Sittings · Compare
What changed
PA_NonLeg
PR_DEC_Other
1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
on discharge in respect of the implementation of the general budget of the European Union for the financial year 2022, Section IV – Court of Justice of the European Union
(2023/2132(DEC))
– having regard to the general budget of the European Union for the financial year 2022,
– having regard to the consolidated annual accounts of the European Union for the financial year 2022 (COM(2023)0391 – C90251/2023),
– having regard to the annual report of the Court of Justice of the European Union to the discharge authority on internal audits carried out in 2022,
– having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2022, together with the institutions’ replies,
– having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2022, pursuant to Article 287 of the Treaty on the Functioning of the European Union,
– having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,
– having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, and in particular Articles 59, 118, 260, 261 and 262 thereof,
– having regard to Rule 100 of and Annex V to its Rules of Procedure,
– having regard to the opinion of the Committee on Legal Affairs,
– having regard to the report of the Committee on Budgetary Control (A9-0075/2024),
1. Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget of the Court of Justice of the European Union for the financial year 2022;
2. Sets out its observations in the resolution below;
3. Instructs its President to forward this decision and the resolution forming an integral part of it to the Court of Justice of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).
2. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2022, Section IV – Court of Justice of the European Union
(2023/2132(DEC))
– having regard to its decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2022, Section IV – Court of Justice of the European Union,
– having regard to Rule 100 of and Annex V to its Rules of Procedure,
– having regard to the opinion of the Committee on Legal Affairs,
– having regard to the report of the Committee on Budgetary Control (A9-0075/2024),
A. whereas in the context of the discharge procedure, the discharge authority wishes to stress the particular importance of further strengthening the democratic legitimacy of the Union institutions by improving transparency and accountability, and implementing the concept of performance-based budgeting and good governance of human resources;
B. whereas the Court of Justice of the European Union (the CJEU) is the judicial institution of the Union, having the task of ensuring compliance with Union law by overseeing the uniform interpretation and application of the Treaties and ensuring the lawfulness of measures adopted by the Union institutions, bodies, offices and agencies;
C. whereas the CJEU helps preserving the values of the Union and, through its case-law, works towards the building of Europe;
D. whereas the CJEU comprises two courts: the Court of Justice and the General Court;
1. Notes that the budget of the CJEU falls under MFF heading 7, ‘European public administration’, which amounted to EUR 11,6 billion in 2022 (representing 5,9 % of the total Union budget); notes that, in 2022, the CJEU’s budget of approximately EUR 0,5 billion represented 3,9 % of the total administrative expenditure;
2. Notes that the Court of Auditors in its Annual Report for the financial year 2022 examined a sample of 60 transactions under Administration, the same number as were examined in 2021; further notes that the Court of Auditors writes that administrative expenditure comprises expenditure on human resources, including expenditure on pensions, which in 2022 accounted for about 70 % of the total administrative expenditure, and expenditure on buildings, equipment, energy, communications and information technology and that its work over many years indicates that, overall, this spending is low risk;
3. Notes that, as part of its audit for 2022, the Court of Auditors examined the supervisory and control systems of the CJEU, in particular the implementation of internal control standards, risk management and the functioning of key controls defined in the Financial Regulation, including ex ante and ex post controls on payments;
4. Notes that 14 (23 %) of the 60 transactions contained errors but that the Court of Auditors, based on the five errors which were quantified, estimates the level of error to be below the materiality threshold;
5. Notes with satisfaction that the Court of Auditors, in its Annual Report for the financial year 2022, states that it did not identify any specific issues concerning the CJEU;
Budgetary and financial management
6. Notes that the overall budget allocated for the CJEU for 2022 amounted to EUR 467 900 000, an increase from EUR 444 049 000 in 2021 and in 2020, equivalent to an increase of 5,4 % from 2021 to 2022, and that 79 % of the budget in 2022 was used for its members and staff, 14 % for buildings, 6 % for IT and 1 % for other expenditure;
7. Notes that, in the course of the 2022, the CJEU made 19 budget transfers pursuant to Article 29 of the Financial Regulation, representing a total of EUR 12,7 million or 2,7 % of the appropriations for that financial year; notes further that the budgetary implementation rate for 2022 was 98,43 % which is in line with previous years;
8. Notes with satisfaction that the authorising officer by delegation declared that the resources allocated had been used for the purpose intended and in accordance with the principle of sound financial management and that the control procedures put in place provided the necessary guarantees as to the legality and regularity of the underlying transactions;
9. Welcomes that the CJEU is working on a wide range of IT systems, both internally and via service level agreements, across different areas that will make it more resource efficient;
