TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
Protocols annexed to the Treaty establishing a Constitution for
Europe
1. PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
RECALLING that the way in which national Parliaments scrutinise their governments in relation to the activities of the
Union is a matter for the particular constitutional organisation and practice of each Member State;
DESIRING to encourage greater involvement of national Parliaments in the activities of the European Union and to
enhance their ability to express their views on draft European legislative acts as well as on other matters which may be
of particular interest to them,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe and to the Treaty establishing the European Atomic Energy Community
TITLE I
INFORMATION FOR NATIONAL PARLIAMENTS
Article 1
Commission consultation documents (green and white papers and communications) shall be
forwarded directly by the Commission to national Parliaments upon publication. The Commission
shall also forward the annual legislative programme as well as any other instrument of legislative
planning or policy to national Parliaments, at the same time as to the European Parliament and the
Council.
Article 2
Draft European legislative acts sent to the European Parliament and to the Council
shall be forwarded
to national Parliaments.
For the purposes of this Protocol, 'draft European legislative acts' shall
mean proposals from the Commission, initiatives from a group of Member States,
initiatives from the European Parliament,
requests from the Court of Justice, recommendations from the European Central
Bank and requests from the European Investment Bank for the adoption of a European
legislative act.
Draft European legislative acts originating from the Commission shall be forwarded
to national Parliaments directly by the Commission, at the same time as to the
European Parliament and the
Council.
Draft European legislative acts originating from the European Parliament shall
be forwarded to national Parliaments directly by the European Parliament.
Draft European legislative acts originating from a group of Member States, the
Court of Justice, the European Central Bank or the European Investment Bank shall
be forwarded to national Parliaments
by the Council.
Article 3
National Parliaments may send to the Presidents of the European Parliament, the
Council and the Commission a reasoned opinion on whether a draft European legislative
act complies with the
principle of subsidiarity, in accordance with the procedure laid down in the
Protocol on the application of the principles of subsidiarity and proportionality.
If the draft European legislative act originates from a group of Member States,
the President of the
Council shall forward the reasoned opinion or opinions to the governments of
those Member States. If the draft European legislative act originates from the
Court of Justice, the European Central Bank or
the European Investment Bank, the President of the Council shall forward the
reasoned opinion or
opinions to the institution or body concerned.
Article 4
A six-week period shall elapse between a draft European legislative act being
made available to national Parliaments in the official languages of the Union
and the date when it is placed on a
provisional agenda for the Council for its adoption or for adoption of a position
under a legislative procedure. Exceptions shall be possible in cases of urgency,
the reasons for which shall be stated in
the act or position of the Council. Save in urgent cases for which due reasons
have been given, no agreement may be reached on a draft European legislative
act during those six weeks. Save in urgent
cases for which due reasons have been given, a ten-day period shall elapse
between the placing of a draft European legislative act on the provisional agenda
for the Council and the adoption of a
position.
Article 5
The agendas for and the outcome of meetings of the Council, including the minutes
of meetings where the Council is deliberating on draft European legislative acts,
shall be forwarded directly to
national Parliaments, at the same time as to Member States' governments.
Article 6
When the European Council intends to make use of Article IV-444(1) or (2)
of the Constitution, national Parliaments shall be informed of the initiative
of the European Council at least six months
before any European decision is adopted.
Article 7
The Court of Auditors shall forward its annual report to national Parliaments,
for information, at the same time as to the European Parliament and to the Council.
Article 8
Where the national Parliamentary system is not unicameral, Articles 1 to 7 shall
apply to the
component chambers.
TITLE II
INTERPARLIAMENTARY COOPERATION
Article 9
The European Parliament and national Parliaments shall together determine the
organisation and promotion of effective and regular interparliamentary cooperation
within the Union.
Article 10
A conference of Parliamentary Committees for Union Affairs may submit any contribution
it deems appropriate for the attention of the European Parliament, the Council
and the Commission. That
conference shall in addition promote the exchange of information and best practice
between national Parliaments and the European Parliament, including their special
committees. It may also organise
interparliamentary conferences on specific topics, in particular to debate matters
of common foreign and security policy, including common security and defence
policy. Contributions from the
conference shall not bind national Parliaments and shall not prejudge their positions.
