Legal provisions of COM(2015)569 - Opinion on the EP's amendments to the Council's position on the proposal for a REGULATION amending Protocol No 3 on the Statute of the Court of Justice of the EU

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EUROPEAN COMMISSION

Brussels, 12.11.2015

COM(2015) 569 final

2011/0901/B(COD)

OPINION OF THE COMMISSION

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union,
on the European Parliament's amendments
to the Council's position

on the proposal for a
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


2011/0901/B (COD)

OPINION OF THE COMMISSION

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union,
on the European Parliament's amendments
to the Council's position

on the proposal for a
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


1. Introduction

Article 294(7)(c) of the Treaty on the Functioning of the European Union provides that the Commission must deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission's opinion on the amendments proposed by Parliament is set out below.

2. Background

• Date of transmission of the Court of Justice's request

         to the European Parliament and to the Council:        28 March 2011

• Date of the Commission’s opinion:    30 September 2011

• Date of Parliament's opinion first reading:    15 April 2014

• Date of adoption of the Council's position at first reading:

               23 June 2015

• Date of Parliament's amendments at second reading:

           28 October 2015

3. Aim of the proposal

The aim of the Court of Justice's request is to alleviate the congestion at the General Court of the European Union by increasing the number of judges. Initially, the Court requested 12 additional judges. Subsequently, in view of the worsening situation at the General Court, the Court of Justice informally suggested that the number of judges be gradually increased in three stages, to stand at 56 judges in 2019 (two judges per Member State), and that the posts of judges of the Civil Service Tribunal be integrated into the General Court. It was on this basis that the Council adopted its position at first reading.

4. Commission opinion on the amendments adopted by the Parliament

The European Parliament adopted at second reading a consolidated text containing a number of amendments to the text of the Council's position at first reading. The text is the result of negotiations between Parliament, the Council and the Commission. The Commission accepts all the amendments adopted by Parliament.