Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts#Part 1 - Substantive Amendments#Article 4
Date: 2001-02-26
Institutions: The fifteen Member States: Belgium, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Luxembourg, Netherlands, Austria, Portugal, Finland, Sweden, United Kingdom
Subjects: Court of Justice of the European Union, ECSC, European Central Bank, European Court of Auditors, operation of the Institutions, revision of the Treaty (EU)













EUR-Lex - 12001C004 - EN






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12001C004

Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts - Part 1 - Substantive Amendments - Article 4  


Official Journal 080 , 10/03/2001 P. 0036 - 0042 





Article 4The Treaty establishing the European Coal and Steel Community shall be amended in accordance with the provisions of this Article.1. Article 10(2) shall be replaced by the following: "2. The Council, meeting in the composition of Heads of State or Government and acting by a qualified majority, shall nominate the person it intends to appoint as President of the Commission; the nomination shall be approved by the European Parliament.The Council, acting by a qualified majority and by common accord with the nominee for President, shall adopt the list of the other persons whom it intends to appoint as Members of the Commission, drawn up in accordance with the proposals made by each Member State.The President and the other Members of the Commission thus nominated shall be subject as a body to a vote of approval by the European Parliament. After approval by the European Parliament, the President and the other Members of the Commission shall be appointed by the Council, acting by a qualified majority."2. Article 11 shall be replaced by the following: "Article 111. The Commission shall work under the political guidance of its President, who shall decide on its internal organisation in order to ensure that it acts consistently, efficiently and on the basis of collegiality.2. The responsibilities incumbent upon the Commission shall be structured and allocated among its Members by its President. The President may reshuffle the allocation of those responsibilities during the Commission's term of office. The Members of the Commission shall carry out the duties devolved upon them by the President under his authority.3. After obtaining the approval of the College, the President shall appoint Vice-Presidents from among its Members.4. A Member of the Commission shall resign if the President so requests, after obtaining the approval of the College."3. Article 12 shall be replaced by the following: "Article 12Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the Member's term of office by a new Member appointed by the Council acting by a qualified majority. The Council may, acting unanimously, decide that such a vacancy need not be filled.In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in Article 10(2) shall be applicable for the replacement of the President.Save in the case of compulsory retirement under Article 12a, Members of the Commission shall remain in office until they have been replaced or until the Council has decided that the vacancy need not be filled, as provided for in the second paragraph of this Article."4. In Article 13, the first paragraph shall be deleted.5. In Article 20, the second paragraph shall be replaced by the following: "The number of Members of the European Parliament shall not exceed 732."6. Article 21(5) shall be replaced by the following: "5. The European Parliament, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council."7. Article 30(2) shall be replaced by the following: "2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council, acting by a qualified majority.The Council shall decide on the organisation of the General Secretariat."8. Article 31 shall be replaced by the following: "Article 31The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure that in the interpretation and application of this Treaty the law is observed.In addition, judicial panels may be attached to the Court of First Instance under the conditions laid down in Article 32e in order to exercise, in certain specific areas, the judicial competence laid down in this Treaty."9. Article 32 shall be replaced by the following: "Article 32The Court of Justice shall consist of one judge per Member State.The Court of Justice shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that purpose in the Statute of the Court of Justice.When provided for in the Statute, the Court of Justice may also sit as a full Court."10. Article 32a shall be replaced by the following: "Article 32aThe Court of Justice shall be assisted by eight Advocates-General. Should the Court of Justice so request, the Council, acting unanimously, may increase the number of Advocates-General.It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice, require his involvement."11. Article 32b shall be replaced by the following: "Article 32bThe Judges and Advocates-General of the Court of Justice shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the governments of the Member States for a term of six years.Every three years there shall be a partial replacement of the Judges and Advocates-General, in accordance with the conditions laid down in the Statute of the Court of Justice.The Judges shall elect the President of the Court of Justice from among their number for a term of three years. He may be re-elected.Retiring Judges and Advocates-General may be reappointed.The Court of Justice shall appoint its Registrar and lay down the rules governing his service.The Court of Justice shall establish its Rules of Procedure. These shall require the approval of the Council, acting by a qualified majority."12. Article 32c shall be replaced by the following: "Article 32cThe Court of First Instance shall comprise at least one judge per Member State. The number of Judges shall be determined by the Statute of the Court of Justice. The Statute may provide for the Court of First Instance to be assisted by Advocates-General.The members of the Court of First Instance shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to high judicial office. They shall be appointed by common accord of the governments of the Member States for a term of six years. The membership shall be partially renewed every three years. Retiring members shall be eligible for reappointment.The Judges shall elect the President of the Court of First Instance from among their number for a term of three years. He may be re-elected.The Court of First Instance shall appoint its Registrar and lay down the rules governing his service.The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. Those Rules shall require the approval of the Council, acting by a qualified majority.Unless the Statute of the Court of Justice provides otherwise, the provisions of this Treaty relating to the Court of Justice shall apply to