2. PROTOCOL ON THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND
PROPORTIONALITY
THE HIGH CONTRACTING PARTIES,
WISHING to ensure that decisions are taken as closely as possible to the citizens of the Union;
RESOLVED to establish the conditions for the application of the principles of subsidiarity and proportionality, as laid
down in Article I-11 of the Constitution, and to establish a system for monitoring the application of those principles,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe:
Article 1
Each institution shall ensure constant respect for the principles of subsidiarity
and proportionality, as laid down in Article I-11 of the Constitution.
Article 2
Before proposing European legislative acts, the Commission shall consult widely.
Such consultations shall, where appropriate, take into account the regional and
local dimension of the action envisaged.
In cases of exceptional urgency, the Commission shall not conduct such consultations.
It shall give
reasons for its decision in its proposal.
Article 3
For the purposes of this Protocol, 'draft European legislative acts' shall
mean proposals from the Commission, initiatives from a group of Member States,
initiatives from the European Parliament,
requests from the Court of Justice, recommendations from the European Central
Bank and requests from the European Investment Bank for the adoption of a European
legislative act.
Article 4
The Commission shall forward its draft European legislative acts and its amended
drafts to national Parliaments at the same time as to the Union legislator.
The European Parliament shall forward its draft European legislative acts and
its amended drafts to national Parliaments.
The Council shall forward draft European legislative acts originating from a
group of Member States, the Court of Justice, the European Central Bank or the
European Investment Bank and amended
drafts to national Parliaments.
Upon adoption, legislative resolutions of the European Parliament and positions
of the Council shall
be forwarded by them to national Parliaments.
Article 5
Draft European legislative acts shall be justified with regard to the principles
of subsidiarity and proportionality. Any draft European legislative act should
contain a detailed statement making it
possible to appraise compliance with the principles of subsidiarity and proportionality.
This statement should contain some assessment of the proposal's financial impact
and, in the case of a European framework law, of its implications for the rules
to be put in place by Member States,
including, where necessary, the regional legislation. The reasons for concluding
that a Union objective can be better achieved at Union level shall be substantiated
by qualitative and, wherever possible,
quantitative indicators. Draft European legislative acts shall take account of
the need for any burden, whether financial or administrative, falling upon the
Union, national governments, regional or local
authorities, economic operators and citizens, to be minimised and commensurate
with the objective to be achieved.
Article 6
Any national Parliament or any chamber of a national Parliament may, within six
weeks from the date of transmission of a draft European legislative act, send
to the Presidents of the European
Parliament, the Council and the Commission a reasoned opinion stating why it
considers that the draft in question does not comply with the principle of subsidiarity.
It will be for each national
Parliament or each chamber of a national Parliament to consult, where appropriate,
regional parliaments with legislative powers.
If the draft European legislative act originates from a group of Member States,
the President of the Council shall forward the opinion to the governments of
those Member States.
If the draft European legislative act originates from the Court of Justice, the
European Central Bank or the European Investment Bank, the President of the Council
shall forward the opinion to the
institution or body concerned.
Article 7
The European Parliament, the Council and the Commission, and, where appropriate,
the group of
Member States, the Court of Justice, the European Central Bank or the European
Investment Bank, if the draft legislative act originates from them, shall take
account of the reasoned opinions issued by
national Parliaments or by a chamber of a national Parliament.
Each national Parliament shall have two votes, shared out on the basis of the
national Parliamentary system. In the case of a bicameral Parliamentary system,
each of the two chambers shall have
one vote.
Where reasoned opinions on a draft European legislative act's non-compliance
with the principle of subsidiarity represent at least one third of all the votes
allocated to the national Parliaments in
accordance with the second paragraph, the draft must be reviewed. This threshold
shall be a quarter in the case of a draft European legislative act submitted
on the basis of Article III-264 of the
Constitution on the area of freedom, security and justice. After such review,
the Commission or, where appropriate, the group of Member States, the European
Parliament, the Court of Justice, the European Central Bank or the European Investment
Bank, if the draft European legislative act originates from them, may decide
to maintain, amend or withdraw the
draft. Reasons must be given for this decision.
Article 8
The Court of Justice of the European Union shall have jurisdiction in actions
on grounds of infringement of the principle of subsidiarity by a European legislative
act, brought in accordance with
the rules laid down in Article III-365 of the Constitution by Member States,
or notified by them in accordance with their legal order on behalf of their national
Parliament or a chamber of it.
In accordance with the rules laid down in the said Article, the Committee of
the Regions may also bring such actions against European legislative acts for
the adoption of which the Constitution
provides that it be consulted.
Article 9
The Commission shall submit each year to the European Council, the European Parliament,
the Council and national Parliaments a report on the application of Article I-11
of the Constitution. This
annual report shall also be forwarded to the Committee of the Regions and to
the Economic and
Social Committee.
3. PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN
UNION
THE HIGH CONTRACTING PARTIES
DESIRING to lay down the Statute of the Court of Justice of the European Union provided for in Article III-381 of the
Constitution,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for
Europe and the Treaty establishing the European Atomic Energy Community:
Article 1
The Court of Justice of the European Union shall be constituted and shall function in accordance with
the Constitution, with the Treaty establishing the European Atomic Energy Community
(EAEC Treaty) and with this Statute.
TITLE I
JUDGES AND ADVOCATES-GENERAL
Article 2
Before taking up his duties each Judge shall, before the Court of Justice sitting in open court, take an
oath to perform his duties impartially and conscientiously and to preserve the secrecy of the
deliberations of the Court.
Article 3
The Judges shall be immune from legal proceedings. After they have ceased to hold office, they shall
continue to enjoy immunity in respect of acts performed by them in their official capacity, including
words spoken or written.
The Court of Justice, sitting as a full Court, may waive the immunity. If the decision concerns a
member of the General Court or of a specialised court, the Court shall decide after consulting the
court concerned.
Where immunity has been waived and criminal proceedings are instituted against a Judge, he shall be
tried, in any of the Member States, only by the court competent to judge the members of the highest
national judiciary.
Articles 11 to 14 and Article 17 of the Protocol on the privileges and immunities of the Union shall
apply to the Judges, Advocates-General, Registrars and Assistant Rapporteurs of the Court of Justice
of the European Union, without prejudice to the provisions relating to immunity from legal
proceedings of Judges which are set out in the first, second and third paragraphs of this Article.
Article 4
The Judges may not hold any political or administrative office.
They may not engage in any occupation, whether gainful or not, unless exemption is exceptionally
granted by a European decision of the Council, acting by a simple majority.
When taking up their duties, they shall give a solemn undertaking that, both during and after their
term of office, they will respect the obligations arising therefrom, in particular the duty to behave
with integrity and discretion as regards the acceptance, after they have ceased to hold office, of
certain appointments or benefits.
Any doubt on this point shall be settled by decision of the Court of Justice. If the decision concerns a
member of the General Court or of a specialised court, the Court shall decide after consulting the
court concerned.
Article 5
Apart from normal replacement, or death, the duties of a Judge shall end when he resigns.
Where a Judge resigns, his letter of resignation shall be addressed to the President of the Court of
Justice for transmission to the President of the Council. Upon this notification a vacancy shall arise
on the bench.
Save where Article 6 applies, a Judge shall continue to hold office until his successor takes up his
duties.
Article 6
A Judge may be deprived of his office or of his right to a pension or other benefits in its stead only if,
in the unanimous opinion of the Judges and Advocates-General of the Court of Justice, he no longer
fulfils the requisite conditions or meets the obligations arising from his office. The Judge concerned
shall not take part in any such deliberations. If the person concerned is a member of the General
Court or of a specialised court, the Court shall decide after consulting the court concerned.
The Registrar of the Court of Justice shall communicate the decision of the Court of Justice to the
President of the European Parliament and to the President of the Commission and shall notify it to
the President of the Council.
In the case of a decision depriving a Judge of his office, a vacancy shall arise on the bench upon this
latter notification.
Article 7
A Judge who is to replace a member of the Court of Justice whose term of office has not expired shall
be appointed for the remainder of his predecessor's term.
