CELEX: 52008DP0440
Language: en
Date: 2008-09-24 00:00:00
Title: Proceedings before the Court of Justice (Amendment of Rule 121) European Parliament decision of 24 September 2008 on amendment of Rule 121 of Parliament's Rules of Procedure on proceedings before the Court of Justice (2007/2266(REG))

14.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               CE 8/108
            
         Wednesday 24 September 2008Proceedings before the Court of Justice (Amendment of Rule 121)
   P6_TA(2008)0440
   European Parliament decision of 24 September 2008 on amendment of Rule 121 of Parliament's Rules of Procedure on proceedings before the Court of Justice (2007/2266(REG))
   2010/C 8 E/20
   
      The European Parliament,
   having regard to the letter from the chairman of the Committee on Legal Affairs of 26 September 2007,
   having regard to Rules 201 and 202 of its Rules of Procedure,
   having regard to the report of the Committee on Constitutional Affairs (A6-0324/2008),
   
               1.
            
            
               Decides to amend its Rules of Procedure as shown below;
            
         
               2.
            
            
               Points out that the amendment will enter into force on the first day of the next part-session;
            
         
               3.
            
            
               Instructs its President to forward this decision to the Council and the Commission, for information.
            
         
               PRESENT TEXT
            
            
               AMENDMENT
            
         
               
                  Amendment 1
               
            
         
               
                  Parliament's Rules of Procedure
               
               
                  Rule 121 — paragraph 3a (new)
               
            
         
                
            
            
               
                           
                              
                                 3a.
                              
                           
                        
                        
                           
                              The President shall submit observations or intervene on behalf of Parliament in court proceedings after consulting the committee responsible.
                           
                           
                              
                                 Where the President intends to depart from the recommendation of the committee responsible, he shall inform the committee accordingly and shall refer the matter to the Conference of Presidents, stating his reasons.
                              
                           
                           
                              
                                 Where the Conference of Presidents takes the view that Parliament should, exceptionally, not submit observations or intervene before the Court of Justice where the legal validity of an act of Parliament is being questioned, the matter shall be submitted to plenary without delay.
                              
                           
                           
                              
                                 In cases of urgency, the President may take precautionary action in order to comply with the time limits prescribed by the court concerned. In such cases, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.
                              
                           
                           
                              
                                 Interpretation:
                              
                           
                           
                              
                                 Nothing in the Rules prevents the committee responsible from deciding on appropriate procedural arrangements for the timely transmission of its recommendation in cases of urgency.