Documents
2016/04/21
   EP - Vote in committee, 1st reading
2016/04/21
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2016/03/31
   EP - Amendments tabled in committee
Documents
2016/03/31
   EP - VOSS Axel (PPE) appointed as rapporteur in JURI
2016/03/01
   EP - Committee draft report
Documents
2016/02/22
   EC - Document attached to the procedure
2016/02/18
   EP - DELVAUX Mady (S&D) appointed as rapporteur in JURI
2015/12/03
   EP - HÜBNER Danuta Maria (PPE) appointed as rapporteur in AFCO
2015/11/26
   EP - Committee referral announced in Parliament, 1st reading
2015/11/17
   EC - Legislative proposal published
Details

PURPOSE: transfer to the General Court of the European Union of jurisdiction, at first instance, in disputes between the Union and its servants.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by a Regulation (EU, Euratom) of the European Parliament and of the Council amending Protocol No 3 on the Statute of the Court of Justice, provides that the General Court, consisting of 40 Judges as from the date of entry into force of the amending Regulation, will consist of 47 Judges as from 1 September 2016 , and of two Judges per Member State as from 1 September 2019.

Increasing by seven the number of Judges of the General Court on 1 September 2016 will also require jurisdiction at first instance in disputes between the Union and its servants to be transferred to the General Court, which presupposes, the dissolution of the European Union Civil Service Tribunal (CST).

CONTENT: the draft Regulation of the Parliament and of the Council set out below is based on Article 256(1) TFEU, the first and second paragraphs of Article 257 TFEU, the second paragraph of Article 281 TFEU, and Article 106a(1) EAEC.

The proposed text:

1) repeals Council Decision 2004/752/EC, Euratom establishing the European Union Civil Service Tribunal and, in consequence thereof, Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal;

2) introduces two new Articles into the Statute of the Court seeking to:

set out that the General Court shall exercise at first instance jurisdiction in disputes between the Union and its servants , including disputes between all institutions and all bodies, offices or agencies, on the one hand, and their servants, on the other, in respect of which jurisdiction is conferred on the Court of Justice of the European Union; enable the court responsible for civil service disputes to examine, at all stages of the procedure, the possibilities of amicable settlement of disputes .

A new Article provides, in general terms, that the provisions relating to the jurisdiction, composition, organisation and procedure of any specialised court established under Article 257 TFEU are to be contained in an Annex to the Statute.

3) governs the procedure for dealing with cases pending before the Civil Service Tribunal (‘CST’) on 31 August 2016 , which are to be transferred, on 1 September 2016, to the General Court. The General Court should continue dealing with those cases as it finds them at that date, the procedural steps taken by the CST in those cases remaining applicable. In the event of a case being transferred to the General Court after the hearing, the oral part of the procedure would be reopened;

4) lays down a transitional regime in respect of appeals under examination when jurisdiction is transferred on 1 September 2016, or brought after that date, against decisions of the CST. The General Court is to continue to have jurisdiction to hear and determine such appeals. Accordingly, Articles 9 to 12 of Annex I to the Statute of the Court must remain applicable to the proceedings concerned. If the General Court sets aside a decision of the CST but considers that the state of the proceedings does not permit a decision, it is to refer the case to a chamber other than that which ruled on the appeal (that is to say, the Appeal Chamber).

Lastly, the proposal sets the date on which the transfer of jurisdiction to the General Court to rule at first instance on disputes between the Union and its servants is to take effect as 1 September 2016 .

Documents

Documents

Activities

Votes

A8-0167/2016 - Mady Delvaux - Résolution législative #

2016/06/09 Outcome: +: 456, -: 99, 0: 61
DE ES RO PL IT AT FR BG HU BE PT HR NL CZ FI SK LT SE SI DK EL MT LU LV EE IE GB CY
Total
85
46
26
46
59
18
62
15
18
19
20
11
23
18
12
11
9
14
8
11
17
6
5
6
4
9
33
5
icon: PPE PPE
187

Denmark PPE

For (1)

1

Luxembourg PPE

2

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
156

Bulgaria S&D

2

Croatia S&D

2

Netherlands S&D

2
3

Slovenia S&D

For (1)

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Latvia S&D

1

Estonia S&D

For (1)

1

Ireland S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
58

Romania ALDE

2

Austria ALDE

For (1)

1

Portugal ALDE

1

Croatia ALDE

2
3

Sweden ALDE

2

Slovenia ALDE

For (1)

