Protocol on the Statute of the Court of Justice of the European Union ***I European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council 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))#P7_TC1-COD(2011)0901A Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No …/2012 of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto
Date: 2012-07-05
Institutions: Committee on Budgets, Committee on Constitutional Affairs, Committee on Legal Affairs, European Parliament
Subjects: Court of Justice (EU), appointment of members, institutional reform, institutional structure, judicial proceedings, power to appoint








CE2013349EN.01055501.xml










29.11.2013   


EN


Official Journal of the European Union


CE 349/555





Thursday 5 July 2012Protocol on the Statute of the Court of Justice of the European Union ***I
P7_TA(2012)0294
European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council 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))
2013/C 349 E/34
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the request by the Court of Justice submitted to Parliament and the Council (02074/2011),










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having regard to 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, pursuant to which the draft act was submitted to Parliament (C7-0090/2011),










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having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,










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having regard to the opinion of the Commission (COM(2011)0596),










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having regard to the letter of the Court of Justice of 8 May 2012,










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having regard to the letter of the Commission of 30 May 2012,










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having regard to the undertaking given by the Council representative by letter of 31 May 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










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having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A7-0185/2012),










1.


Adopts its position at first reading hereinafter set out;










2.


Notes that, having regard to the partial renewal of the Court of Justice on 7 October 2012 and the urgent need to find a solution that guarantees the proper functioning of the Civil Service Tribunal, it is necessary for the proposed amendments to the Statute relating to the organisation of the Court of Justice and that of the General Court and to the Civil Service Tribunal to be adopted without further delay, as pointed out in the letter of the President of the Court of Justice of the European Union of 8 May 2012;










3.


Reserves its right to examine the part of the request on the membership of the General Court submitted by the Court at a later stage;










4.


Resolves to hold a debate in Parliament in the near future on the merits of introducing the possibility of issuing dissenting opinions at the Court of Justice;










5.


Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments.






Thursday 5 July 2012P7_TC1-COD(2011)0901A
Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No …/2012 of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU, Euratom) No 741/2012.)