10. Notes that Russia’s war of aggression against Ukraine in various ways created budgetary pressures for the CJEU, including through rising inflation and salary adjustments, strongly increasing energy costs and costs for a number of goods and services;
11. Notes that the general mission budget of the CJEU declined from EUR 405 000 in 2021 to EUR 390 000 in 2022, equivalent to a reduction of 3,7 %, which was primarily due to changes in working methods with a larger number of remote meetings; notes, furthermore, that the CJEU does not have a specific budget line for missions and travel of its President; notes, finally, that the budget line for the missions of all CJEU members declined from EUR 280 000 in 2021 to EUR 270 000 in 2022, equivalent to a reduction of 3,6 %, which was also primarily due to the increased use of videoconferencing tools;
Internal management, performance and internal control
12. Notes that, during 2022, the exceptional measures related to the COVID-19 pandemic were phased out and the CJEU started to function normally; welcomes in that regard that the number of visitors increased to 11 653 persons in 2022 which, however, is still not at the pre-pandemic level when there was 17 136 visitors (in 2019), but that that might also partly be due to new possibilities to visit the CJEU virtually;
13. Notes with satisfaction that 2022 marked the 70 year anniversary of the CJEU which constitutes a very important anniversary for the entire Union; applauds that the CJEU used the opportunity to launch initiatives under the theme ‘Bringing justice closer to the citizen’, including the new initiative of offering a streaming service for hearings on the Curia website;
14. Notes that, in 2022, for the Court of Justice, 68 % of new cases were references for preliminary rulings, 24 % were appeals against decisions of the General Court, and 4 % were actions against Member States for failure to fulfil obligations; notes further that, in 2022, for the General Court, 46 % of new cases concerned actions for annulment of acts of Union institutions, 30 % concerned actions relating to intellectual property, and 7 % concerned disputes between institutions of the Union and their staff;
15 Notes that the number of cases brought before the two courts in 2022 is comparable to that of the previous year (1 710 cases in 2022 as compared to 1 720 in 2021) and underlines that, together, the Court of Justice and the General Court were able to complete 1 666 cases in 2022, compared to 1 723 in 2021, which corresponds to the average in recent years (1 692 cases per year between 2018 and 2021); notes, however, that the total number of pending cases is increasing, with 2 585 cases pending in 2022 compared to 2 541 in 2021;
16. Notes that the average length of proceedings for cases brought before the Court of Justice remained similar to the previous year, amounting to 16,4 months in 2022 compared to 16,6 months in 2021; welcomes that the average length of proceedings for cases brought before the General Court decreased compared to the previous year, amounting to 16,2 months in 2022 compared to 17,3 months in 2021;
17. Welcomes that the CJEU has provided a summary of the number and type of internal audits carried out in the CJEU and a synthesis of the recommendations and the action taken on those recommendations in line with Article 118(8) of the Financial Regulation; notes that the internal auditor has an annual work programme with a multiannual component;
18. Notes that the most important internal audits in 2022 concerned bank account management, treasury and payment execution, insurance contracts and risk coverage, dissemination of sustainability information and translation management flow;
19. Notes that, in the replies to the questionnaire from Parliament’s Committee on Budgetary Control that formed part of the present discharge procedure, the CJEU mentions that the internal audits gave rise to many recommendations which have been welcomed by the relevant services; asks that Parliament be informed if recommendations from the internal auditor are not followed up by the relevant services;
Human resources, equality and staff well-being
20. Notes that the Court of Justice is composed of 27 Judges and 11 Advocates General and that no new Judge took office in 2022; notes further that the General Court is composed of 54 Judges and that eight new Judges took office during 2022;
21. Notes with concern that the Court of Justice and the General Court continue to have a very unbalanced gender composition and that of the eight new Judges taking office in the General Court in 2022, five were men and three were women; reiterates its appreciation of the letter from the President of the General Court to the President of the Conference of the Representatives of the Member States in 2021, calling for Member States to take the need for gender balance into account when nominating candidates for the replacement of Judges; regrets that the letter has remained unanswered;
22. Appreciates that the CJEU, as part of its answers to the questionnaire from Parliament’s Committee on Budgetary Control, provided very detailed information on the distribution of staff at the end of 2022;
23. Notes that, at the end of 2022, the CJEU employed 2253 members of staff, a slight increase from 2 247 members of staff at the end of 2021 and 2 239 at the end of 2020; notes that the overall gender distribution at the end of 2022 was 893 men, equivalent to 40 %, and 1 360 women, equivalent to 60 %; notes, furthermore, that the overall distribution among the categories of staff was 1 300 officials (58 %), 774 temporary agents (34 %) and 179 contract agents (8 %), which represents a small decline in the percentage of members of staff that are officials as compared to 2021, mirrored by a small increase in the percentage that are temporary agents and no change with respect to contract agents;