1

Denmark ALDE

2

Luxembourg ALDE

For (1)

1

Estonia ALDE

2

Ireland ALDE

For (1)

1

United Kingdom ALDE

1
icon: Verts/ALE Verts/ALE
40

Austria Verts/ALE

3

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Croatia Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Sweden Verts/ALE

2

Slovenia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

United Kingdom Verts/ALE

3
icon: ECR ECR
55

Romania ECR

For (1)

1

Italy ECR

Abstain (1)

1

Bulgaria ECR

2

Croatia ECR

Abstain (1)

1

Netherlands ECR

2

Czechia ECR

2

Finland ECR

2

Slovakia ECR

2

Lithuania ECR

Abstain (1)

1

Greece ECR

For (1)

1

Latvia ECR

Abstain (1)

1
icon: NI NI
11

Germany NI

For (1)

1

Poland NI

Abstain (1)

1

France NI

Abstain (1)

1

Hungary NI

2

United Kingdom NI

Against (1)

1
icon: ENF ENF
35

Germany ENF

Against (1)

1

Poland ENF

2

Belgium ENF

Against (1)

1

Netherlands ENF

4

United Kingdom ENF

Against (1)

1
icon: EFDD EFDD
29

Germany EFDD

Against (1)

1

Poland EFDD

1

France EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2
icon: GUE/NGL GUE/NGL
45

Italy GUE/NGL

Abstain (1)

3

Netherlands GUE/NGL

2

Czechia GUE/NGL

1

Finland GUE/NGL

Abstain (1)

1

Sweden GUE/NGL

Against (1)

