JURI Report - europarl.europa.eu · JURI Report At the meeting of 13 and 14 July 2015 This July meeting of the Committee on Legal Affairs will commence with an exchange of views with

JURI Report At the meeting of 13 and 14 July 2015

This July meeting of the Committee on Legal Affairs will commence with an exchange of views with

Commissioner Jourová, who is responsible for justice, consumers and gender equality, in the

context of the structured dialogue between Parliament and the Commission.

The committee will then hold a number of votes, including on geographical indication protection

for non-agricultural products, subsidiarity and proportionality, the application of EU law and the

European Citizens’ Initiative. The day of 13 July will then close with an in camera consideration of

disputes and the coordinators’ meeting.

On 14 July, the day will commence with the consideration of immunity cases (Janusz Korwin-Mikke,

Dan Nica, Béla Kovács). The committee will then vote on the agreed text on the review of the

European Small Claims Procedure, following which there will be the first exchange of views on the

public documents proposal following the adoption of the Council’s general approach.

The afternoon of 14 July will begin with an exchange of views with the Luxembourg Council

Presidency, represented by Félix Braz, Minister for Justice, and Étienne Schneider, Minister for

Economic Affairs, on the plans of the presidency for the coming six months. The committee will

then welcome the European Union of Rechtspfleger.

The afternoon will close with a debate on the increase in the number of judges at the General

Court and the consideration of subsidiarity matters and legislative delegations.

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Photos from the Workshop on Civil Judicial Experts in the EU

ISSUE 13

JULY 2015

NEXT MEETING

14 & 15 SEPTEMBER

2015

JURI Website

EPRS

LATEST ANALYSES

EU Administrative Law

Cross-border activities in the EU - Making life easier for citizens

Europeanisation of civil

procedure: towards common minimum

standards?

The immunity of Members of the

European Parliament

(October 2014)

EU competence in

private law: The Treaty framework for a

European private law

and challenges for coherence

Update on the European

Commission's REFIT Programme

European Small Claims

Procedure: Initial Appraisal of the

Commission's Impact Assessment

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2

Conference in Budva, Montenegro, June 18 & 19 2015

On day two of the Interparliamentary Conference "Towards independent and

modern judicial systems in the enlargement countries", organised by the

Parliament of Montenegro and the European Parliament, the participants

discussed judicial cooperation, moving from the Hague Conventions to EU

regulations and regional judicial cooperation, fight against corruption in the

judiciary, as well as judicial system reforms in the Western Balkans.

Photos from the Public Hearing: The case for European minimum standards for civil

procedure

Exchange of views with Commissioner Vĕra Jourová

On 13 July, at 15.00, an exchange of views will take place between the

Committee on Legal Affairs and Vera Jourová, European Commissioner for

Justice, Consumers and Gender Equality, in the context of the annual structured

dialogue between Parliament and the Commission.

.

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3

VOTES

Revision of the European Small Claims Procedure

At this meeting, the rapporteur, Lidia Joanna Geringer de Oedenberg, will

present the agreement reached with the Council in trilogues, and submit this

agreed text to the committee for confirmation.

The purpose of the Commission’s initiative is to make various changes to the

Small Claims Procedure, which is particularly valuable to citizens and small and

medium-sized businesses. In particular, the aim is to increase the threshold for

the Small Claims Procedure, simplifying a larger number of cases.

Another important part of the proposal aims to encourage electronic

communication between the court and the parties in order to accelerate

proceedings. The Commission also wants to encourage the holding of

hearings by videoconference, thus reducing travel expenses for the

parties.

The adopted report was broadly supportive of the aims of the

Commission proposal, approving most major changes. However, the

rapporteur also suggested making some changes in order to make the

procedure more citizen-friendly, but also to give courts greater latitude

to decide on the procedure.

An agreement was reached with the Council in the third trilogue, which

took place on 23 June. The agreement provides safeguards ensuring the

wide availability of videoconferencing technology and limiting the amount of court fees, but is less

ambitious than the European Parliament has desired in widening the scope of the instrument.