Article 8
The provisions of Articles 2 to 7 shall apply to the Advocates-General.
TITLE II
ORGANISATION OF THE COURT OF JUSTICE
Article 9
When, every three years, the Judges are partially replaced, thirteen and twelve Judges shall be replaced
alternately.
When, every three years, the Advocates-General are partially replaced, four Advocates-General shall
be replaced on each occasion.
Article 10
The Registrar shall take an oath before the Court of Justice to perform his duties impartially and
conscientiously and to preserve the secrecy of the deliberations of the Court of Justice.
Article 11
The Court of Justice shall arrange for replacement of the Registrar on occasions when he is prevented
from attending the Court of Justice.
Article 12
Officials and other servants shall be attached to the Court of Justice to enable it to function. They
shall be responsible to the Registrar under the authority of the President.
Article 13
A European law may provide for the appointment of Assistant Rapporteurs and lay down the rules
governing their service. It shall be adopted at the request of the Court of Justice. The Assistant
Rapporteurs may be required, under conditions laid down in the Rules of Procedure, to participate in
preparatory inquiries in cases pending before the Court of Justice and to cooperate with the Judge
who acts as Rapporteur.
The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt and
who possess the necessary legal qualifications; they shall be appointed by a European decision of the
Council, acting by a simple majority. They shall take an oath before the Court of Justice to perform
their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the
Court of Justice.
Article 14
The Judges, the Advocates-General and the Registrar shall be required to reside at the place where the
Court of Justice has its seat.
Article 15
The Court of Justice shall remain permanently in session. The duration of the
judicial vacations shall be determined by the Court of Justice with due regard
to the needs of its business.
Article 16
The Court of Justice shall form chambers consisting of three and five Judges. The Judges shall elect
the Presidents of the chambers from among their number. The Presidents of the chambers of
five Judges shall be elected for three years. They may be re-elected once.
The Grand Chamber shall consist of thirteen Judges. It shall be presided over by the President of the
Court of Justice. The Presidents of the chambers of five Judges and other Judges appointed in
accordance with the conditions laid down in the Rules of Procedure shall also form part of the Grand
Chamber.
The Court of Justice shall sit in a Grand Chamber when a Member State or an institution of the
Union that is party to the proceedings so requests.
The Court of Justice shall sit as a full Court where cases are brought before it pursuant to Article
III-335(2), the second paragraph of Article III-347, Article III-349 or Article III-385(6) of the
Constitution.
Moreover, where it considers that a case before it is of exceptional importance, the Court of Justice
may decide, after hearing the Advocate-General, to refer the case to the full Court.
Article 17
Decisions of the Court of Justice shall be valid only when an uneven number of its members is sitting
in the deliberations.
Decisions of the chambers consisting of either three or five Judges shall be valid only if they are taken
by three Judges.
Decisions of the Grand Chamber shall be valid only if nine Judges are sitting.
Decisions of the full Court shall be valid only if fifteen Judges are sitting.
In the event of one of the Judges of a chamber being prevented from attending, a Judge of another
chamber may be called upon to sit in accordance with conditions laid down in the Rules of
Procedure.
Article 18
No Judge or Advocate-General may take part in the disposal of any case in which he has previously
taken part as agent or adviser or has acted for one of the parties, or in which he has been called upon
to pronounce as a member of a court or tribunal, of a commission of inquiry or in any other
capacity.
If, for some special reason, any Judge or Advocate-General considers that he
should not take part in the judgment or examination of a particular case, he
shall so inform the President. If, for some special
reason, the President considers that any Judge or Advocate-General should not
sit or make submissions in a particular case, he shall notify him accordingly.
Any difficulty arising as to the application of this Article shall be settled
by decision of the Court of
Justice.
A party may not apply for a change in the composition of the Court of Justice
or of one of its chambers on the grounds of either the nationality of a Judge
or the absence from the Court or from
the chamber of a Judge of the nationality of that party.
TITLE III
PROCEDURE BEFORE THE COURT OF JUSTICE
Article 19
The Member States and the institutions of the Union shall be represented before the Court of Justice
by an agent appointed for each case. The agent may be assisted by an adviser or by a lawyer.
