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DRAFT REPORT (2023/2132(DEC))

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

CONT-PR-753480

Committee on Budgetary Control · Rapporteur: Luke Ming Flanagan

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This is a draft report by the Committee on Budgetary Control on granting discharge to the Registrar of the Court of Justice of the European Union for the 2022 budget. It proposes to grant or postpone discharge and sets out observations on the Court's budgetary and financial management, internal management, human resources, ethics, digitalisation, buildings, environment, interinstitutional cooperation and communication. The observations note the Court's budget of EUR 467 900 000, a 98.43% implementation rate, and that the Court of Auditors found no specific issues. They also raise concerns about gender imbalance, sick leave, burnout, cyberattacks, and the delayed code of conduct for staff.

Committee position. The rapporteur proposes that Parliament grant or postpone discharge to the Registrar of the Court of Justice for the 2022 budget and sets out observations in a resolution covering budgetary management, human resources, ethics, digitalisation, buildings, environment, interinstitutional cooperation and communication.

Key points

  1. Parliament grants or postpones discharge to the Registrar of the Court of Justice for the 2022 budget and sets out observations in a resolution.
  2. The Court's 2022 budget was EUR 467 900 000, up 5.4% from 2021, with 79% for members and staff, 14% for buildings, 6% for IT and 1% for other expenditure.
  3. The Court made 19 budget transfers totalling EUR 12.7 million (2.7% of appropriations) and achieved a 98.43% implementation rate.
  4. The Court of Auditors examined 60 transactions, found 14 (23%) with errors, but estimated the error level below the materiality threshold and identified no specific issues concerning the Court.
  5. The Court's mission budget declined from EUR 405 000 in 2021 to EUR 390 000 in 2022, and the budget line for missions of all members declined from EUR 280 000 to EUR 270 000.
  6. The Court employed 2253 staff at end-2022 (40% men, 60% women), with French nationals constituting 505 (22%) and overrepresented among ASTs at 31%.
  7. Sick leave days rose to 23 702 in 2022, a 38% increase from 2021, and 46 staff reported exhaustion while 23 cases showed symptoms associated with burnout.
  8. The Court introduced a teleworking scheme allowing two days per week at home and up to 10 days per year from outside the place of employment.
  9. The new code of conduct for staff, expected by end-2021, was still not finalised by end-2022; the Court was expected to adopt it by end-2023.
  10. The Court adopted a comprehensive AI strategy in July 2023, created an AI board, and expects staff guidelines on AI use by end-Autumn 2023.
  11. The Court reduced heating by 23.6%, paper by 42.6%, canteen waste by 49.9% and greenhouse gas emissions by 31.7% in 2022 compared to 2015.
  12. The Court signed a memorandum of understanding with the European Public Prosecutor's Office and cooperates with OLAF, the Court of Auditors, the EDPS and the European Ombudsman.

Who is affected

  • The Court of Justice of the European Union and its Registrar, who are subject to the discharge decision and observations.
  • Court staff, who are affected by teleworking, sick leave, burnout, training and the code of conduct.
  • Members of the Court of Justice and General Court, who are affected by gender balance, declarations of interest and travel rules.
  • Luxembourg-based institutions, which cooperate on staff attractiveness and housing.
  • Other Union institutions, bodies, offices and agencies, which cooperate with the Court on service level agreements and procurement.

Figures and deadlines

  • EUR 11.6 billion: MFF heading 7 'European public administration' in 2022, representing 5.9% of the total Union budget.
  • EUR 467 900 000: the Court's overall budget for 2022, an increase of 5.4% from 2021.
  • EUR 12.7 million: total of 19 budget transfers in 2022, or 2.7% of appropriations.
  • 98.43%: the budgetary implementation rate for 2022.
  • EUR 405 000 in 2021 to EUR 390 000 in 2022: the general mission budget, a reduction of 3.7%.
  • EUR 280 000 in 2021 to EUR 270 000 in 2022: the budget line for missions of all members, a reduction of 3.6%.
  • 23 702 days: sick leave in 2022, an increase of 38% from 17 138 days in 2021.
  • EUR 527 500: the 2022 communications budget, an increase of 3.3% from 2021.

Legal basis: Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union.