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POSTPONED: Commission’s Green Paper entitled ‘Making the most out of Europe’s

traditional know-how: a possible extension of geographical indication protection of

the European Union to non-agricultural products’

The Committee will vote on the draft report by Virginie Rozière on the Commission’s Green Paper entitled ‘Making

the most out of Europe’s traditional know-how: a possible extension of geographical indication protection of the

European Union to non-agricultural products’. As most of the amendments are in favour of, or accept in principle the

idea of an extension of geographical indications (GIs) to non-agricultural products on a European level, as are also

the opinions from the INTA, IMCO and CULT Committees, it appears likely that the report to plenary will indeed call

for a legislative proposal from the Commission.

GIs are indications that identify goods as originating in a country, region or locality where a particular quality,

reputation or other characteristic of the product is essentially attributable to its geographical origin. Agricultural

products, such as Prosciutto di Parma, wines (e.g. Bordeaux wine) and spirits are already covered by European law,

but non-agricultural products (e.g. Vetro di Murano glass) are only protected by national law. They are covered by

the TRIPS agreement, though.

While connected to a territory, a GI can also highlight a product’s specific qualities that are due to human factors,

such as specific manufacturing skills and traditions. The draft report emphasises that GIs are a field of potential

strength for Europe, as the Union is rich in such products and producers. The draft report and many of the

amendments underline that these are not only important for the cultural heritage of Europe and the cultural and

creative economy, but also have a considerable economic potential, if they are developed under the right conditions.

Procedure: 2013/0403(COD)

Basic doc: COM(2013)0794

Legal basis: Article 81(1) TFEU

Rapporteur: Lidia Joanna

Geringer de Oedenberg

Administrator: Alexander

Keys

Preliminary Timetable

Confirmation vote on agreed

text: 13.07.2015

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4

Budapest Convention (Belgium, Poland, Austria)

At this meeting, the committee will vote on the rapporteur's draft recommendation proposing that

Parliament should consent to the accession to, or ratification of, the Budapest Convention by three Member

States.

The Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways contributes to the

internal market in the field of transport by harmonising contracts and inland navigation standards across

Europe.

Article 29 of the Budapest Convention contains provisions on the

choice of law by the parties to a contract of carriage falling under the

convention. Those provisions affect the rules laid down in the Rome I

Regulation (Regulation (EC) No 593/2008 on the law applicable to

contractual obligations).

The Budapest Convention is thus an agreement falling partly under

exclusive European Union competence. However, the convention

does not provide for the possibility for the Union to become a party.

Nevertheless, Member States cannot ratify or accede to it without an

authorisation by the Union (Article 2(1) TFEU).

In this case, the Union's exclusive competence is limited to a single

provision, and an authorisation given to individual Member States would not have a negative effect on the

implementation of the Union’s external policy on judicial cooperation in civil and commercial matters.

The draft decision therefore authorises Belgium and Poland to ratify, and Austria to accede to, the Budapest

Convention. The deadline for tabling amendments expired on 23 June 2015 without any amendments being

tabled.

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General budget of the European Union for the financial year 2016 - all sections

Following the coordinators’ recommendation on the procedure

concerning the adoption of the opinion on the 2016 budget, the

Committee on Legal Affairs will adopt an opinion in the form of a

mandate to the rapporteur to support the Commission’s draft

budget, and to adapt it mutatis mutandis once the Council issues its

position (week of 6 July, to be confirmed).

The rapporteur will also be mandated to express support for the

section ‘Court of Justice’ of the draft budget, as presented by the

Commission or including any modification acceptable to the Court

of Justice as a compromise position, also on the basis of the Court’s

budget estimates for 2016, which were distributed to all Members.

The mandate will also include the creation of the pilot projects

endorsed by the coordinators on 6-7 May 2015, which will now have

to be adapted to the ad hoc assessment by the Commission (week

of 13 July, to be confirmed).

Procedure: 2014/0345(NLE)

Basic doc: 8223/15

Legal basis: Articles 81(2)(c)

and 218(6), second

subparagraph, (a)(v) TFEU

Rapporteur: Pavel Svoboda

Administrator: Alexander Keys

Preliminary Timetable

Adoption JURI: 13.07.2015

Procedure: 2015/xxxx(BUD)

Basic doc: SEC(2015) 240 et

seqq.

Legal basis: 314 TFEU

Rapporteur: Pavel Svoboda

Administrator: Andrea

Scrimali

PRELIMINARY TIMETABLE

Exchange of views:

13-14.07.2015

Adoption JURI:

13-14.07.2015

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5

POSTPONED: Application of the principles of subsidiarity and proportionality in 2012

and 2013

JURI will vote on the draft report on the annual reports of the Commission on

the application of the principles of subsidiarity and proportionality in 2012 and

2013. by members of JURI. A number

of compromise amendments have

been drafted by the rapporteur which

seek to integrate proposals by other

members while keeping the report sufficiently clear and concise.