The States, other than the Member States, which are parties to the Agreement on the European
Economic Area and also the European Free Trade Association (EFTA) Surveillance Authority referred
to in that Agreement shall be represented in same manner.
Other parties must be represented by a lawyer.
Only a lawyer authorised to practise before a court of a Member State or of another State which is a
party to the Agreement on the European Economic Area may represent or assist a party before the
Court of Justice.
Such agents, advisers and lawyers shall, when they appear before the Court of Justice, enjoy the rights
and immunities necessary to the independent exercise of their duties, under conditions laid down in
the Rules of Procedure.
As regards such advisers and lawyers who appear before it, the Court of Justice shall have the powers
normally accorded to courts of law, under conditions laid down in the Rules of Procedure.
University teachers being nationals of a Member State whose law accords them a right of audience
shall have the same rights before the Court of Justice as are accorded by this Article to lawyers.
Article 20
The procedure before the Court of Justice shall consist of two parts: written and oral.
The written procedure shall consist of the communication to the parties and to the institutions,
bodies, offices or agencies of the Union whose acts are in dispute, of applications, statements of case,
defences and observations, and of replies, if any, as well as of all papers and documents in support or
of certified copies of them.
Communications shall be made by the Registrar in the order and within the time laid down in the
Rules of Procedure.
The oral procedure shall consist of the reading of the report presented by a Judge acting as
Rapporteur, the hearing by the Court of Justice of agents, advisers and lawyers and of the submissions
of the Advocate General, as well as the hearing, if any, of witnesses and experts.
Where it considers
that the case raises no new point of law, the Court of Justice may decide, after
hearing the Advocate-General, that the case shall be determined without a submission
from the Advocate General.
Article 21
A case shall be brought before the Court of Justice by a written application
addressed to the Registrar. The application shall contain the applicant's name
and permanent address and the description of the
signatory, the name of the party or names of the parties against whom the application
is made, the subject matter of the dispute, the form of order sought and a brief
statement of the pleas in law on
which the application is based.
The application shall be accompanied, where appropriate, by the measure the annulment
of which is sought or, in the circumstances referred to in Article III-367 of
the Constitution, by documentary
evidence of the date on which an institution was, in accordance with that Article,
requested to act. If the documents are not submitted with the application, the
Registrar shall ask the party concerned to
produce them within a reasonable period, but in that event the rights of the
party shall not lapse even if such documents are produced after the time limit
for bringing proceedings.
Article 22
A case governed by
Article 18 of the EAEC Treaty shall be brought before the Court of Justice by
an appeal addressed to the Registrar. The appeal shall contain the name and permanent
address of the
applicant and the description of the signatory, a reference to the decision against
which the appeal is brought, the names of the respondents, the subject matter
of the dispute, the submissions and a brief
statement of the grounds on which the appeal is based.
The appeal shall be accompanied by a certified copy of the decision of the Arbitration
Committee which is contested.
If the Court rejects the appeal, the decision of the Arbitration Committee shall
become final. If the Court annuls the decision of the Arbitration Committee,
the matter may be reopened, where
appropriate, on the initiative of one of the parties in the case, before the Arbitration Committee. The
latter shall conform to any decisions on points of law given by the Court.
Article 23
In the cases governed by Article III-369 of the Constitution, the decision of
the court or tribunal of a Member State which suspends its proceedings and refers
a case to the Court of Justice shall be
notified to the Court of Justice by the court or tribunal concerned. The decision
shall then be notified by the Registrar of the Court of Justice to the parties,
to the Member States and to the Commission,
and to the institution, body, office or agency which adopted the act the validity
or interpretation of which is in dispute.
Within two months of this notification, the parties, the Member States, the Commission
and, where appropriate, the institution, body, office or agency which adopted
the act the validity or
interpretation of which is in dispute, shall be entitled to submit statements
of case or written observations to the Court of Justice.
The decision of the national court or tribunal shall, moreover, be notified by
the Registrar of the Court of Justice to the States, other than the Member States,
which are parties to the Agreement on
the European Economic Area and also to the EFTA Surveillance Authority referred
to in that Agreement which may, within two months of notification, where one
of the fields of application of
that Agreement is concerned, submit statements of case or written observations
to the Court of Justice. This paragraph shall not apply to questions falling
within the scope of the EAEC Treaty.
