Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council of 25 October 2012 relating to temporary Judges of the European Union Civil Service Tribunal

31.10.2012 EN Official Journal of the European Union L 303/83
REGULATION (EU, EURATOM) No 979/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2012
relating to temporary Judges of the European Union Civil Service Tribunal
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 257 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Protocol No 3 on the Statute of the Court of Justice of the European Union, and in particular Article 62c thereof and Article 2(2) of Annex I thereto,
Having regard to the request of the Court of Justice,
Having regard to the opinion of the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) It is necessary, in accordance with the second paragraph of Article 62c of Protocol No 3 on the Statute of the Court of Justice of the European Union (the Statute) and Article 2(2) of Annex I thereto, to lay down the conditions under which temporary Judges are to be appointed to the European Union Civil Service Tribunal (the Civil Service Tribunal), their rights and duties, the detailed rules governing the performance of their duties and the circumstances in which they would cease to perform those duties.
(2) Temporary Judges should be chosen from among persons who are capable of performing immediately the duties of Judge at the Civil Service Tribunal. The appointment of former members of the Court of Justice, of the General Court or of the Civil Service Tribunal could ensure that those requirements are met.
(3) In view of the circumstances in which temporary Judges would be appointed, the process should have the requisite flexibility. To that end, the Council should be responsible for drawing up a list of three persons appointed as temporary Judges. Should it become necessary to replace, on a temporary basis, a Judge who, on medical grounds, is prevented from acting, the Civil Service Tribunal would take the decision to avail itself of the assistance of a temporary Judge. Pursuant to that decision, the President of the Civil Service Tribunal would call upon one of the temporary Judges named on the list adopted by the Council in the order laid down in that list to perform his duties.
(4) The method of remuneration of temporary Judges should also be provided for, as should the question of the effects of their duties and of that remuneration on the emoluments to which they are entitled as former members of the Court of Justice of the European Union.
(5) Finally, it is important to make provision for the cessation of temporary Judges’ duties,