Změny jednacího řádu Soudního dvora

Identifier:
32019Q1206(01)
Status:
effective
Text language:
en

THE COURT OF JUSTICE,

Having regard to the Treaty on the Functioning of the European Union, and in particular the sixth paragraph of Article 253 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Having regard to the Protocol on the Statute of the Court of Justice of the European Union, and in particular Article 63 thereof,

OJ L 265, 29.9.2012, p. 1 , as amended on 18 June 2013 (OJ L 173, 26.6.2013, p. 65 ), 19 July 2016 (OJ L 217, 12.8.2016, p. 69 ) and 9 April 2019 (OJ L 111, 25.4.2019, p. 73 ).

Whereas experience gained from the implementation of the Rules of Procedure should be taken into account to clarify the scope of certain of their provisions or, as appropriate, to supplement or simplify them,

Whereas it is also necessary to amend the Rules of Procedure in order to take into account certain recent developments relating, in particular, to the method for designating the First Advocate General and the new regulatory framework for the protection of personal data in the European Union, which requires certain adjustments to be made to the standard rules for the service and publication of procedural documents, With the approval of the Council given on 8 November 2019 ,

These amendments to the Rules of Procedure, authentic in the languages referred to in Article 36 of those Rules, shall be published in the Official Journal of the European Union and shall enter into force on the first day of the month following that of their publication.

The amendment referred to in Article 1(2) shall apply from the next partial replacement of Judges and Advocates General, provided for in the second paragraph of Article 253 of the Treaty on the Functioning of the European Union.

Article 2 Article 2

Article 14 Article 14 Election of the First Advocate General 1.The Advocates General shall, immediately after the partial replacement provided for in the second paragraph of Article 253 TFEU, elect one of their number as First Advocate General for a term of three years. 2.If the office of the First Advocate General falls vacant before the normal date of expiry of the term thereof, he shall be replaced for the remainder of the term. 3.The elections provided for in this Article shall be by secret ballot. The Advocate General obtaining the votes of more than half of the Advocates General of the Court shall be elected. If no Advocate General obtains that majority, further ballots shall be held until that majority is attained. 4.The name of the First Advocate General elected in accordance with this Article shall be published in the Official Journal of the European Union .

Article 159a Article 159a Manifestly inadmissible or manifestly unfounded requests and applications

The Advocates General shall, immediately after the partial replacement provided for in the second paragraph of Article 253 TFEU, elect one of their number as First Advocate General for a term of three years.

If the office of the First Advocate General falls vacant before the normal date of expiry of the term thereof, he shall be replaced for the remainder of the term.

The elections provided for in this Article shall be by secret ballot. The Advocate General obtaining the votes of more than half of the Advocates General of the Court shall be elected. If no Advocate General obtains that majority, further ballots shall be held until that majority is attained.

The name of the First Advocate General elected in accordance with this Article shall be published in the Official Journal of the European Union .

Where a request or an application referred to in this Chapter is, in whole or in part, manifestly inadmissible or manifestly unfounded, the Court may, having heard the Judge-Rapporteur and the Advocate General, at any time decide to dismiss it, in whole or in part, by reasoned order.

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE: