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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.
________________________________________________________________________________________________
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.
________________________________________________________________________________________________
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.
_________________________________________________________________________________
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
_________________________________________________________________________________
12
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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)