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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) 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Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal shall be repealed.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.

Documents
Regulation 2016/1192
OJ L 200 26.07.2016, p. 0137
2016/07/06
   CSL - Draft final act
Documents
00022/2016/LEX
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
Documents
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
T8-0278/2016
2016/06/08
   EP - Debate in Parliament
Documents
Debate in Parliament
2016/05/23
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
PE582.425
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
A8-0167/2016
2016/04/21
   EP - Committee opinion
Documents
PE576.977
2016/04/21
   EP - Specific opinion
Documents
PE582.096
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
PE580.490
2016/03/31
   EP - VOSS Axel (PPE) appointed as rapporteur in JURI
2016/03/01
   EP - Committee draft report
Documents
PE578.532
2016/02/22
   EC - Document attached to the procedure
Documents
COM(2016)0081
EUR-Lex
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
   CJEC - Legislative proposal
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
N8-0110/2015
2015/11/16
   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
N8-0110/2015

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

Germany PPE

31

Spain PPE

12

Romania PPE

Against (1)

Csaba SÓGOR
9

Poland PPE

Against (1)

Julia PITERA
21

Italy PPE

11

Austria PPE

5

France PPE

17

Bulgaria PPE

7

Hungary PPE

11

Belgium PPE

4

Portugal PPE

7

Croatia PPE

5

Netherlands PPE

4

Czechia PPE

6

Finland PPE

3

Slovakia PPE

6

Lithuania PPE

2

Sweden PPE

3

Slovenia PPE

5

Denmark PPE

For (1)

Bendt BENDTSEN
1

Greece PPE

3

Malta PPE

3

Luxembourg PPE

2

Latvia PPE

3

Estonia PPE

For (1)

Tunne KELAM
1

Ireland PPE

4

Cyprus PPE

1
icon: S&D S&D
156

Germany S&D

24

Spain S&D

12

Romania S&D

14

Poland S&D

5

Italy S&D

26

Austria S&D

5

France S&D

10

Bulgaria S&D

2

Hungary S&D

3

Belgium S&D

4

Portugal S&D

8

Croatia S&D

2

Netherlands S&D

2

Czechia S&D

4

Finland S&D

2

Slovakia S&D

3

Lithuania S&D

2

Sweden S&D

4

Slovenia S&D

For (1)

Tanja FAJON
1

Denmark S&D

3

Greece S&D

3

Malta S&D

3

Luxembourg S&D

For (1)

Mady DELVAUX
1

Latvia S&D

1

Estonia S&D

For (1)

Marju LAURISTIN
1

Ireland S&D

For (1)

Nessa CHILDERS
1

United Kingdom S&D

8

Cyprus S&D

2
icon: ALDE ALDE
58

Germany ALDE

4

Spain ALDE

7

Romania ALDE

2

Austria ALDE

For (1)

Angelika MLINAR
1

France ALDE

6

Bulgaria ALDE

4

Belgium ALDE

4

Portugal ALDE

1

Croatia ALDE

2

Netherlands ALDE

7

Czechia ALDE

4

Finland ALDE

3

Lithuania ALDE

3

Sweden ALDE

2

Slovenia ALDE

For (1)

Ivo VAJGL
1

Denmark ALDE

2

Luxembourg ALDE

For (1)

Charles GOERENS
1

Estonia ALDE

2

Ireland ALDE

For (1)

Marian HARKIN
1

United Kingdom ALDE

1
icon: Verts/ALE Verts/ALE
40

Germany Verts/ALE

10

Spain Verts/ALE

4

Austria Verts/ALE

3

France Verts/ALE

5

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

Heidi HAUTALA
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

Sweden Verts/ALE

2

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

Latvia Verts/ALE

1

United Kingdom Verts/ALE

3
icon: ECR ECR
55

Germany ECR

Abstain (1)

Arne GERICKE
6

Romania ECR

For (1)

Monica MACOVEI
1

Poland ECR

16

Italy ECR

Abstain (1)

Remo SERNAGIOTTO
1

Bulgaria ECR

2

Belgium ECR

4

Croatia ECR

Abstain (1)

Ruža TOMAŠIĆ
1

Netherlands ECR

2

Czechia ECR

2

Finland ECR

2

Slovakia ECR

2

Lithuania ECR

Abstain (1)

Waldemar TOMASZEWSKI
1

Denmark ECR

3

Greece ECR

For (1)

Notis MARIAS
1

Latvia ECR

Abstain (1)

Roberts ZĪLE
1

United Kingdom ECR

10
icon: NI NI
11

Germany NI

For (1)

