17 Amendments of Laura FERRARA related to 2011/0901B(COD)
Amendment 21 #
Proposal for a regulation
Recital 1
Recital 1
(1) As a consequence of the progressive expansion of its jurisdiction since its creation, the number of cases before the General Court has been steadily increasinged over the years, resulting over time in an increase in the number of cases pending before that Court. This hasUnless suitable measures of both a procedural and an organisational nature are taken, including a rise in the number of Judges, this may have an impact on the duration of proceedings.
Amendment 27 #
Proposal for a regulation
Recital 2
Recital 2
(2) AIt present,should be ensured that the duration of proceedings does not appear to be acceptable from the point of view of litigants, particularly in the light ofcomplies with the requirements set out in Article 47 of the Charter of Fundamental Rights of the European Union and in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 34 #
Proposal for a regulation
Recital 3
Recital 3
(3) The situation in which the General Court finds itself has structural causes relating, inter alia, to the increase in the number and variety of legal acts of the institutions, bodies, offices and agencies of the Union, as well as to the volume and complexity of the cases brought before the General Court, particularly in the areas of competition and State aid, State aid and intellectual property and to the fact that relevant specialised courts have not been established as provided for in Article 257 TFUE.
Amendment 39 #
Proposal for a regulation
Recital 4
Recital 4
(4) Consequently, the necessary measures should be taken to address this situation, and the makingreconciling the right to a fair trial enshrined in Article 47 of the Charter of Fundamental Rights of the European Union with the requirement to keep public spending in check. To this end, making reasonable and justified use of the possibility, provided for by the Treaties, of increasing the number of Judges of the General Court, and of that of establishing relevant special courts, would allow for a reduction within a short time of both the volume of pending cases and the excessive duration of proceedings before the General Court.
Amendment 45 #
Proposal for a regulation
Recital 5
Recital 5
(5) Taking into account the likely evolution of the workload of the General Court, the number of Judges should be fixed at 56 at the end of a three-stage process40, it being understood that at no point of time can there be more than two Judges sitting at the General Court appointed upon a proposal byfrom the same Member State.
Amendment 52 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to rapidly reduce the backlog of pending casesmake the administration of justice at the General Court more efficient, twelve additional Judges should take office …...2 . __________________ 2* OJ: insert "in September 2015", or OJ: insert "in September 2015", or "upon entry into force of this Regulation" if the date of entry into force of this Regulation is after 31 August 2015.
Amendment 55 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 63 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 80 #
Proposal for a regulation
Article 1 – point 1 – paragraph 3
Article 1 – point 1 – paragraph 3
Protocol No 3
Article 9
Article 9
When, every three years, the Judges are partially replaced, one half of the number of Judges shall be replaced. If the number of Judges is an uneven number, the number of Judges who shall be replaced shall alternately be the number which is the next above one half of the number of Judges and the number which is next below one half.
Amendment 85 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Protocol No 3
Article 48
Article 48
(2) Article 48 is replaced by the following : "Article 48 The General Court shall consist of: (a) 40 Judges as from …*; (b) 47 Judges as from 1 September 2016; (c) two Judges per Member State as from 1 September 2019.". __________________ * OJ: insert "1 September 2015", or the date of entry into force of this Regulation if that date is after 1 September 2015.".
Amendment 88 #
Proposal for a regulation
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Protocol No 3
Article 48
Article 48
Amendment 93 #
Proposal for a regulation
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Protocol No 3
Article 48
Article 48
Amendment 98 #
Proposal for a regulation
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Protocol No 3
Article 48
Article 48
Amendment 100 #
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Protocol No 3
Article 48
Article 48
(2a) In Article 48, the following paragraph is added: "The Judges shall be appointed in accordance with Article 254 TFEU, without prejudice to the appointment of at least on Judge per Member State."
Amendment 101 #
Proposal for a regulation
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Protocol No 3
Article 48
Article 48
(2b) In Article 48, the following paragraph is added: “All Judges shall have the same status and the same rights and obligations.”
Amendment 117 #
Proposal for a regulation
Article 2 – point b
Article 2 – point b
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c