24. Notes that for senior management the gender distribution was nine men and six women, equivalent to 60 % mem and 40 % women; notes that for middle management the gender distribution was 36 men and 24 women, also equivalent to 60 % men and 40 % women;
25. Welcomes that all Union nationalities are represented on the staff of the CJEU; notes, however, with regret that nationals from some Member States are overrepresented; notes in this regard that French nationals constitute 505 out of the 2 253 staff members, equivalent to 22 %, and that the overrepresentation is even higher among assistants (ASTs), where they constitute 223 out of 719 members of staff, equivalent to 31 %; notes that Belgian nationals and Italians are overrepresented at the administrator (AD) level with 108 and 97 staff out of 1 274 respectively; notes also that Cyprus is the most underrepresented country with only 2 nationals in official and temporary agent AD positions and lacks any nationals in AST and assistant-secretarial (AST-SC) positions; notes, that the CJEU should strive for more balanced representation of Union nationals across all the positions and aim to guarantee an adequate geographical distribution;
26. Encourages the CJEU to support a multilingual working environment; remarks that even though according to the Rules of Procedure of the European Court of Justice, Chapter 8, Article 36, the language of a case can be any Union language (Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish or Swedish), the daily administrative work is nonetheless done 90 % in French; encourages the other two working languages of the European Union, namely German and English, to be used more frequently on a daily basis in the daily administrative work of the CJEU to encourage multilingualism and in order to make employment more accessible to nationals of all member states, including those where French is not offered in schools; notes that this would also help contribute to more equal distribution of nationalities among staff of the CJEU, calls on all institutions to guarantee multilingualism;
27. Welcomes the work done in the High Level Interinstitutional Group on enhancing the attractiveness of Luxembourg for staff; encourages the CJEU to continue working with the other Luxembourg-based institutions on different actions, including the idea of introducing a special housing allowance to offset the high rental felt especially by staff on lower grades and to ensure that the CJEU staff benefit from suitable arrangements for their living conditions; asks that Parliament be updated on the progress of all such initiatives;
28. Notes with satisfaction that the CJEU, on 1 May 2022, introduced a new teleworking scheme providing the possibility of working from home two days per week; notes, furthermore, that the scheme allows staff to work up to 10 days per year from outside the place of employment, and that a survey among managers showed global satisfaction with this possibility which has proven compatible with the proper functioning of the services;
29. Notes with concern that the number of days of sick leave in 2022 within the CJEU was 23 702, equivalent to an increase of 38 % from 2021 when the number of days of sick leave was 17 138; notes at the same time that, in 2019, there were 25 629 days of sick leave and that the relatively low number in 2021 might be related to the COVID-19 pandemic;
30. Notes with concern that 46 members of staff reported exhaustion for work-related reasons while the medical services of the CJEU estimates that in 2022 there were 23 cases where members of staff showed symptoms that could be associated with a diagnosis of burnout; notes that the CJEU has offered training courses for managers in order to raise awareness about the different risks related to burnout and about staff well-being; calls on the CJEU to maintain focus on this problem, to further consider how burnout can be prevented and to take all the necessary measures to ensure the wellbeing of its staff in order to bring the number of cases associated with burnout down; suggests the CJEU and other institutions establish a comments box where staff can leave comments ensuring that staff will not be subject to retaliation; urges that the content of such a comments box be taken seriously and analysed in order to help identify and ameliorate sources of burnout;
31. Encourages the human resource department to be more aware of the consequences and symptoms of long COVID, other viral sicknesses and autoimmune diseases; urges for the health insurance provided by CJEU and all other Union institutions to financially cover the therapies needed to treat those conditions;
32. Notes that one administrative enquiry concerning a case that may amount to sexual harassment was launched in 2023, concerning facts that took place in 2022, is currently ongoing;
33. Notes with appreciation that the CJEU is offering training courses to foster and encourage diversity within its services; notes, furthermore, that the CJEU has 27 members of staff with a disability, out of whom 14 are considered to have a severe disability; appreciates that, during 2022, there has been significant follow-up to an internal audit from 2021 in order to guarantee the rights of people with disabilities;
34. Notes that the CJEU welcomed 267 trainees during 2022; notes with appreciation that as of autumn 2022, following Parliament’s recommendation, the CJEU decided to remunerate all trainees except those that receive a grant from other sources; encourages the CJEU to examine whether trainees are proportionally represented from all member states;
35. Regrets that CJEU in 2022 accepted unpaid trainees, whether during the transition period following the adoption of the new decision on traineeships in November 2021 or due to alternative funding sources; highlights the contrast between the CJEU, which lacks a paid policy on traineeships, and other European Institutions that uphold such policies; urges the CJEU to provide transparency on the external financial sources of unpaid trainees and elaborate on the rationale behind maintaining this policy;