These cover, among other issues, how to further improve the present

arrangements for implementing the requirements of Article 5 TFEU

and Protocol No 2, and the proposal by the rapporteur to consider

the introduction of a ‘green card’, which would afford national

parliaments the opportunity to propose the introduction,

amendment or repeal of Union legislation, or his recommendation to

seek ways to extend, in some cases, the period for consultation of

national parliaments under the subsidiarity check by means of an

agreement between the institutions and the national parliaments,

without a change to Protocol 2.

According to the principle of subsidiarity, in areas which do not fall

within the exclusive competences of the Union action shall be taken

only if and insofar as the objectives of the proposed action cannot

be achieved by the Member States (centrally, regionally or locally),

whereas the principle of proportionality, which applies to all EU

action, requires that the Union, when acting, does not exceed what is

necessary for achieving the objectives of the Treaties.

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30th and 31st annual reports on monitoring the application of EU Law (2012-2013)

The rapporteur has drafted compromise amendments with a view to

accommodating amendments tabled to his report on the annual reports

from the Commission on the

monitoring of the application of EU

law (2012 and 2013). There appears

to be broad agreement on the view

expressed in the draft report that

effective application of EU law is

essential if the Union is to meet its political objectives and that

ultimately it is a question of respecting the principle of the rule of law.

Like the draft report, many of the amendments underline the need for

Member States and the Commission to fulfil their respective duties and

responsibilities in this respect.

The compromise amendments cover issues on which agreement is not

unanimous, such as the conclusions in the draft report which express

concern about the effects of austerity measures on the capacity of

Member States’ administration and judiciary to assume their

responsibility to implement EU law correctly, or when it points out that

some policies are imposed on Member States.

Procedure: 2014/2252(INI)

Basic doc: COM(2014)0566,

COM(2014)0506

Legal basis: Article 9 of Prot. No 2

Rapporteur: Sajjad Karim

Administrator: Kjell Sevón

Opinion giving committee: AFET,

DEVE, INTA, BUDG, CONT, ECON,

EMPL, ENVI, ITRE, IMCO, TRAN,

REGI, AGRI, PECH, CULT, LIBE,

AFCO,

FEMM, PETI

PRELIMINARY TIMETABLE

Adoption JURI: 13.07.2015

Adoption PLENARY: 7-10.09.2015

Procedure: 2014/2253(INI)

Basic doc: COM(2013)0726,

COM(2014)0612

Legal basis: Rule 52

Rapporteur: Kostas Chrysogonos

Administrator: Kjell Sevón

Opinion giving committee: ENVI,

AFCO, PETI

PRELIMINARY TIMETABLE

Adoption JURI: 13.07.2015

Adoption PLENARY: 7-10.09.2015

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6

European Citizens' Initiative

The European Citizens’ Initiative was introduced by the Lisbon

Treaty, and the practical rules and procedures were set out in

Regulation (EU) No 211/2011, which came into force on 1 April

2012.

The Regulation foresees that by 1 April 2015 and every three years

thereafter the Commission will present a report on its application.

The Commission presented this report concerning application on 31

March 2015. On 19 March 2015, the Constitutional Affairs

Committee, the lead committee, considered a draft report on the

subject.

At the JURI meeting of 7 May 2015 the rapporteur for opinion,

Sylvia-Yvonne Kaufmann, presented her suggested approach to this

dossier. On 16 June 2015 she presented her draft opinion.

Members have tabled 50 amendments to the draft opinion.

At this meeting the committee will vote.

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Petition No 0383/2013 by Ángel Hernández Lorenzo (Spanish), on behalf of

Comisiones Obreras de Castilla y León, on the fraudulent liquidation of the factory

Puertas Norma in Soria, Spain

By letter of 5 March 2015 the Committee on Petitions asked the Committee on Legal Affairs for its opinion

on Petition No 0383/2013, lodged by Ángel Hernández Lorenzo (Spanish) on behalf of Comisiones Obreras

de Castilla y León, on the fraudulent liquidation of the factory Puertas Norma in Soria, Spain. The petitioner

alleges that the multinational company Jeld-Wen, the parent company of Puertas Norma, intentionally took

fraudulent decisions to aggravate the insolvency of its subsidiary with the clear intention of obtaining the

shutdown of the factory and the delocalisation of its production. He claims that Jeld-Wen infringed Council

Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

At this meeting, the Committee will vote on an opinion for the Committee on Petitions.

__________________________________________________________________

Petitions Nos 0626/2011, 0644/2012, 0783/2012, 1669/2012, 0996/2013, 2563/2013,

2610/2013, 1345/2013, 1436/2013, 0179/2012, 1249/2013, 1736/2013, 1705/2013,

2120/2013, 2159/2013 and 2440/2013

By letter of 18 May 2015 the Committee on Petitions asked the Committee on Legal Affairs for its opinion on

Petitions Nos 0626/2011, 0644/2012, 0783/2012, 1669/2012, 0996/2013, 2563/2013, 2610/2013, 1345/2013,

1436/2013, 0179/2012, 1249/2013, 1736/2013, 1705/2013, 2120/2013, 2159/2013 and 2440/2013. These

petitions concern the introduction of datio in solutum in the Spanish mortgage legislation and the

compatibility of that legislation with Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer

contracts.

At this meeting, the Committee will vote on an opinion for the Committee on Petitions.

Procedure: 2014/2257(INI)

Basic doc: COM(2015)0145

Rapporteur for opinion:

Sylvia-Yvonne Kaufmann

Rapporteur in AFCO: György

Schöpflin

Administrator: Magnus

Nordanskog

PRELIMINARY TIMETABLE

Deadline for amendments:

25.06.2015, at 12.00

Vote in JURI: 13.07.2015

Adoption in AFCO: September

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7

ADOPTION OF A DRAFT OPINION IN LETTER

FORM

Proposal for a Regulation of the European Parliament

and of the Council on the manufacture, placing on the

market and use of medicated feed and repealing Council

Directive 90/167/EEC

By letter of 11 June 2015 the Committee on Agriculture and Rural Development asked the Committee on

Legal Affairs, pursuant to Rule 39(2) of the Rules of Procedure, for an opinion on the appropriateness of the

legal basis for the above-mentioned proposal.

The Commission proposes as the legal basis for its proposal

Article 43 TFEU and Article 168(4)(b) TFEU.

The Committee on Agriculture and Rural Development is

particularly interested in the opinion of the Committee on

Legal Affairs as to whether it would be appropriate to modify

the reference to Article 43 TFEU in the legal basis of the

proposed Regulation to restrict it to paragraph 2 of the said

article.

At this meeting, the Committee will vote on an opinion for

the Committee on Agriculture and Rural Development.

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Establishment of a European Platform to enhance cooperation in the prevention and

deterrence of undeclared work

By letter of 12 June 2015, the Committee on Employment and Social Affairs asked the Committee on Legal

Affairs, pursuant to Rule 39(5) of the Rules of Procedure, to provide an opinion on the appropriateness of the

change of the legal basis requested by the Council for the

above-mentioned proposal.

The legal basis proposed by the Commission was Article 153(2)(a) of

the Treaty on the Functioning of the European Union (TFEU), which

relates to the adoption of measures by the European Parliament and

the Council with the aim of encouraging cooperation between

Member States through initiatives intended to improve knowledge,

develop exchanges of information and best practices, promote

innovative approaches and evaluate experiences, excluding any

harmonisation of the laws and regulations of the Member States.

This legal basis has been affirmed in the EMPL report on the above

proposal. However, the Council’s general approach changes the legal

basis by adding to the existing Article 153(2)(a) TFEU a new reference:

"in conjunction with Article 153(1), points (b), (h) and (j)". The aim is to

specify the legal basis, by indicating the fields in which measures based on Article 153(2)(a) TFEU may be

adopted, namely, working conditions, the integration of persons excluded from the labour market, without

prejudice to Article 166, and the combating of social exclusion respectively.

At this meeting, the committee will consider the legal basis and vote on an opinion.

