Activities of Pascal DURAND related to 2022/0906(COD)
Legal basis opinions (0)
Amendments (9)
Amendment 16 #
Draft Regulation
Recital 8
Recital 8
(8) Having regard to the substantive criterion applicable to the distribution between the Court of Justice and the General Court of jurisdiction to give preliminary rulings, it is necessary, for reasons of legal certainty and expedition, for the referring courts not themselves to decide the question as to which of the Courts of the Union has jurisdiction to hear and determine a request for a preliminary ruling. Every request for a preliminary ruling must therefore be submitted to a single court, namely the Court of Justice, which will determine, in accordance with detailed rules to be set out in its Rules of Procedure, whether the request falls exclusively within one or several specific defined areas laid down in the Statute of the Court of Justice of the European Union and, accordingly, whether that request must be dealt with by the General Court. The Court of Justice will continue to have jurisdiction to adjudicate on requests for a preliminary ruling that, notwithstanding that they may be connected to those specific areas, also concern other areas, since the first subparagraph of Article 256(3) of the Treaty on the Functioning of the European Union does not provide any possibility of transferring to the General Court jurisdiction to give preliminary rulings in areas other than the specific areas. The Court of Justice will also continue to have jurisdiction when requests for preliminary rulings raise questions that relate to provisions of primary law, general principles of law, or the Charter of Fundamental Rights, even if the legal context of the main proceedings falls within one of the specific areas indicated in Article 50b, paragraph 1, of the Statute.
Amendment 21 #
Draft Regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Should the General Court find that, during the examination of a request for a preliminary ruling, it does not have jurisdiction according to Article 50b, paragraph 1, of the Statute, it shall refer the request to the Court of Justice.
Amendment 30 #
Draft Regulation
Recital 13
Recital 13
(13) With this in mind, it is necessary, first, to extend that mechanism to appeals whose subject matter is a decision of the General Court concerning the decision of an independent board of appeal of an office, body or agency of the Union which, on 1 May 2019, had such an independent board of appeal but to which Article 58a of the Statute of the Court of Justice of the European Union does not yet refer. Such appeals concern cases which have already been considered twice, initially by an independent board of appeal, then by the General Court, with the result that the right to effective judicial protection is fully guaranteed.
Amendment 31 #
Draft Regulation
Recital 14
Recital 14
Amendment 41 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 1a (new)
Article 50b – paragraph 1a (new)
1a. When a request for a preliminary ruling raises questions that relate to provisions of primary law, general principles of law, or the Charter of Fundamental Rights, it shall remain within the jurisdiction of the Court of Justice even if the legal context of the main proceedings falls within one of the specific areas indicated in paragraph 1.
Amendment 45 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 2
Article 50b – paragraph 2
2. Every request for a preliminary ruling made under Article 267 of the Treaty on the Functioning of the European Union shall be submitted to a single court, namely the Court of Justice. After verifying, in accordance with the detailed rules set out in its Rules of Procedure, that the request for a preliminary ruling comes exclusively within one or within several of the areas to which paragraph 1 refers, the Court of Justice shall transmit that request to the General Court.
Amendment 48 #
Draft Regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b – paragraph 2a (new)
Article 50b – paragraph 2a (new)
2a. Where the General Court finds that it does not have jurisdiction to hear and determine a request for preliminary ruling, it shall refer the request back to the Court of Justice.
Amendment 49 #
Draft Regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 58a – paragraph 2 – indent 2
Article 58a – paragraph 2 – indent 2
Amendment 53 #
Draft Regulation
Article 4 a (new)
Article 4 a (new)
Article4a 1. At the latest three years after the entry into force of the current Regulation, the Court of Justice shall present to the European Parliament, the Council, and the Commission a report on its implementation and impact. 2. This report shall include, inter alia: - the total number of requests for preliminary rulings received under Article 267 TFEU and the average length for dealing with preliminary ruling cases; - the number of requests for preliminary rulings in each of the specific areas indicated in Article 50b, paragraph 1, of the Statute, and the average length for dealing with preliminary ruling cases in these areas; - the number of requests for preliminary rulings in these specific areas that were transferred to the General Court, and the average length for dealing with preliminary ruling cases in these areas in the General Court; - the number of requests for preliminary rulings that despite falling within one of these specific areas were not transferred to the General Court, as well as the number of requests that were first transferred to the General Court but then referred to the Court of Justice.