Ethical framework and transparency
36. Continues to appreciate the reforms made in 2021 concerning the members of the Court of Justice and of the General Court concerning their code of conduct and the declarations of interest which together with the new requirements for the curriculum vitae of the members represents an improvement in the transparency of the CJEU; is, nevertheless, of the opinion that the validity and usefulness of the declarations of interest could be improved through some kind of verification and quality control;
37. Welcomes that, since 2018, the CJEU has published a list of the external activities carried out by the members of both the Court of Justice and the General Court; notes that the list is difficult to read for the general public and recommends that it is made more informative by including information about the nature of the external activity; stresses that the members are expected to devote themselves fully to the performance of their duties at the CJEU and that they can only carry out external activities that are related to the performance of their duties and subject to prior authorisation being granted and only in the event that such activities are compatible with the requirements of the code of conduct and, in particular, with the obligation to be available for judicial activities;
38. Notes the decision from 2021 concerning members’ travel, missions and use of drivers and cars, which implies that members will have to cover all the running costs for the use of a vehicle not covered by a mission order above 10 000 km; is of the opinion that the use of the car fleet outside of the strict performance of the duties of the members of the CJEU should not take place under any circumstance; calls on all Union institutions to agree on a single system to be applied horizontally which would reduce the confusion and increase transparency and efficiency in the use of public money;
39. Welcomes the fact that the CJEU is training all newcomers on all ethical aspects as well as on the rights and obligations of officials and agents as set out in the Staff Regulations, also covering whistleblowing, prohibition of harassment, prevention of conflicts of interest and other ethical issues; also welcomes the organisation of six training courses entitled ‘Rules of Good Conduct’ with the participation of 70 staff members and 11 training courses entitled ‘Internal control’ with the participation 80 staff members; encourages the CJEU to make one ‘Rule of Good Conduct’ training course a requirement for all staff, whether old or new, to encourage a safe and productive workspace and ethical handling of cases;
40. Notes with satisfaction that no new investigations involving the CJEU were opened by the European Anti-Fraud Office (OLAF) in 2022 but that one investigation, which is dealing with the conduct of staff that may constitute a serious failure to comply with their obligations, is still ongoing, and that four cases handled by the European Ombudsman concerning the CJEU found no maladministration, meaning that no recommendations were issued by the European Ombudsman with regard to the CJEU in 2022; notes that there were no cases of whistleblowing in the CJEU in 2022;
41. Regrets strongly that the new code of conduct for members of staff, which was originally expected to be finalised by the end of 2021, was still not finalised by the end of 2022; notes that the new code of conduct was expected to be adopted by the end of 2023 but it is still in the adoption process; calls on the Court to finalise and adopt a new code of conduct with no delay, in line with requests from previous discharge cycles, and asks that Parliament be informed about its adoption and its content as soon as possible;
42. Welcomes that no conflicts of interest were detected in 2022; notes that 112 requests under Article 16 of the Staff Regulations concerning professional activities after leaving the service were examined and that all were approved; notes, furthermore, that nine cases of outside activity during leave of absence for personal reasons were declared and that all were approved; considers that that area could potentially be examined by the internal auditor or the proposed EU Ethics Body;
Digitalisation, cybersecurity and data protection
43. Welcomes that the CJEU sped up the implementation of an integrated case management system (SIGA), which will allow it to work on an entirely digital, secure and integrated workflow, and welcomes that the CJEU progressed with the implementation of the HAN/Ares program concerning all administrative services of the CJEU; asks the CJEU to keep Parliament updated on such implementation as part of the annual discharge procedure;
44. Appreciates that the CJEU decided to no longer use cloud platforms for sensitive judicial data processed in order to protect the data and system ownership with the aim of hosting all its data on site and not having a business critical dependency with any external systems; further welcomes the CJEU’s policy to avoid the use of any tool or infrastructure hosted in the cloud for the purpose of handling non-public information in order to protect personal data and keep a complete control of its systems and data;
45. Notes with satisfaction the upward trend of the use rate of e-Curia with 94 % of lodgements before the General Court being made via e-Curia in 2022, compared to 93 % in 2021, and the use rate of e-Curia at the Court of Justice being approximately 87 % of all lodgements made this way in 2022, compared to 85 % in 2021;
46. Notes that no further enquiries by the European Data Protection Supervisor (EDPS) were communicated in 2022; awaits with interest the decision concerning the investigation from early 2021 concerning the use of third part web services and the obligation to make available the essence of a joint controller agreement; also awaits with interest the decision on the investigation regarding the use of cloud services provided by Amazon Web Services and Microsoft under Cloud II contracts by Union institutions, bodies and agencies;
