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

Ce que fait l'acte

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. 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 They believe that the entire title on specialised courts, which contains only this article, can be repealed.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. 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…