Procedure: 2014/0255(COD)

Basic doc: COM (2014)0556

Rapporteur: Jytte Guteland

Administrator: Francisco M. Ruiz-Risueño

PRELIMINARY TIMETABLE

Adoption JURI: 13.07.2015

Procedure: 2014/0124(COD)

Basic doc: COM(2014)0221

Rapporteur: Jytte Guteland

Administrator: Zampia

Vernadaki

PRELIMINARY TIMETABLE

Exchange of views: 13/07/2015

Vote in JURI: 13/07/2015

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8

EXCHANGE OF VIEWS

Increasing the number of Judges in the General Court of the European Union

At this meeting, the committee will further

discuss the question of additional Judges at the

General Court of the European Union, following

the adoption of the Council's first reading

position. With the announcement of the Councl's

position, the second reading has commenced.

The rapporteur, António Marinho e Pinto, is

continuing the work of Alexandra Thein, who

brought the matter as far as the first reading

vote in plenary in the last term.

As regards the General Court, the original 2011 proposal provided for

an increase of 12 in the number of judges in order to cope with the

increasing number of cases at that court. The figures on the General

Court's workload are very clear, and the case for an increase in the

number of judges was made.

The committee’s report, as approved by Parliament in plenary sitting

in December 2013, included a novel proposal whereby nationality

was not to be a criterion for the appointment of the additional judges

– only merit was to be a criterion.

However, despite hopes at the time, no agreement could be reached

in February 2014, as the Member States could not agree to a

selection system not based on nationality.

The Council's first reading position is based on ultimately having 56

judges in the General Court, so that each Member State would have

two Judges in that Court.

________________________________________________________________________________________________

EXCHANGE OF VIEWS

Simplifying the acceptance of certain public documents in the EU At this meeting, the committee will hold its first exchange of views after the adoption of the Council's

general approach.

This proposal is important because a large number of EU citizens live in a Member State other than their

own, and this number is steadily increasing. Ever more citizens have links to another state, be it for family or

professional reasons or just for holidays.

However, administrative formalities across borders are generally considerably more complicated than within

each Member State. Citizens may have to have their documents legalised by diplomatic authorities

Procedure: 2011/0901B(COD)

Basic doc: 02074/2011

Legal basis: Articles 254(1) and

281(2) TFEU

Rapporteur: António Marinho e

Pinto

Administrator: Alexander Keys

Preliminary Timetable

1st reading adoption:

15.04.2014

Exchange of views: 24.09.2014,

11.11.2014, 24.02.2015,

23.03.2015, 14.07.2015

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9

(legalisation or apostille), provide expensive certified translations

of even the simplest documents or submit certified copies of

official records.

The proposed regulation simplifying the acceptance of certain

public documents in the European Union aims to fulfil the very

important role of making formalities easier for citizens who move

across borders.

Parliament has already adopted its position in first reading on this

matter. It proposes, inter alia, an increase in the number of public

documents covered by the proposal, the strengthening of the

provisions abolishing certain formalities, and the introduction of

additional EU multilingual forms for cross-border use.

The rapporteur considers that this proposal has the potential to

make the cross-border lives of European citizens considerably easier. A negotiating mandate was conferred

in January 2015, with the negotiating team being composed of the Chair, the rapporteur, Mady

Delvaux-Stehres, and the shadow rapporteurs.

Now that the Council has adopted its negotiating position, trilogues will commence.

________________________________________________________________________________________________

Scrutiny of delegated acts and implementing measures Commission Delegated Regulation (EU) No …/.. of 12 June 2015

amending Regulation (EC) No 1569/2007 establishing a mechanism

for the determination of equivalence of accounting standards

applied by third country issuers of securities pursuant to Directive

2003/71/EC and 2004/109/EC of the European Parliament and of

the Council

In accordance with Regulation 1569/2007 establishing a mechanism for

the determination of equivalence of accounting standards applied by

third country issuers of securities pursuant to Directive 2003/71/EC (the

Prospectus Directive) and 2004/109/EC (the Transparency Directive),

Indian Generally Accepted Accounting Principles (GAAP) were

recognised as equivalent to International Financial Reporting Standards

(IFRS) for the purpose of financial reporting required in the

Transparency Directive and the Prospectus Directive until end of 2014.

The Delegated Regulation extends the temporary recognition of Indian GAAP as equivalent to IFRS up to 30

March 2016. The reasons for that extension are set out in the recitals of the Delegated regulation.

Under Article 290 TFEU, Parliament may object to the Delegated Regulation, but cannot amend it. The

deadline up to which Parliament, acting by a majority of its component members, may oppose the draft

implementing measure will expire on 14 September 2015.