47. Welcomes that the CJEU is considering how and to what extend digital technologies should be used in its work, for example to identify similarities between cases, for translation, for speech to text conversion and for automatised summaries of long documents; underlines that, in particular for a legal institution like the CJEU, automatised processes will always need to be accessed with regard to ethical aspects and supplemented with human oversight and control; highlights the importance of being able to cross-reference cases by key terms and key indicators in order to find overlaps or patterns in case content; also encourages the CJEU to look into possibilities to better transmit information to judges and their teams;
48. Welcomes that the CJEU employs open-source operating systems in roughly one third of its server base and that its first choice is to rely on internal hosted systems, based on open source technology, as it allows the CJEU to maintain technical control of its systems and control the data storage and data flows, thus ensuring a better data protection and privacy; encourages the CJEU to join the open-source initiative launched by the EDPS via its implementation of Nextcloud open source solutions;
49. Calls on the CJEU to make available on its website all the files related to a case after the ruling is published while ensuring the non-divulgation of private or sensitive information in order to protect personal data;
50. Welcomes the CJEU’s engagement in integrating artificial intelligence (AI) tools in its work and that a comprehensive strategy concerning AI was adopted in July 2023; underlines that it is of vital importance that AI is used in a manner which fully preserves the independence, the quality and the serenity of the legal processes, is in full consideration of ethical matters and is used under human oversight and allowing human intervention in order to avoid negative consequences or risks, or stop the system if it does not perform as intended; welcomes that the CJEU has created an AI board in charge of addressing ethical aspects and setting clear boundaries for the use of AI; reminds that the CJEU should ensure full user control, in compliance with the European Ethical Charter on the use of artificial intelligence (AI) in judicial systems and their environment; expects that staff guidelines on the use of AI were adopted by the end of autumn 2023, as indicated, and asks that Parliament be kept informed about the content of these guidelines;
51. Notes with concern that the CJEU reports that the number of cyberattacks continued to grow in 2022; is relieved that, despite their variety and volume, all attacks were handled by the protection systems in place or by the dedicated team for incident response at the CJEU, according to answers provided to the CJEU to questions posed by Parliament-s Committee on Budgetary Control in October 2023; welcomes at the same time that the CJEU is actively participating in the relevant interinstitutional Union structures in order to strengthen the overall cybersecurity of Union institutions; strongly urges the management of CJEU to keep strengthening cybersecurity a priority, urges management to proactively look into what aspect of the IT infrastructure makes CJEU vulnerable to attacks and to correct this as soon as possible, and to ensure regular audits and tests of its cyber defences;
52. Notes that the CJEU analysed the open data possibilities in 2022 and 2023 and that the CJEU intends to share all the published information available on its website as open data; however cautions the CJEU to have screeners before making published information available as open data, taking security, confidentiality, privacy rights and intellectual property rights into account;
Buildings
53. Notes with interest that the CJEU has set up a working group with representation from different parts of CJEU and its staff committee to reflect on the optimisation of the occupancy of the premises of the CJEU and that its conclusions were delivered in 2023; asks that Parliament is kept informed about the implementation of those conclusions and the consequences for the organisation of the workspace;
54. Notes with interest that an internal audit has been carried out concerning accessibility of the buildings for people with a disability and that the CJEU, following new Luxembourgish legislation, are implementing appropriate measures; welcomes that those measures include making courtrooms accessible for people with reduced mobility, such as tactile paving and handrails; asks that Parliament be kept informed about further initiatives in this area;
Environment and sustainability
55. Highly appreciates that the CJEU is producing a separate annual report related to the environmental footprint of the institution which could serve as a model for other institutions;
56. Congratulates the CJEU on the results achieved in terms of significantly reducing its general consumption in 2022 compared to the base year 2015; finds it especially impressive that heating was reduced by 23,6 %, paper by 42,6 %, canteen waste by 49,9 % and greenhouse gas emissions by 31,7 %;
57. Notes that the CJEU has had solar panels installed covering 3 447,8 m2, which produced 452 959 kWh in 2022; encourages the CJEU to continue working on identifying possibilities regarding the reduction of general consumption, recycling and the generation of renewable energy;
58. Welcomes that the CJEU has taken several initiatives to support and increase sustainable mobility, including subsidies for public transportation, subsidies for self-service bicycles, improved bike parking facilities and improved facilities for hybrid and electrical cars;
Interinstitutional cooperation