Udo VOIGT
1

Poland NI

Abstain (1)

Janusz KORWIN-MIKKE
1

France NI

Abstain (1)

Aymeric CHAUPRADE
1

Hungary NI

2

Greece NI

5

United Kingdom NI

Against (1)

Diane DODDS
1
icon: ENF ENF
35

Germany ENF

Against (1)

Marcus PRETZELL
1

Poland ENF

2

Italy ENF

4

Austria ENF

4

France ENF

18

Belgium ENF

Against (1)

Gerolf ANNEMANS
1

Netherlands ENF

4

United Kingdom ENF

Against (1)

Janice ATKINSON
1
icon: EFDD EFDD
29

Germany EFDD

Against (1)

Beatrix von STORCH
1

Poland EFDD

1

Italy EFDD

14

France EFDD

1

Czechia EFDD

Abstain (1)

Petr MACH
1

Sweden EFDD

2

United Kingdom EFDD

9
icon: GUE/NGL GUE/NGL
45

Germany GUE/NGL

7

Spain GUE/NGL

Abstain (1)

Josu JUARISTI ABAUNZ
11

Italy GUE/NGL

Abstain (1)

Barbara SPINELLI
3

France GUE/NGL

4

Portugal GUE/NGL

4

Netherlands GUE/NGL

2

Czechia GUE/NGL

1

Finland GUE/NGL

Abstain (1)

Merja KYLLÖNEN
1

Sweden GUE/NGL

Against (1)

Malin BJÖRK
1

Denmark GUE/NGL

Against (1)

Rina Ronja KARI
1

Greece GUE/NGL

Abstain (1)

Sofia SAKORAFA
5

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)

2023-08-03Show (5) Changes | Timetravel
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2015-11-17T00:00:00
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2021-12-18Show (13) Changes | Timetravel
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2020-01-19Show (9) Changes | Timetravel
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2019-07-12Show (5) Changes | Timetravel
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE582.096
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2019-07-06Show (18) Changes | Timetravel
activities
  • date: 2015-11-17T00:00:00 docs: type: Legislative proposal published title: N8-0110/2015 body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: JOUROVÁ Věra type: Legislative proposal published
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  • date: 2016-06-09T00:00:00 docs: 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 body: EP type: Decision by Parliament, 1st reading/single reading
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  • 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
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  • 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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2016-08-19Show (4) Changes | Timetravel
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2016-07-08Show (3) Changes | Timetravel
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2016-06-29Show (3) Changes | Timetravel
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2016-06-25Show (4) Changes | Timetravel
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2016-06-17Show (1) Changes | Timetravel
activities/6/docs/0/text

  • 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.
2016-06-14Show (1) Changes | Timetravel
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2016-06-11Show (5) Changes | Timetravel
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2016-06-10Show (1) Changes | Timetravel
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New
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2016-06-06Show (1) Changes | Timetravel
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.
2016-05-28Show (2) Changes | Timetravel
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2016-05-21Show (1) Changes | Timetravel
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2016-05-04Show (2) Changes | Timetravel
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2016-04-23Show (2) Changes | Timetravel
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date
2016-04-21T00:00:00
body
unknown
type
Committee decision to open interinstitutional negotiations with report adopted in committee
activities/3
date
2016-04-21T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
2016-04-09Show (1) Changes | Timetravel
activities/2
date
2016-06-08T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
2016-04-07Show (2) Changes | Timetravel
activities/1/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
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
2016-04-02Show (2) Changes | Timetravel
activities/1/committees/2
body
EP
responsible
None
committee
JURI
date
2016-03-31T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: VOSS Axel
committees/2
body
EP
responsible
None
committee
JURI
date
2016-03-31T00:00:00
committee_full
Legal Affairs
rapporteur
group: EPP name: VOSS Axel
2016-02-24Show (4) Changes | Timetravel
activities/1/committees/1/date
2016-02-18T00:00:00
activities/1/committees/1/rapporteur
  • group: S&D name: DELVAUX Mady
committees/1/date
2016-02-18T00:00:00
committees/1/rapporteur
  • group: S&D name: DELVAUX Mady
2016-01-13Show (2) Changes | Timetravel
activities/0/commission/0
DG
Commissioner
JOUROVÁ Věra
other/0
body
EC
dg
commissioner
JOUROVÁ Věra
2015-12-11Show (5) Changes | Timetravel
activities/0/docs/0/text

  • 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
2015-12-01Show (5) Changes
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
    stage_reached
    Awaiting committee decision
    summary
    subtype
    Legislation
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject
    8.40.04 Court of Justice, Court of First Instance
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