The rapporteur considers that the above Delegated Regulation does not seem to exceed the delegation of

powers referred to in Article 23(4) of the Transparency Directive.

Procedure: 2015/2750(DEA)

Basic doc: C(2015)3835

Legal basis: Article 23(4) of

Directive 2004/109/EC

Rapporteur: Pavel Svoboda

Administrator: Andrea Scrimali

Preliminary Timetable

Exchange of views:

13-14.07.2015

Adoption JURI: 13-14.07.2015

Procedure: 2013/0119(COD)

Basic doc: COM(2013)0228

Legal basis: Articles 21(2) and

114(1) TFEU

Rapporteur: Mady Delvaux-Stehres

Administrator: Alexander Keys

Preliminary Timetable

Plenary (1st reading): 04.02.2014

Exchange of views: 24.09.2014,

03.12.2014, 24.03.2015

Adoption of mandate: 20.01.2015

Trilogues will soon commence.

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10

IN CAMERA

DISPUTES INVOLVING PARLIAMENT Case T-264/15, Gameart v Commission - Possible intervention of the European Parliament

Parliament has been notified of an action, namely Case

T-264/15, Gameart v Commission, brought before the

General Court pursuant to Article 263 TFEU, for the

annulment of a decision of the Commission confirming the

rejection of a request for access to documents relating to infringement proceedings initiated by the

Commission.

Among other arguments, the applicant objects on grounds of illegality, pursuant to Article 277 TFEU, to

Article 5(2) of Regulation No 1049/2001 of the European Parliament and of the Council of 30 May 2001

regarding public access to European Parliament, Council and Commission documents, in the event that the

Court were to find, contrary to the arguments of the applicant, that this provision authorises the Commission

to take a decision on a request for access to documents lodged with the national authorities.

Regulation No 1049/2001 was adopted under the ordinary legislative procedure. The Committee is,

therefore, to decide whether to recommend to the President, in accordance with Rule 141(4), that Parliament

should intervene before the General Court in order to defend the validity of the provision in question.

Case C-272/15, Swiss International Air Lines - Possible submission of observations by the European Parliament

Parliament will be notified of a reference for a preliminary ruling by the

Court of Appeal (England and Wales) (Civil Division) concerning the validity

of Decision No 377/2013/EU (the ‘Stop-the-clock Decision’), which

introduces a temporary derogation as regards aviation activities from

Directive 2003/87/EC establishing a scheme for greenhouse gas emission

allowance trading within the Community (the ‘ETS Directive’). In particular,

the Stop-the-clock Decision suspends the application of certain provisions

of the ETS Directive to the effect that the Member States shall take no

action (penalty or operating ban) against aircraft operators failing to comply

with the obligations to monitor and report emissions or surrender

allowances respectively for the calendar years 2010, 2011 and 2012.

However, this derogation does not apply to flights between the Economic

European Area and Switzerland.

The reference arises from a dispute in the UK between Swiss International

Air Lines and the Secretary of State for Climate Change and Energy and the Environmental Agency, in which

the Court of Appeal (England and Wales) (Civil Division) decided to refer two questions to the Court of

Justice regarding the validity of the Stop-the-clock Decision.

The Stop-the-clock Decision was adopted under the ordinary legislative procedure. The Committee is,

therefore, to decide whether to recommend to the President, in accordance with Rule 141(4), that Parliament

should submit observations before the Court of Justice.

Cases F-80/15, R. and Others v Commission and F-81/15, E. and Others v Commission - Possible intervention by Parliament.

Parliament was notified of two actions brought before the Civil Service Tribunal for the annulment of Article

45 of the Staff Regulations and Annex I thereto, as amended by Regulation (EU) No 1023/2013 of the

Procedure: Rule 141

Rapporteur:

Jean-Marie Cavada

Administrator:

Andrea Scrimali

Preliminary Timetable

Exchange of views:

13-14.07.2015

Adoption JURI:

13-14.07.2015

________________________________________________________________________________

11

European Parliament and the Council of 22 October 2013. The applications include an objection of illegality

pursuant to Article 277 TFEU.

Article 45 of the Staff Regulations and Annex I thereto concern the system of careers and promotions for

officials. The provisions introduced by Regulation (EU) No 1023/2013 removed the possibility of promotion

for officials in the higher AD and AST grades by means of the annual promotion exercise. These officials can

only be promoted within the framework of a promotion procedure related to a vacant post in accordance

with Article 29 of the Staff Regulations.

Regulation (EU) No 1023/2013 was adopted under the ordinary legislative procedure. The Committee is,

therefore, to decide whether to recommend to the President, in accordance with Rule 141(4), that Parliament

should intervene before the Civil Service Tribunal.

Case T-296/15, Industrias Químicas del Vallés v Commission - Possible intervention by the European Parliament

Parliament was notified of an action for the annulment of Commission Implementing Regulation (EU)

2015/408 of 11 March 2015. This Regulation, which establishes a list of active substances used in plant

protection products that are candidates for substitution, implements Regulation (EC) No 1007/2009 of the

European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection

products on the market.

In the context of the action for annulment of the above Commission Implementing Regulation, the applicant

raises an objection of illegality, pursuant to Article 277 TFEU, of Regulation No 1107/2009.

Regulation No 1107/2009 was adopted under the ordinary legislative procedure. The Committee is,

therefore, to decide whether to recommend to the President, in accordance with Rule 141(4), that Parliament

should intervene before the Civil Service Tribunal.

VERIFICATION OF CREDENTIALS

The President has announced to plenary that the competent national authorities have given notice of the

appointment of the following as Member(s) of the European Parliament, with effect from the dates shown

below:

Mr Edward CZESAK (to replace Mr Andrzej DUDA), as from 11 June

2015;

In accordance with Rule 3 of the Rules of Procedure, on the basis of

a report by the JURI Committee, Parliament will verify the

credentials without delay and rule on the validity of the mandate of

each of its newly elected Members. Parliament will also rule on any

dispute referred to it pursuant to the provisions of the Act of 20

September 1976, except those based on national electoral laws.

It is not possible to confirm the validity of the mandate of a

Member unless the written declarations required on the basis of Article 7 of the Act of 20 September 1976

and Annex I to the Rules have been made. Until such time as a Member's credentials have been verified or a

ruling has been given on any dispute, the Member will take his or her seat in Parliament and in its bodies

and enjoy all the rights attaching thereto.

Legal basis: Rule 3 RoP

Rapporteur: Pavel Svoboda

Administrator: Andrea Scrimali

Preliminary Timetable

Exchange of views: 13-14.07.2015

Adoption JURI: 13-14.07.2015

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12

SUBSCRIPTIONS WATCH LIVE: EP website or EuroparlTV

JURI Report: [email protected] Re-Watch: EP multimedia library

JURI Press Releases: [email protected]

CREDITS & ACKNOWLEDGEMENTS

European Parliament - Committee on Legal Affairs

Head of Secretariat: Robert BRAY - Responsible Administrator: Alexander KEYS

Editorial/Production Assistants: Marcia MAGUIRE and Natalia EWIAKOVA

Editorial contributions by Tereza KUNERTOVA and Indra ZUSANE, Trainees at the Secretariat

IMMUNITIES

Dan Nica

Type of procedure:

Waiver of immunity

Procedure: 2014/2227 (IMM)

Legal basis: RoP Rule 6

Notice to Members: 0033/2014

Rapporteur: António Marinho e

Pinto

Administrator: Andrea Scrimali

Preliminary Timetable:

Exchange of views: 16.04.2015,

06-07.05.2015, 13-14.07.2015

Hearing: 16.04.2015

Janusz Korwin-Mikke

Type of procedure:

Waiver of immunity

Procedure: 2015/2102 (IMM)

Legal basis: RoP Rule 6

Notice to Members: 0018/2015

Rapporteur: Evelyn Regner

Administrator: Andrea Scrimali

Preliminary Timetable:

Exchange of views: 15-16.06.2015,

13-14.07.2015

Hearing: 13-14.07.2015

Adoption JURI: 13-14.07.2015 (tbc)

Béla Kovács

Type of procedure:

Waiver of immunity

Procedure: 2014/2044 (IMM)

Legal basis: RoP Rule 6

Notice to Members: 31/2014

Rapporteur: Tadeusz Zwiefka

Administrator: Robert Bray

PRELIMINARY TIMETABLE

Hearing & Exchange of views:

06.05.2015, 14.07.2015 (exchange

of views with Péter Polt,

Prosecutor General of Hungary)