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Europaudvalget 2000-01
EUU Alm.del Bilag 156
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Europaudvalget

(Alm. del - bilag 156)

traktatændringer

(Offentligt)

Medlemmerne af FolketingetsEuropaudvalg og deres stedfortrædere

Bilag Journalnummer Kontor

1 400.C.2-0 EU-sekr. 1. november 2000

Til underretning for Folketingets Europaudvalg vedlægges i forbindelse med regeringskonferencen en note fra

formandskabet vedr. reform af Domstol og Retten i Første Instans, SN 4840/00.

Fransk version oversendt til Folketingets Europaudvalg den 27. oktober 2000.

CONFERENCEOF THE REPRESENTATIVES OF THEGOVERNMENTSOF THE MEMBER STATES Brussels, 24

October 2000 (27.10)SN 4840/00(OR. fr)

PRESIDENCY NOTE

to : Group of Representatives of the Member States

Subject : IGC 2000: Proceedings on amendments to be made to the Treaties with regard to the Court of Justice and the

Court of First Instance - Amendments to Articles of the Treaty establishing the European Community

Delegations will find annexed a document containing compromise texts prepared by the Presidency.

Amendments to the last document (SN 4209/00) examined by the Group of Representatives of the Member States appear

in bold.

This document makes no amendments to SN 4560/00.

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________________________

ANNEX

Article 220

The Court of Justice and the Court of First Instance, acting within the framework of their respective powers, shall ensure

that in the interpretation and application of this Treaty the law is observed.

In addition, judicial panels may be attached to the Court of First Instance under the conditions laid down in Article 225a

in order to exercise, in certain specific areas, the judicial functions laid down in this Treaty.

Article 221

The Court of Justice shall consist of a number of Judges equal to the number of Member States.

The Court of Justice shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that

purpose in the Statute of the Court of Justice.

When provided for in the Statute, the Court of Justice may also give rulings in plenary session.

Article 222

The Court of Justice shall be assisted by eight Advocates-General. Should the Court of Justice so request, the Council,

acting unanimously, may increase the number of Advocates-General.

It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court,

reasoned submissions on cases which, in accordance with the Statute of the Court of Justice, require his involvement.

Article 223

The Judges and Advocates-General of the Court of Justice shall be chosen from persons whose independence is beyond

doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective

countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the

Governments of the Member States for a term of six years.

Every three years there shall be a partial replacement of the Judges and Advocates-General, in accordance with the

conditions laid down in the Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice and the Presidents of the Chambers from among their number

for a term of three years. The President of the Court of Justice and the Presidents of the Chambers may be re-elected.

Retiring Judges and Advocates-General may be reappointed.

The Court of Justice shall appoint its Registrar and lay down the rules governing his service.

The Court of Justice shall establish its Rules of Procedure. These shall require the approval of the Council, acting by

qualified majority.

Article 224

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The number of Judges in the Court of First Instance shall be determined by the Statute of the Court of Justice; it shall be

no lower than the number of Member States. The Statute may provide for the Court of First Instance to be assisted by

Advocates-General.

The members of the Court of First Instance shall be chosen from persons whose independence is beyond doubt and who

possess the ability required for appointment to high judicial office; they shall be appointed by common accord of the

Governments of the Member States for a term of six years. The membership shall be partially renewed every three years.

Retiring members shall be eligible for reappointment.

The Judges shall elect the President of the Court of First Instance and the Presidents of the Chambers from among their

number for a term of three years. The President of the Court of First Instance and of the Presidents of the Chambers may

be re-elected.

The Court of First Instance shall appoint its Registrar and lay down the rules governing his service.

The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. Those Rules

shall require the approval of the Council, acting by qualified majority.

Unless the Statute of the Court of Justice provides otherwise, the provisions of this Treaty relating to the Court of Justice

shall apply to the Court of First Instance.

Article 225

1. The Court of First Instance shall be competent to hear and determine at first instance actions or proceedings referred to

in Articles 230, 232, 235, 236 and 238, with the exception of those assigned to a judicial panel and those reserved in the

Statute for the Court of Justice. The Statute may provide for the Court of First Instance to be competent for other classes

of action or proceeding.

Decisions given by the Court of First Instance under this paragraph may be subject to a right of appeal to the Court of

Justice on points of law only, under the conditions and within the limits laid down by the Statute.

2. The Court of First Instance shall be competent to hear and determine actions or proceedings brought against decisions

of the judicial panels set up under Article 225a.

Decisions given by the Court of First Instance under this paragraph may exceptionally be subject to review by the Court

of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or

consistency of Community law being affected.

3. The Court of First Instance shall be competent to hear and determine questions referred for a preliminary ruling under

Article 234, in specific areas laid down by the Statute.

Where the Court of First Instance considers that the case requires a decision of principle likely to affect the unity or

consistency of Community law, it may refer the case to the Court of Justice for a ruling.

Decisions given by the Court of First Instance on questions referred for a preliminary ruling may exceptionally be

subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there

is a serious risk of the unity or consistency of Community law being affected.

Article 225a

The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and

the Court or at the request of the Court of Justice and after consulting the European Parliament and the Commission,

may create judicial panels to hear and determine at first instance certain classes of action or proceeding brought in

specific areas.

The Decision establishing a judicial panel shall lay down the rules on the organisation of the panel and the extent of the

powers conferred upon it.

Decisions given by judicial panels may be subject to a right of appeal on points of law only or, when provided for in the

decision establishing the panel, a right of appeal also on matters of fact, before the Court of First Instance.

The members of the judicial panels shall be chosen from persons whose independence is beyond doubt and who possess

the ability required for appointment to judicial office. They shall be appointed by the Council acting unanimously.

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The judicial panels shall establish their Rules of Procedure in agreement with the Court of Justice. Those Rules shall

require the approval of the Council, acting by qualified majority.

Unless the Decision establishing the judicial panels provides otherwise, the provisions of the Treaty relating to the Court

of Justice and the provisions of the Statute of the Court of Justice shall apply to the judicial panels.

Article 245

The Statute of the Court of Justice shall be laid down in a separate Protocol.

The Council, acting unanimously at the request of the Court of Justice and after consulting the European Parliament and

the Commission, or at the request of the Commission and after consulting the European Parliament and the Court of

Justice, may amend the provisions of the Statute with the exception of Title I.

Article 290

The rules governing the languages of the institutions of the Community shall, without prejudice to the provisions

contained in the Statute of the Court of Justice, be determined by the Council, acting unanimously.