Where an agreement relating to a specific subject matter, concluded by the Council
and one or more non-member countries, provides that those countries are to be
entitled to submit statements of case
or written observations where a court or tribunal of a Member State refers to
the Court of Justice for a preliminary ruling on a question falling within the
scope of the agreement, the decision of the
national court or tribunal containing that question shall also be notified to
the non-member countries concerned. Within two months from such notification,
those countries may lodge at the
Court of Justice statements of case or written observations.
Article 24
The Court of Justice may require the parties to produce all documents and to
supply all information which the Court of Justice considers desirable. Formal
note shall be taken of any refusal.
The Court of Justice may also require the Member States and institutions, bodies,
offices and agencies of the Union not being parties to the case to supply all
information which the Court of Justice
considers necessary for the proceedings.
Article 25
The Court of Justice may at any time entrust any individual, body, authority,
committee or other organisation it chooses with the task of giving an expert
opinion.
Article 26
Witnesses may be heard under conditions laid down in the Rules of Procedure.
Article 27
With respect to defaulting witnesses the Court of Justice shall have the powers
generally granted to
courts and tribunals and may impose pecuniary penalties under conditions laid down in the Rules of
Procedure.
Article 28
Witnesses and experts may be heard on oath taken in the form laid down in the Rules of Procedure
or in the manner laid down by the law of the country of the witness or expert.
Article 29
The Court of Justice may order that a witness or expert be heard by the judicial
authority of his place of permanent residence.
The order shall be sent for implementation to the competent judicial authority
under conditions laid down in the Rules of Procedure. The documents drawn up
in compliance with the letters rogatory
shall be returned to the Court of Justice under the same conditions.
The Court of Justice shall defray the expenses, without prejudice to the right
to charge them, where appropriate, to the parties.
Article 30
A Member State shall treat any violation of an oath by a witness or expert in
the same manner as if the offence had been committed before one of its courts
with jurisdiction in civil proceedings. At the
instance of the Court of Justice, the Member State concerned shall prosecute
the offender before its competent court.
Article 31
The hearing in court shall be public, unless the Court of Justice, of its own
motion or on application by the parties, decides otherwise for serious reasons.
Article 32
During the hearings the Court of Justice may examine the experts, the witnesses
and the parties
themselves. The latter, however, may address the Court of Justice only through
their representatives.
Article 33
Minutes shall be made of each hearing and signed by the President and the Registrar.
Article 34
The case list shall be established by the President.
Article 35
The deliberations of the Court of Justice shall be and shall remain secret.
Article 36
Judgments shall state the reasons on which they are based. They shall contain
the names of the Judges who took part in the deliberations.
Article 37
Judgments shall be signed by the President and the Registrar. They shall be read
in open court.
Article 38
The Court of Justice shall adjudicate upon costs.
Article 39
The President of the Court of Justice may, by way of summary procedure, which may, insofar as
necessary, differ from some of the rules contained in this Statute and which shall be laid down in the
Rules of Procedure, adjudicate upon applications to suspend execution, as provided for in Article III-379(
1) of the Constitution and Article 157 of the EAEC Treaty, or to prescribe interim measures in
pursuance of Article III-379(2) of the Constitution, or to suspend enforcement in accordance with
the fourth paragraph of Article III-401 of the Constitution or the third paragraph of Article 164 of
the EAEC Treaty.
Should the President be prevented from attending, his place shall be taken by another Judge under
conditions laid down in the Rules of Procedure.
The ruling of the President or of the Judge replacing him shall be provisional and shall in no way
prejudice the decision of the Court of Justice on the substance of the case.
Article 40
Member States and institutions of the Union may intervene in cases before the Court of Justice.
The same right shall be open to the bodies, offices and agencies of the Union and to any other person
which can establish an interest in the result of a case submitted to the Court of Justice. Natural or
legal persons shall not intervene in cases between Member States, between institutions of the Union
or between Member States and institutions of the Union.
