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DRAFT 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

JURI-PR-749912

Committee on Legal Affairs · Rapporteur: Ilana Cicurel

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This is the rapporteur's draft report on a draft regulation amending Protocol No 3 on the Statute of the Court of Justice of the European Union. It supports the reform's aim of transferring certain preliminary ruling requests to the General Court and broadening the admission mechanism for appeals. The rapporteur proposes clarifying that the Court of Justice keeps jurisdiction over independent questions of primary law, public international law, general principles of law or the Charter of Fundamental Rights, and updating Article 54 of the Statute accordingly. She proposes that a Member State or EU institution party to proceedings may request the convening of an intermediate chamber of the General Court, and that the Court report within three years on the reform's implementation.

Committee position. The rapporteur supports the reform's objectives but proposes clarifying the division of jurisdiction between the Court of Justice and the General Court, updating Article 54 of the Statute, allowing a party to request the General Court's intermediate chamber, and requiring a report within three years.

Key points

  1. The rapporteur agrees with the reform's objective of improving the quality of justice by ensuring cases are dealt with expeditiously and resources go to the most complex and sensitive cases.
  2. She supports giving the General Court jurisdiction over requests for a preliminary ruling in specific areas identified by the legislature, citing the upward trend in such requests and the doubling of the General Court's judges in the 2015 reform.
  3. She calls on the Court of Justice to make greater use of its Rules of Procedure tools for dialogue with referring courts.
  4. She supports broadening the scope of the initial admission mechanism for appeals before the Court of Justice.
  5. She wants the Statute itself, not the recitals, to state that the Court of Justice keeps jurisdiction over independent questions of interpretation of primary law, public international law, general principles of law or the Charter of Fundamental Rights.
  6. She proposes updating Article 54 of the Statute and publishing regularly updated examples of how the criteria in Article 50b are applied.
  7. She proposes allowing a Member State or EU institution party to proceedings to request the convening of the General Court's intermediate chamber.
  8. She calls for close monitoring of the reform and proposes the Court draw up a report within three years assessing whether the objectives were achieved.
  9. The draft amendment to Article 50 of the Statute adds a paragraph letting a Member State or Union institution party to proceedings request the intermediate chamber.
  10. The draft amendment to Article 50b clarifies that independent questions of interpretation of higher sources of law must not fall under the General Court's jurisdiction.
  11. The draft amendment to the second paragraph of Article 54 requires the General Court to refer to the Court of Justice any request for a preliminary ruling that does not fall within its jurisdiction, and vice versa.

Who is affected

  • The Court of Justice of the European Union: keeps jurisdiction over independent questions of primary law, public international law, general principles of law and the Charter.
  • The General Court: gains jurisdiction over certain preliminary ruling requests and must refer cases outside its jurisdiction to the Court of Justice.
  • Member States and EU institutions party to proceedings: may request the convening of the General Court's intermediate chamber.
  • National courts: the reform aims to enhance dialogue between the Court of Justice and referring courts.

Figures and deadlines

  • Within three years: deadline for the Court's report assessing the reform's implementation.
  • More than five judges: the size threshold for cases meriting the General Court's intermediate chamber.

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.