Regulation 2015/2422 - Amendment of Protocol No 3 on the Statute of the Court of Justice of the EU - Main contents
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official title
Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European Union| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2015/2422 |
| Original proposal | COM(2011)596  |
| CELEX number i | 32015R2422 |
| Document | 16-12-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 24-12-2015; OJ L 341 p. 14-17 |
| Effect | 25-12-2015; Entry into force Date pub. +1 See Art 4 |
| Deadline | 26-12-2017; At the latest See Art 3 P 2 26-12-2020; At the latest See Art 3 P 1 |
| End of validity | 31-12-9999 |
24.12.2015 |
EN |
Official Journal of the European Union |
L 341/14 |
REGULATION (EU, Euratom) 2015/2422 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 2015
amending Protocol No 3 on the Statute of the Court of Justice of the European Union
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 254 and the second paragraph of Article 281 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
Having regard to the request of the Court of Justice,
Having regard to the opinions of the European Commission (1),
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
As a consequence of the progressive expansion of its jurisdiction since its creation, the number of cases before the General Court is now constantly increasing. |
(2) |
At present, the duration of proceedings does not appear to be acceptable from the point of view of litigants, particularly in the light of the requirements set out in Article 47 of the Charter of Fundamental Rights of the European Union and in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. |
(3) |
The situation in which the General Court finds itself has causes relating, inter alia, to the increase in the number and variety of legal acts of the institutions, bodies, offices and agencies of the Union, as well as to the volume and complexity of the cases brought before the General Court, particularly in the areas of competition, State aid and intellectual property. |
(4) |
The option of setting up specialised courts as provided for in Article 257 of the Treaty on the Functioning of the European Union (TFEU) has not been taken up. |
(5) |
Consequently, suitable measures of an organisational, structural and procedural nature, including, in particular, an increase in the number of Judges, should be taken to address this situation. Making use of the possibility provided for by the Treaties of increasing the number of Judges of the General Court would allow for a reduction within a short time of both the volume of pending cases and the excessive duration of proceedings before the General Court. |
(6) |
Taking into account the evolution of the workload of the General Court, the number of Judges should be fixed at 56 at the end of a three-stage process, two Judges being appointed upon a proposal by each of the Member States, it being understood that at no point of time can there be more than two Judges sitting at the General Court appointed upon a proposal by the same Member State. |
(7) |
The panel provided for in Article 255 TFEU takes into account, in particular, independence, impartiality, expertise and the professional and personal suitability of the candidates. |
(8) |
In order to rapidly reduce the backlog of pending cases, twelve additional Judges should take office upon entry into force of this Regulation. |
(9) |
In September 2016, first instance jurisdiction in European Union civil service cases and the seven posts of the Judges sitting at the European Union Civil Service Tribunal (‘Civil Service Tribunal’) should be transferred to the General Court, on the basis of the legislative request already announced by the Court of Justice. That request will consider the modalities of the transfer of the seven posts of Judges of the Civil Service Tribunal, including staff and resources. |
(10) |
In September 2019, the remaining nine Judges should take office. In order to ensure cost-effectiveness, this... |
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