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REPORT (07307/2022 – C9-0405/2022 – 2022/0906(COD))

On the draft regulation of the European Parliament and of the Council amending Protocol No 3 on the Statute of the Court of Justice of the European Union

A-9-2023-0278

Committee on Legal Affairs · Rapporteur: Ilana Cicurel

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal amends Protocol No 3 on the Statute of the Court of Justice. It transfers to the General Court jurisdiction to give preliminary rulings in six specific areas, keeps certain cases with the Court of Justice, and extends the appeal admission mechanism. The General Court would hear preliminary rulings on value added tax, excise duties, the Customs Code, tariff classification, passenger compensation and assistance, and greenhouse gas emission allowance trading. The Court of Justice would keep cases raising independent questions of primary law, public international law, general principles of Union law or the Charter, and would decide which requests to transmit. The text adds public access to Court documents, lets Parliament submit observations in preliminary ruling proceedings, and requires a public consultation before future Statute amendments. The Court of Justice would publish a list of examples of Article 50b and report to Parliament, the Council and the Commission on the reform.

Committee position. The Committee on Legal Affairs adopts Parliament's first-reading position amending the Court of Justice's draft. It supports transferring preliminary ruling jurisdiction in specific areas to the General Court, while adding safeguards on jurisdiction, transparency, Advocate Generals, an intermediate chamber, Parliament's right to submit observations, and monitoring.

Key points

  1. The General Court gains jurisdiction over preliminary rulings that fall exclusively within six listed areas: value added tax, excise duties, the Customs Code, tariff classification, passenger compensation and assistance, and greenhouse gas emission allowance trading.
  2. The Court of Justice keeps jurisdiction over requests raising independent questions of primary law, public international law, general principles of Union law or the Charter of Fundamental Rights.
  3. Every preliminary ruling request goes first to the Court of Justice, which verifies whether it falls exclusively within the listed areas and transmits it to the General Court within one month.
  4. The General Court must refer a request back to the Court of Justice if it finds it lacks jurisdiction, and the Court of Justice must refer to the General Court cases within the latter's jurisdiction.
  5. The General Court is assisted by Advocate Generals elected from Judges not in a chamber designated for preliminary rulings, for a three-year term, renewable once.
  6. The General Court may sit in a chamber of intermediate size between the chambers of five Judges and the Grand Chamber if a Member State or Union institution that is a party so requests.
  7. Appeals against General Court decisions on independent boards of appeal of listed offices, bodies and agencies, and on contracts with an arbitration clause, proceed only if the Court of Justice allows them.
  8. An appeal is allowed to proceed where it raises an issue significant for the unity, consistency or development of Union law; the decision must be reasoned and published.
  9. Any citizen or natural or legal person residing in a Member State has a right to access Court documents on request, subject to refusal where disclosure would harm public interest, privacy, integrity, commercial interests or decision-making.
  10. Parliament is added to the parties entitled to submit statements of case or written observations in preliminary ruling proceedings, whether or not an act it adopted is in dispute.
  11. The Court of Justice must publish and update a list of examples of Article 50b and report to Parliament, the Council and the Commission on the reform, including case numbers, areas, durations and the admission mechanism.
  12. Future amendments to the Statute requested by the Court of Justice require a public consultation of two months before the Court adopts its legislative request.

Who is affected

  • National courts referring preliminary questions: their requests go to the Court of Justice, which decides whether the General Court hears them.
  • The General Court: gains jurisdiction over six areas, must apply equivalent procedural rules and may sit in an intermediate chamber.
  • The Court of Justice: keeps certain cases, verifies and transmits requests, and reports on the reform.
  • Offices, bodies and agencies with independent boards of appeal: appeals against General Court decisions on their board rulings need the Court of Justice's permission.
  • The public and parties to proceedings: may request access to Court documents, subject to exceptions.

Figures and deadlines

  • One month from notification for the Court of Justice to transmit a request to the General Court.
  • Three years: term of elected Advocate Generals and deadline for the Court's report on the reform.
  • Two months: period for submitting observations after notification of a preliminary ruling request, and public consultation period for future Statute amendments.
  • One year after entry into force: deadline for the Court of Justice to publish the list of examples of Article 50b.
  • 1 May 2019: date used to identify independent boards of appeal covered by the extended admission mechanism.

Legal basis: Article 256(3) and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union, and Article 106a(1) of the Treaty establishing the European Atomic Energy Community.