1

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

2
AmendmentsDossier
5 2015/0906(COD)
2016/03/30 JURI 5 amendments...
source: 580.490

History

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

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name: VOSS Axel group: Group of European People's Party abbr: EPP
committees/2
body
EP
responsible
None
committee
JURI
date
2016-03-31T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: VOSS Axel
council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 3478 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3478*&MEET_DATE=24/06/2016 date: 2016-06-24T00:00:00
docs
  • date: 2016-02-22T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0081/COM_COM(2016)0081_EN.pdf title: COM(2016)0081 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0081 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2016-03-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE578.532 title: PE578.532 type: Committee draft report body: EP
  • date: 2016-03-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE580.490 title: PE580.490 type: Amendments tabled in committee body: EP
  • date: 2016-04-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE576.977&secondRef=02 title: PE576.977 committee: AFCO type: Committee opinion body: EP
  • date: 2016-04-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE582.096 title: PE582.096 committee: JURI type: Specific opinion body: EP
  • date: 2016-05-30T00:00:00 docs: title: PE583.991 type: Amendments tabled in committee body: EP
  • date: 2016-05-31T00:00:00 docs: title: PE584.015 type: Amendments tabled in committee body: EP
  • date: 2016-07-06T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00022/2016/LEX type: Draft final act body: CSL
events
  • date: 2015-11-17T00:00:00 type: Legislative proposal published body: EC docs: title: N8-0110/2015 summary: PURPOSE: transfer to the General Court of the European Union of jurisdiction, at first instance, in disputes between the Union and its servants. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by a Regulation (EU, Euratom) of the European Parliament and of the Council amending Protocol No 3 on the Statute of the Court of Justice, provides that the General Court, consisting of 40 Judges as from the date of entry into force of the amending Regulation, will consist of 47 Judges as from 1 September 2016 , and of two Judges per Member State as from 1 September 2019. Increasing by seven the number of Judges of the General Court on 1 September 2016 will also require jurisdiction at first instance in disputes between the Union and its servants to be transferred to the General Court, which presupposes, the dissolution of the European Union Civil Service Tribunal (CST). CONTENT: the draft Regulation of the Parliament and of the Council set out below is based on Article 256(1) TFEU, the first and second paragraphs of Article 257 TFEU, the second paragraph of Article 281 TFEU, and Article 106a(1) EAEC. The proposed text: 1) repeals Council Decision 2004/752/EC, Euratom establishing the European Union Civil Service Tribunal and, in consequence thereof, Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal; 2) introduces two new Articles into the Statute of the Court seeking to: set out that the General Court shall exercise at first instance jurisdiction in disputes between the Union and its servants , including disputes between all institutions and all bodies, offices or agencies, on the one hand, and their servants, on the other, in respect of which jurisdiction is conferred on the Court of Justice of the European Union; enable the court responsible for civil service disputes to examine, at all stages of the procedure, the possibilities of amicable settlement of disputes . A new Article provides, in general terms, that the provisions relating to the jurisdiction, composition, organisation and procedure of any specialised court established under Article 257 TFEU are to be contained in an Annex to the Statute. 3) governs the procedure for dealing with cases pending before the Civil Service Tribunal (‘CST’) on 31 August 2016 , which are to be transferred, on 1 September 2016, to the General Court. The General Court should continue dealing with those cases as it finds them at that date, the procedural steps taken by the CST in those cases remaining applicable. In the event of a case being transferred to the General Court after the hearing, the oral part of the procedure would be reopened; 4) lays down a transitional regime in respect of appeals under examination when jurisdiction is transferred on 1 September 2016, or brought after that date, against decisions of the CST. The General Court is to continue to have jurisdiction to hear and determine such appeals. Accordingly, Articles 9 to 12 of Annex I to the Statute of the Court must remain applicable to the proceedings concerned. If the General Court sets aside a decision of the CST but considers that the state of the proceedings does not permit a decision, it is to refer the case to a chamber other than that which ruled on the appeal (that is to say, the Appeal Chamber). Lastly, the proposal sets the date on which the transfer of jurisdiction to the General Court to rule at first instance on disputes between the Union and its servants is to take effect as 1 September 2016 .
  • date: 2015-11-26T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-04-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-04-21T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2016-05-02T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0167&language=EN title: A8-0167/2016 summary: The Committee on Legal Affairs adopted the report by Mady DELVAUX (S&D, LU) on the draft regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants. The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Court of Justice’s draft: Legal basis : the draft by the Court of Justice refers to the Treaty on European Union, and in particular the second subparagraph of Article 19(2) thereof. However, Members considered that Article 19(2) TEU is not an appropriate legal basis for this regulation, as no change is made to the number of judges at the General Court. They stated that the proper legal basis is to be found in Articles 256(1), 257 and 281 TFEU together with Article 106a of the Euratom Treaty. Title relating to specialised courts : Members proposed deleting Title Iva. They stated that there was no need to replace Article 62c with a generic reference to specialised courts and to a non-existent annex. They believe that the entire title on specialised courts, which contains only this article, can be repealed. It could, of course, be recreated in the future if and when a specialised court is established, as was the case in 2004. Annex I : Members considered it preferable to repeal Annex I explicitly in the article concerning modifications to the Protocol.
  • date: 2016-05-24T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: title: PE582.425
  • date: 2016-06-08T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160608&type=CRE title: Debate in Parliament
  • date: 2016-06-09T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27167&l=en title: Results of vote in Parliament
  • date: 2016-06-09T00:00:00 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=P8-TA-2016-0278 title: T8-0278/2016 summary: The European Parliament adopted by 456 votes to 99, with 61 abstentions, a legislative resolution on the draft regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants. The European Parliament’s position, adopted at first reading following the ordinary legislative procedure, amended the Court of Justice’s draft as follows: the correct legal basis shall be Article 256(1), the first and second paragraphs of Article 257, and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union (TFEU) and Article 106a(1) of the Treaty establishing the European Atomic Energy Community; Council Decision 2004/752/EC, Euratom and Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council shall be repealed and Protocol No 3 shall be amended; the increase of 7 Judges of the General Court (40 to 47) as from 1 September 2016 should be accompanied by the transfer to the General Court of jurisdiction at first instance in disputes between the Union and its servants under Article 270 of the Treaty on the Functioning of the European Union (TFEU). This transfer of jurisdiction presupposes, in accordance with Article 256(1) TFEU, the dissolution of the European Union Civil Service Tribunal ("Civil Service Tribunal"); the General Court should try European Union civil service cases taking into account the specific features of disputes in that field, including by examining the possibilities for amicable settlement at all stages of the procedure; appropriate transitional arrangements concerning the transfer to the General Court of European Union civil service cases; the Regulation shall enter into force on the first day of the month following that of its publication in the Official Journal of the European Union. It shall apply from 1 September 2016.
  • date: 2016-06-24T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2016-07-05T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-07-06T00:00:00 type: Final act signed body: CSL
  • date: 2016-07-26T00:00:00 type: Final act published in Official Journal summary: PURPOSE: transfer to the General Court of the European Union of jurisdiction, at first instance, in disputes between the Union and its servants. LEGISLATIVE ACT: Regulation (EU, Euratom) 2016/1192 of the European Parliament and of the Council on the transfer to the General Court of jurisdiction at first instance in disputes between the European Union and its servants. CONTENT: the Regulation sets the date on which the transfer of jurisdiction to the General Court to rule at first instance on disputes between the Union and its servants is to take effect as 1 September 2016 . The General Court should try European Union civil service cases taking into account the specific features of disputes in that field, including by examining the possibilities for amicable settlement at all stages of the procedure. In order to ensure the efficient conduct of proceedings in the cases pending before the Civil Service Tribunal on the date of transfer, and to lay down the rules applicable to appeals under examination as at that date, or brought subsequently, against decisions of that Tribunal, the Regulation lays down provisions for appropriate transitional arrangements concerning the transfer to the General Court of European Union civil service cases. Council Decision 2004/752/EC, Euratom establishing the European Union Civil Service Tribunal and Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal shall be repealed. ENTRY INTO FORCE: 1.8.2016. APPLICATION: from 1.9.2016. docs: title: Regulation 2016/1192 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R1192 title: OJ L 200 26.07.2016, p. 0137 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:200:TOC
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  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: JOUROVÁ Věra
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R1192
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Regulation 2016/1192
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Transfer to the General Court of the EU of jurisdiction at first instance in disputes between the Union and its servants
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BOUTONNET Marie-Christine
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BOUTONNET Marie-Christine
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BOUTONNET Marie-Christine
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  • The European Parliament adopted by 456 votes to 99, with 61 abstentions, a legislative resolution on the draft regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants.