59. Welcomes that the CJEU has a wide range of service level agreements with other Union institutions which helps reduce costs for the institutions involved and ensures that similar procedures, techniques and work flows are used across the institutions; appreciates in particular the service level agreements with the Commission’s Office for the Management and Payment of Individual Entitlements and the service level agreement with the Commision’s Directorate General for Digital Services as a service provider hosting CJEU’s information systems including eCuria, Cvria portal and others; also acknowledges the continued cooperation within the Interinstitutional Committee for Translation and Interpretation; welcomes finally that a new service level agreement was signed with the Publications Office of the European Union in 2023 after negotiations in 2022 which covers all the aspects of the collaboration for the first time;
60. Notes with appreciation that the CJEU, together with all other Union institutions, bodies, offices and agencies, have entered into a joint procurement for the supply of accident insurance as referred to in Article 73 of the Staff Regulations;
61. Welcomes the fact that cooperation with the European Public Prosecutor’s Office (EPPO) has been developed further and that a memorandum of understanding has been signed in order to create in-depth cooperation regarding bibliographic and documentary services for the benefit of both institutions; welcomes further that specific training has been proposed to EPPO prosecutors to enable them to familiarise themselves with the activities of the CJEU;
62. Appreciates that the CJEU fully cooperates with OLAF, the Court of Auditors, the EDPS and the European Ombudsman, including by ensuring its internal decisions on OLAF investigations are updated in order to ensure compliance with the latest requirements;
63. Encourages the CJEU to share the number of intellectual property cases and the specific points of dispute with the Commission and the European Union Intellectual Property Office to explore reasons why 30 % of concerned actions in the General Court in 2022 were relating to intellectual property, with the goal of assisting in identifying possible gaps in Union legislative acts; considers that the Union budget could be spared handling those cases if a specific point of dispute could be identified and solved by a new Union legislative act;
64. Acknowledges the pursuit of the activities carried out by the Judicial Network of the European Union which contributes to fostering and facilitating the cooperation between the CJEU and the national courts, particularly in the fields of judicial monitoring, legal research, multilingual terminology and emerging technologies, as well as to promoting the pooling of the most efficient practices in the administration of justice;
Communication
65. Notes that, in 2022, the budget for communications, covering content preparation and printing of internal and external publications was EUR 527 500, equivalent to an increase of 3,3 % from 2021;
66. Welcomes that the CJEU has used its 70 year anniversary as an opportunity to strengthen its transparency and its communication with Union citizens and to organise two open days with the possibility for citizens to ask questions on-site; encourages the CJEU to consider following up on these initiatives also in the coming years;
67. Notes with appreciation that, in 2022, the CJEU started a streaming service of te case hearings assigned to the Grand Chamber, providing the public with an opportunity to have a better understanding of how the CJEU works; encourages the CJEU to widen this initiative to ensure more transparency;
68. Welcomes that the CJEU actively participates in the EU Voice project launched by EDPS to interact with the public and which intends to promote the use of decentralised, free and open source social networks, as an alternative to propriety ones;
69. Is of the view that, as the Court of Justice is increasingly required to rule on matters of a constitutional nature and related to human rights and the Charter of Fundamental Rights of the European Union, transparency and openness of the Union judicial process should be strengthened; in this regard welcomes the setting up of a streaming system for hearings of the Court of Justice which serves to strengthen the CJEU’s ‘Citizen Court’ dimension through increased accessibility for the general public; stresses in this regard that the new streaming system needs to be gradually supplemented by additional external means of communication that will allow for greater visibility of the work of the institution;
70. Welcomes that an initiative offering remote visits to the CJEU was launched in 2022 after the pilot phase was completed in 2021, giving young people between the ages of 15 and 18 an understanding of the CJEU and the impact of case-law on their daily lives and increasing their understanding of their rights as Union citizens and of the democratic values of the Union; encourages the CJEU to expand those remote visits targeted towards youth to people between the ages of 15 and 29; further encourages the CJEU to also offer remote visits to citizens of all ages, emphasizes that remote visits should be as accessible as possible to all Europeans;
71. Notes that the CJEU, together with several other Union institutions, actively participate in a project launched by the EDPS with regular publications on the Mastodon decentralised social media using a free and open-source software; notes that the CJEU also uses the X (formerly Twitter) and LinkedIn platforms, and that the CJEU continued its former practice of publishing on both the X (formerly Twitter) and Mastodon platforms as soon as a technical solution allowing for an automated parallel publication was found; encourages the CJEU to post regularly where it has a presence on a social media platform to avoid stagnant social media accounts as that risks giving the impression of inactivity in the daily work of the CJEU.