Without prejudice to the second paragraph, the States, other than the Member States, which are
parties to the Agreement on the European Economic Area, and also the EFTA Surveillance Authority
referred to in that Agreement, may intervene in cases before the Court of Justice where one of the
fields of application of that Agreement is concerned.
An application to intervene shall be limited to supporting the form of order sought by one of the
parties.
Article 41
Where the defending party, after having been duly summoned, fails to file written submissions in
defence, judgment shall be given against that party by default. An objection may be lodged against
the judgment within one month of it being notified. The objection shall not have the effect of staying
enforcement of the judgment by default unless the Court of Justice decides otherwise.
Article 42
Member States, institutions, bodies, offices and agencies of the Union and any other natural or legal
persons may, in cases and under conditions laid down in the Rules of Procedure, institute third-party
proceedings to contest a judgment rendered without their being heard, where the judgment is
prejudicial to their rights.
Article 43
If the meaning or scope of a judgment is in doubt, the Court of Justice shall construe it on application
by any party or any institution of the Union establishing an interest therein.
Article 44
An application for revision of a judgment may be made to the Court of Justice only on discovery of a
fact which is of such a nature as to be a decisive factor, and which, when the judgment was given, was
unknown to the Court and to the party claiming the revision.
The revision shall be opened by a judgment of the Court expressly recording the existence of a new
fact, recognising that it is of such a character as to lay the case open to revision and declaring the
application admissible on this ground.
No application for revision may be made after the lapse of ten years from the date of the judgment.
Article 45
Periods of grace based on considerations of distance shall be laid down in the Rules of Procedure.
No right shall be prejudiced in consequence of the expiry of a time-limit if the party concerned
proves the existence of unforeseeable circumstances or of force majeure.
Article 46
Proceedings against the Union in matters arising from non-contractual liability shall be barred after a
period of five years from the occurrence of the event giving rise thereto. The period of limitation
shall be interrupted if proceedings are instituted before the Court of Justice or if prior to such
proceedings an application is made by the aggrieved party to the relevant institution of the Union. In
the latter event the proceedings must be instituted within the period of two months provided for in
Article III-365 of the Constitution. The second paragraph of Article III-367 of the Constitution shall
apply.
This Article shall also apply to proceedings against the European Central Bank regarding non-contractual
liability.
TITLE IV
THE GENERAL COURT
Article 47
The first paragraph of Article 9, Articles 14 and 15, the first, second, fourth and fifth paragraphs of
Article 17 and Article 18 shall apply to the General Court and its members.
Articles 10, 11 and 14 shall apply to the Registrar of the General Court mutatis mutandis.
Article 48
The General Court shall consist of twenty-five Judges.
Article 49
The members of the General Court may be called upon to perform the task of an Advocate-General.
It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to
make, in open court, reasoned submissions on certain cases brought before the General Court in
order to assist that Court in the performance of its task.
The criteria for selecting such cases, as well as the procedures for designating the Advocates-General,
shall be laid down in the Rules of Procedure of the General Court.
A member called upon to perform the task of Advocate-General in a case may not take part in the
judgment of the case.
Article 50
The General Court shall sit in chambers of three or five Judges. The Judges shall elect the Presidents of
the chambers from among their number. The Presidents of the chambers of five Judges shall be
elected for three years. They may be re-elected once.
The composition of the chambers and the assignment of cases to them shall be governed by the Rules
of Procedure. In certain cases governed by the Rules of Procedure, the General Court may sit as a full
court or be constituted by a single Judge.
The Rules of Procedure may also provide that the General Court may sit in a Grand Chamber in cases
and under the conditions specified therein.
Article 51
By way of derogation from the rule laid down in Article III-358(1) of the Constitution, jurisdiction
shall be reserved to the Court of Justice in the actions referred to in Articles III-365 and III-367 of the
Constitution when they are brought by a Member State against:
(a) an act of or failure to act by the European Parliament or the Council, or both those institutions
acting jointly, except for:
ÜEuropean decisions adopted by the Council under the third subparagraph of Article III-168(2)
of the Constitution;
Üacts of the Council adopted pursuant to a Council act concerning measures to protect trade
within the meaning of Article III-315 of the Constitution;
Üacts of the Council by which the Council exercises implementing powers in accordance with
Article I-37(2) of the Constitution;
(b) against an act of or failure to act by the Commission under Article III-420(1) of the Constitution.