    The European Parliament’s position, adopted at first reading following the ordinary legislative procedure, amended the Court of Justice’s draft as follows:

    • the correct legal basis shall be Article 256(1), the first and second paragraphs of Article 257, and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union (TFEU) and Article 106a(1) of the Treaty establishing the European Atomic Energy Community;
    • Council Decision 2004/752/EC, Euratom and Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council shall be repealed and Protocol No 3 shall be amended;
    • the increase of 7 Judges of the General Court (40 to 47) as from 1 September 2016 should be accompanied by the transfer to the General Court of jurisdiction at first instance in disputes between the Union and its servants under Article 270 of the Treaty on the Functioning of the European Union (TFEU). This transfer of jurisdiction presupposes, in accordance with Article 256(1) TFEU, the dissolution of the European Union Civil Service Tribunal ("Civil Service Tribunal");
    • the General Court should try European Union civil service cases taking into account the specific features of disputes in that field, including by examining the possibilities for amicable settlement at all stages of the procedure;
    • appropriate transitional arrangements concerning the transfer to the General Court of European Union civil service cases;
    • the Regulation shall enter into force on the first day of the month following that of its publication in the Official Journal of the European Union. It shall apply from 1 September 2016.
procedure/stage_reached
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Awaiting Council 1st reading position / budgetary conciliation convocation
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0278 type: Decision by Parliament, 1st reading/single reading title: T8-0278/2016
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activities/4/docs/0/text
  • The Committee on Legal Affairs adopted the report by Mady DELVAUX (S&D, LU) on the draft regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants.

    The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Court of Justice’s draft:

    Legal basis: the draft by the Court of Justice refers to the Treaty on European Union, and in particular the second subparagraph of Article 19(2) thereof. However, Members considered that Article 19(2) TEU is not an appropriate legal basis for this regulation, as no change is made to the number of judges at the General Court. They stated that the proper legal basis is to be found in Articles 256(1), 257 and 281 TFEU together with Article 106a of the Euratom Treaty.

    Title relating to specialised courts: Members proposed deleting Title Iva. They stated that there was no need to replace Article 62c with a generic reference to specialised courts and to a non-existent annex. They believe that the entire title on specialised courts, which contains only this article, can be repealed. It could, of course, be recreated in the future if and when a specialised court is established, as was the case in 2004.

    Annex I: Members considered it preferable to repeal Annex I explicitly in the article concerning modifications to the Protocol.