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
Entity and/or person
Secretary General of the Court of Justice of the European Union
Director of Directorate for the Budget and Financial Affairs
The list above is drawn up under the exclusive responsibility of the rapporteur.
06.02.2024
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS
for the Committee on Budgetary Control
on discharge in respect of the implementation of the general budget on the 2022 discharge: General budget of the EU - Court of Justice of the European Union
(2023/2132(DEC))
Rapporteur for opinion: Adrián Vázquez Lázara
SUGGESTIONS
The Committee on Legal Affairs calls on the Committee on Budgets,Budgetary Control, as the committee responsible, to incorporate the following suggestions into its motion for a resolution:
1. Appreciates the high rate of use of the final appropriations for 2022 (98.4 %), as in previous years (98.7% for 2021 and 99% for 2020);
1. Takes note of the institution's return to normal after two difficult years marked by the COVID-19 pandemic; in this respect, welcomes the continued use of technological tools put in place in response to the pandemic;
2. Stresses that the budget of the CJEU is essentially administrative, with around 75% of the appropriations related to expenditure for Members and staff, and almost all of the rest related to expenditure for buildings and IT;
2. Appreciates the high rate of use of the final appropriations for 2022 (98.4 %), as in previous years (98.7% for 2021 and 99% for 2020);
3. Notes that the average length of proceedings for cases completed before the Court of Justice remained similar to that of the previous year (16.4 months in 2022, 16.6 months in 2021);
3. Stresses that the budget of the CJEU is essentially administrative, with around 75% of the appropriations related to expenditure for Members and staff, and almost all of the rest related to expenditure for buildings and IT;
4. Welcomes the factNotes that the average length of proceedings for cases completed before the General Court hasof decreasedJustice remained similar to 16.2that of the previous year (16.4 months in 20222022, (17.316.6 months in 2021);
5. Notes that the number of cases brought before the two courts in 2022 is comparable to that of the previous year (1 710 cases in 2022, as against 1 720 in 2021) and underlines that, together, the Court of Justice and the General Court were able to complete 1 666 cases in 2022 ( 1 723 in 2021), which corresponds to the average in recent years (1 692 cases per year between 2018 and 2021);
5. Welcomes the fact that the average length of proceedings for cases completed before the General Court has decreased to 16.2 months in 2022 (17.3 months in 2021);
6. Acknowledges the pursuit of the activities carried out by the Judicial Network of the European Union, which contributes to fostering and facilitating the cooperation between the CJEU and the national courts, particularly in the fields of judicial monitoring, legal research, multilingual terminology and emerging technologies, as well as to promoting the pooling of the most efficient practices in the administration of justice;
6 Notes that the number of cases brought before the two courts in 2022 is comparable to that of the previous year (1 710 cases in 2022, as against 1 720 in 2021) and underlines that, together, the Court of Justice and the General Court were able to complete 1 666 cases in 2022 ( 1 723 in 2021), which corresponds to the average in recent years (1 692 cases per year between 2018 and 2021); notes, however, that the total number of pending cases is increasing, with 2 585 cases pending in 2022 compared to 2 541 in 2021;
7. Welcomes the setting up of a streaming system for hearings of the Court of Justice which serves to strengthen the CJEU’s ‘Citizen Court’ dimension through increased accessibility for the general public;
7. Notes that most of the cases pending at the Court of Justice relate to the area of freedom, security and justice, followed by approximation of laws, taxation, consumer protection and social policy;
8. Appreciates the makeover of the CJEU’s Annual Report with a view of improving transparency and giving better visibility of its activities;
8. Notes that most of the cases pending at the Court relate to intellectual and industrial property, state aid policy and economic and monetary policy;
9. Notes with satisfaction the advances in the development of the CJEU’s Integrated Case Management System (SIGA) which will replace a large number of applications currently in use, thus offering the possibility of greater optimisation and automation of the various stages of case processing;
9. Acknowledges the pursuit of the activities carried out by the Judicial Network of the European Union, which contributes to fostering and facilitating the cooperation between the CJEU and the national courts, particularly in the fields of judicial monitoring, legal research, multilingual terminology and emerging technologies, as well as to promoting the pooling of the most efficient practices in the administration of justice;
10. Notes with satisfaction the upward trend of the use rate of e-Curia: in 2022, 94% of lodgements before the General Court were made via e-Curia (93% in 2021) and the use rate of e-Curia at the Court of Justice was approximately 87% of all lodgements made this way (compared to 85% in 2021);
10. Welcomes the accelerating digitalisation of the CJEU by introduction of the electronic signature, used to sign judgments and orders of the General Court;
11. Welcomes the fact that the proportion of women in managerial posts remains at a high level (40% in 2022 as in 2021), confirming the global upward trend recorded since 2018 (41% in 2020, 39% in 2019 and 37.5% in 2018).