the Court of First Instance."13. Article 32d shall be replaced by the following: "Article 32d1. The Court of First Instance shall have jurisdiction to hear and determine at first instance actions or proceedings referred to in Articles 33, 34, 35, 36, 38, 40 and 42, with the exception of those assigned to a judicial panel and those reserved in the Statute for the Court of Justice. The Statute may provide for the Court of First Instance to have jurisdiction for other classes of action or proceeding.Decisions given by the Court of First Instance under this paragraph may be subject to a right of appeal to the Court of Justice on points of law only, under the conditions and within the limits laid down by the Statute.2. The Court of First Instance shall have jurisdiction to hear and determine actions or proceedings brought against decisions of the judicial panels set up under Article 32e.Decisions given by the Court of First Instance under this paragraph may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected.3. The Court of First Instance shall have jurisdiction to hear and determine questions referred for a preliminary ruling under Article 41, in specific areas laid down by the Statute.Where the Court of First Instance considers that the case requires a decision of principle likely to affect the unity or consistency of Community law, it may refer the case to the Court of Justice for a ruling.Decisions given by the Court of First Instance on questions referred for a preliminary ruling may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected."14. The following Article shall be inserted: "Article 32eThe Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Court of Justice or at the request of the Court of Justice and after consulting the European Parliament and the Commission, may create judicial panels to hear and determine at first instance certain classes of action or proceeding brought in specific areas.The decision establishing a judicial panel shall lay down the rules on the organisation of the panel and the extent of the jurisdiction conferred upon it.Decisions given by judicial panels may be subject to a right of appeal on points of law only or, when provided for in the decision establishing the panel, a right of appeal also on matters of fact, before the Court of First Instance.The members of the judicial panels shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office. They shall be appointed by the Council, acting unanimously.The judicial panels shall establish their Rules of Procedure in agreement with the Court of Justice. Those Rules shall require the approval of the Council, acting by a qualified majority.Unless the decision establishing the judicial panels provides otherwise, the provisions of this Treaty relating to the Court of Justice and the provisions of the Statute of the Court of Justice shall apply to the judicial panels."15. Article 33 shall be amended as follows:(a) the first paragraph shall be replaced by the following: "The Court of Justice shall have jurisdiction in actions brought by a Member State, by the European Parliament or by the Council to have decisions or recommendations of the Commission declared void on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The Court of Justice may not, however, examine the evaluation of the situation, resulting from economic facts or circumstances, in the light of which the Commission took its decisions or made its recommendations, save where the Commission is alleged to have misused its powers or to have manifestly failed to observe the provisions of this Treaty or any rule of law relating to its application.";(b) the fourth paragraph shall be replaced by the following: "The Court of Justice shall have jurisdiction under the same conditions in actions brought by the Court of Auditors for the purpose of protecting its prerogatives."16. Article 45 shall be replaced by the following: "Article 45The Statute of the Court of Justice shall be laid down in a separate Protocol.The Council, acting unanimously at the request of the Court of Justice and after consulting the European Parliament and the Commission, or at the request of the Commission and after consulting the European Parliament and the Court of Justice, may amend the provisions of the Statute."17. Article 45b, shall be amended as follows:(a) Paragraph 1 shall be replaced by the following: "1. The Court of Auditors shall consist of one national from each Member State.";(b) Paragraph 3 shall be replaced by the following: "3. The Members of the Court of Auditors shall be appointed for a term of six years. The Council, acting by a qualified majority after consulting the European Parliament, shall adopt the list of Members drawn up in accordance with the proposals made by each Member State. The term of office of the Members of the Court of Auditors shall be renewable.They shall elect the President of the Court of Auditors from among their number for a term of three years. The President may be re-elected."18. Article 45c shall be amended as follows:(a) paragraph 1 shall be replaced by the following: "1. The Court of Auditors shall examine the accounts of all revenue and expenditure of the Community. It shall also examine the accounts of all revenue and expenditure of all bodies set up by the Community insofar as the relevant constituent instrument does not preclude such examination.The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Union. This statement may be supplemented by specific assessment for each major area of Community activity.";(b) Paragraph 4 shall be replaced by the following: "4. The Court of Auditors shall draw up an annual report after the close of each financial year. It shall be forwarded to the other institutions of the Community and shall be published, together with the replies of these institutions to the observations of the Court of Auditors, in the Official Journal of the European Union.The Court of Auditors may also, at any time, submit observations, particularly in the form of special reports, on specific questions and deliver opinions at the request of one of the other institutions of the Community.It shall adopt its annual reports, special reports or opinions by a majority of its Members. However, it may establish internal chambers in order to adopt certain categories of reports or opinions under the conditions laid down by its Rules of Procedure.It shall assist the European Parliament and the Council in exercising their powers of control over the implementation of the budget.The Court of Auditors shall draw up its Rules of Procedure. Those rules shall require the approval of the Council, acting by a qualified majority."19. Article 96 shall be amended as follows:(a) in paragraph 1, the terms "Article F.1(2)" shall be replaced by "Article 7(3)";(b) in paragraph 2, the terms "Article F(1)" shall be replaced by "Article 6(1)" and the terms "Article F.1(1)" shall be replaced by "Article 7(2)".