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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0167&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0167/2016
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2016-04-21T00:00:00
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  • group: EPP name: ZWIEFKA Tadeusz
  • group: ALDE name: MARINHO E PINTO António
  • group: GUE/NGL name: CHRYSOGONOS Kostas
  • group: Verts/ALE name: HAUTALA Heidi
  • group: EFD name: FERRARA Laura
  • group: ENF name: LEBRETON Gilles
committees/1/shadows
  • group: EPP name: ZWIEFKA Tadeusz
  • group: ALDE name: MARINHO E PINTO António
  • group: GUE/NGL name: CHRYSOGONOS Kostas
  • group: Verts/ALE name: HAUTALA Heidi
  • group: EFD name: FERRARA Laura
  • group: ENF name: LEBRETON Gilles
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EP
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None
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JURI
date
2016-03-31T00:00:00
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Legal Affairs
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group: EPP name: VOSS Axel
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EP
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JURI
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2016-03-31T00:00:00
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Legal Affairs
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JOUROVÁ Věra
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  • PURPOSE: transfer to the General Court of the European Union of jurisdiction, at first instance, in disputes between the Union and its servants.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by a Regulation (EU, Euratom) of the European Parliament and of the Council amending Protocol No 3 on the  Statute of the Court of Justice, provides that the General Court, consisting of 40 Judges as from the date of entry into force of the amending Regulation, will consist of 47 Judges as from 1 September 2016, and of two Judges per Member State as from 1 September 2019.

    Increasing by seven the number of Judges of the General Court on 1 September 2016 will also require jurisdiction at first instance in disputes between the Union and its servants to be transferred to the General Court, which presupposes, the dissolution of the European Union Civil Service Tribunal (CST).

    CONTENT: the draft Regulation of the Parliament and of the Council set out below is based on Article 256(1) TFEU, the first and second paragraphs of Article 257 TFEU, the second paragraph of Article 281 TFEU, and Article 106a(1) EAEC.

    The proposed text:

    1) repeals Council Decision 2004/752/EC, Euratom establishing the European Union Civil Service Tribunal and, in consequence thereof, Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal;

    2) introduces two new Articles into the Statute of the Court seeking to:

    • set out that the General Court shall exercise at first instance jurisdiction in disputes between the Union and its servants, including disputes between all institutions and all bodies, offices or agencies, on the one hand, and their servants, on the other, in respect of which jurisdiction is conferred on the Court of Justice of the European Union;
    • enable the court responsible for civil service disputes to examine, at all stages of the procedure, the possibilities of amicable settlement of disputes.

    A new Article provides, in general terms, that the provisions relating to the jurisdiction, composition, organisation and procedure of any specialised court established under Article 257 TFEU are to be contained in an Annex to the Statute.

    3) governs the procedure for dealing with cases pending before the Civil Service Tribunal (‘CST’) on 31 August 2016, which are to be transferred, on 1 September 2016, to the General Court. The General Court should continue dealing with those cases as it finds them at that date, the procedural steps taken by the CST in those cases remaining applicable. In the event of a case being transferred to the General Court after the hearing, the oral part of the procedure would be reopened;

    4) lays down a transitional regime in respect of appeals under examination when jurisdiction is transferred on 1 September 2016, or brought after that date, against decisions of the CST. The General Court is to continue to have jurisdiction to hear and determine such appeals. Accordingly, Articles 9 to 12 of Annex I to the Statute of the Court must remain applicable to the proceedings concerned. If the General Court sets aside a decision of the CST but considers that the state of the proceedings does not permit a decision, it is to refer the case to a chamber other than that which ruled on the appeal (that is to say, the Appeal Chamber).

    Lastly, the proposal sets the date on which the transfer of jurisdiction to the General Court to rule at first instance on disputes between the Union and its servants is to take effect as 1 September 2016.

activities/1/committees/0/date
2015-12-03T00:00:00
activities/1/committees/0/rapporteur
  • group: EPP name: HÜBNER Danuta Maria
committees/0/date
2015-12-03T00:00:00
committees/0/rapporteur
  • group: EPP name: HÜBNER Danuta Maria
activities
  • date: 2015-11-17T00:00:00 docs: type: Legislative proposal published title: N8-0110/2015 type: Legislative proposal published body: EC commission:
  • date: 2015-11-26T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: True committee_full: Legal Affairs committee: JURI
committees
  • body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
links
other
    procedure
    dossier_of_the_committee
    JURI/8/05123
    reference
    2015/0906(COD)
    title
    Transfer to the General Court of the EU of jurisdiction at first instance in disputes between the Union and its servants
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    Awaiting committee decision
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    8.40.04 Court of Justice, Court of First Instance