11. As the Court of Justice is increasingly required to rule on matters of a constitutional nature and related to human rights and the Charter of Fundamental rights, transparency and openness of the EU judicial process should be strengthened; to this regard, Welcomes the setting up of a streaming system for hearings of the Court of Justice which serves to strengthen the CJEU’s ‘Citizen Court’ dimension through increased accessibility for the general public, stresses in this regard, that the new streaming system, needs to be gradually supplemented by additional external means of communication, that will allow for greater visibility of the work of the institution;
12. Appreciates the makeover of the CJEU’s Annual Report with a view to improving transparency and its accessibility and giving better visibility of its activities;
13. Notes with satisfaction the advances in the development of the CJEU’s Integrated Case Management System (SIGA) which will replace a large number of applications currently in use, thus offering the possibility of greater optimisation and automation of the various stages of case processing;
14. Notes with satisfaction the upward trend of the use rate of e-Curia: in 2022, 94% of lodgements before the General Court were made via e-Curia (93% in 2021) and the use rate of e-Curia at the Court of Justice was approximately 87% of all lodgements made this way (compared to 85% in 2021);
15. Notes that, of the 2 254 officials and agents, 60% are women; welcomes the fact that the proportion of women in managerial posts remains at a high level (40% in 2022 as in 2021), confirming the global upward trend recorded since 2018 (41% in 2020, 39% in 2019 and 37.5% in 2018); notes, however, the still existing imbalanced situation in terms of women’s representation among the judges of both the Court of Justice and the General Court; exhorts, once again, the Members of the Council to address this situation by actively promoting gender parity in the appointment of judges, in line with the principles enshrined in Article 8 TFEU and Article 23 of the Charter of Fundamental Rights of the EU, and with the commitments taken under Regulations 2015/2422 and 2019/629.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR FOR THE OPINION HAS RECEIVED INPUT
The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
INFORMATION ON ADOPTION IN COMMITTEE ASKED FOR OPINION
Date adopted
29.11.2023
Result of final vote
+:
–:
0:
22
0
0
Members present for the final vote
Pascal Arimont, Geoffroy Didier, Ibán García Del Blanco, Virginie Joron, Pierre Karleskind, Sergey Lagodinsky, Gilles Lebreton, Karen Melchior, Sabrina Pignedoli, Jiří Pospíšil, Raffaele Stancanelli, Adrián Vázquez Lázara, Axel Voss, Marion Walsmann, Tiemo Wölken, Javier Zarzalejos
Substitutes present for the final vote
Daniel Buda, Pascal Durand, Heidi Hautala
Substitutes under Rule 209(7) present for the final vote
Sylvie Guillaume, Pedro Marques, Anne-Sophie Pelletier
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
Key to symbols:
INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE
Date adopted
22.2.2024
Result of final vote
+:
–:
0:
21
2
0
Members present for the final vote
Gilles Boyer, Olivier Chastel, Caterina Chinnici, Carlos Coelho, Beatrice Covassi, Luke Ming Flanagan, Daniel Freund, Isabel García Muñoz, Monika Hohlmeier, Joachim Kuhs, Petri Sarvamaa, Eleni Stavrou, Angelika Winzig, Lara Wolters
Substitutes present for the final vote
Corina Crețu, Jozef Mihál, Andrey Novakov, Mikuláš Peksa, Sabrina Pignedoli, Michal Wiezik
Substitutes under Rule 209(7) present for the final vote
Marie Dauchy, Ljudmila Novak, Mick Wallace
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
Key to symbols: