Regulation (EU, Euratom) 2024/2019

What it is

request by the Court of Justice, under Article 281, second paragraph, of the Treaty on the Functioning of the European Union, to amend Protocol No 3 on the Statute of the Court of Justice of the European Union. 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: at the invitation of the European Parliament and the Council of 16 December 2015, the Court of Justice submitted to the European Parliament, the Council and the Commission, on 14 December 2017, a report on possible changes to the distribution of jurisdiction to receive preliminary rulings under Article 267 of the Treaty on the Functioning of the European Union. The Committee on Legal Affairs adopted the report by Ilana CICUREL (Renew, FR) on the draft regulation of the European Parliament and of the Council amending Protocol No 3 on the Statute of the Court of Justice of the European Union. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: As a reminder, following the reform of the Union’s judicial framework as a result of Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council, the General Court is currently in a position to be able to deal with the increase in workload that will follow from that transfer of jurisdiction to give preliminary rulings. The report introduces new articles into the Statute concerning: Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right to access, upon request, documents of the Court in accordance with arrangements set out in the Rules of Procedure. The President shall refuse access to a document, either of his or her own motion or at the request of a party or any other person concerned, where disclosure would undermine protection of the public interest, or the privacy or the integrity of an individual. The President shall also refuse access to a document where disclosure would undermine the protection of commercial interests or the Court’s decision-making process, unless there is an overriding public interest in disclosure. In the cases governed by Article 267 of the Treaty on the Functioning of the European Union, the decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court of Justice shall be notified to the Court by the court or tribunal concerned. The decision shall then be notified by the Registrar of the Court to the parties, to the Member States, to the European Parliament, to the Commission and to the institution, body, office or agency of the Union which adopted the act the validity or interpretation of which is in dispute. Within two months of this notification, the parties, the Member States, the Commission, the European Parliament and, where appropriate, the institution, body, office or agency which adopted the act the validity or interpretation of…

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