Report amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto

(02074/2011 – C7-0090/2011 – 2011/0901A(COD))

This report by Alexandra THEIN (ADLE, DE) was written for and adopted by the Committee on Legal Affairs.

As a result of the Treaty of Nice (2003), the President of the Court and the Presidents of the Chambers of five Judges are automatically required to participate in the decisions of the Grand Chamber. As such, their workload is heavy. However, other judges sit in relatively few cases assigned to the Grand Chamber. It is felt that this workload is unequal and more judges should participate with the cessation of the automatic participation as directed in the Treaty.

Besides this, it has been apparent now for several years that the number of cases disposed of by the General Court has been lower than the number of new cases submitted. Despite figures showing productivity has increased, it is still unable to keep abreast of the workload. The increased workload is in part due to the integration of new countries into the EU community. As a result, there is a need for urgent structural reform. According to the report, there are two choices – the establishment of specialised courts with jurisdiction to hear and determine direct actions in a specific area (the field of intellectual property rights has been considered for this); or increasing the number of Judges of the General Court.

The Court of Justice has come to the conclusion that an increase in the number of Judges is the more preferable. This is in light of the “urgency of the situation, the flexibility of the measure envisaged and the consistency of European Union law”. Therefore, there shall be an increase of 12 judges, making a total of 39. However, the method of their designation is yet to be agreed; it is suggested that this should take place in a separate regulation at a later stage.

It is also noted that the increasing responsibilities of the Presidents of the Court of Justice and of the General Court require the establishment of an office of Vice-President in each court, in order to assist the President in carrying out those responsibilities.

The European Parliament voted to approve the report with 584 for, 26 against and 7 abstentions.

To read the report click here

Alternatively visit the website at www.europarl.europa.eu

Please share with others