Jurisdiction shall also be reserved to the Court of Justice in the actions referred to in the same Articles
when they are brought by an institution of the Union against an act of or failure to act by the
European Parliament or the Council or both of those institutions acting jointly or the Commission,
or brought by an institution against an act of or failure to act by the European Central Bank.
Article 52
The President of the Court of Justice and the President of the General Court shall determine, by
common accord, the conditions under which officials and other servants attached to the Court of
Justice shall render their services to the General Court to enable it to function. Certain officials or
other servants shall be responsible to the Registrar of the General Court under the authority of the
President of the General Court.
Article 53
The procedure before the General Court shall be governed by Title III.
Such further and more detailed provisions as may be necessary shall be laid down in its Rules of
Procedure. The Rules of Procedure may derogate from the fourth paragraph of Article 40 and from
Article 41 in order to take account of the specific features of litigation in the field of intellectual
property.
Notwithstanding the fourth paragraph of Article 20, the Advocate-General may make his reasoned
submissions in writing.
Article 54
Where an application or other procedural document addressed to the General Court is lodged by
mistake with the Registrar of the Court of Justice, it shall be transmitted immediately by that Registrar
to the Registrar of the General Court. Likewise, where an application or other procedural document
addressed to the Court of Justice is lodged by mistake with the Registrar of the General Court, it shall
be transmitted immediately by that Registrar to the Registrar of the Court of Justice.
Where the General Court finds that it does not have jurisdiction to hear and determine an action in
respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice.
Likewise, where the Court of Justice finds that an action falls within the jurisdiction of the General
Court, it shall refer that action to the General Court, whereupon that Court may not decline
jurisdiction.
Where the Court of Justice and the General Court are seised of cases in which the same relief is
sought, the same issue of interpretation is raised or the validity of the same act is called in question,
the General Court may, after hearing the parties, stay the proceedings before it until such time as the
Court of Justice has delivered judgment, or, where the action is one brought pursuant to Article III-365
of the Constitution or pursuant to Article 146 of the EAEC Treaty, may decline jurisdiction so as
to allow the Court of Justice to rule on such actions. In the same circumstances, the Court of Justice
may also decide to stay the proceedings before it. In that event, the proceedings before the General
Court shall continue.
Where a Member State and an institution are challenging the same act, the General Court shall
decline jurisdiction so that the Court of Justice may rule on those applications.
Article 55
Final decisions of the General Court, decisions disposing of the substantive issues in part only or
disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be
notified by the Registrar of the General Court to all parties as well as all Member States and the
institutions of the Union even if they did not intervene in the case before the General Court.
Article 56
An appeal may be brought before the Court of Justice, within two months of the notification of the
decision appealed against, against final decisions of the General Court and decisions of that Court
disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea
of lack of competence or inadmissibility.
Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its
submissions. However, interveners other than the Member States and the institutions of the Union
may bring such an appeal only where the decision of the General Court directly affects them.
With the exception of cases relating to disputes between the Union and its servants, an appeal may
also be brought by Member States and institutions of the Union which did not intervene in the
proceedings before the General Court. Such Member States and institutions shall be in the same
position as Member States or institutions which intervened at first instance.
Article 57
Any person whose application to intervene has been dismissed by the General Court may appeal to
the Court of Justice within two weeks from the notification of the decision dismissing the
application.
The parties to the proceedings may appeal to the Court of Justice against any decision of the General
Court made pursuant to Article III-379(1) or (2) or the fourth paragraph of Article III-401 of the
Constitution, or Article 157 or the third paragraph of Article 164 of the EAEC Treaty, within two
months from their notification.
The appeal referred to in the first two paragraphs shall be heard and determined under the procedure
referred to in Article 39.
Article 58
An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lack of
competence of the General Court, a breach of procedure before it which adversely affects the interests
of the appellant as well as the infringement of Union law by the General Court.
No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.
Article 59
Where an appeal is brought against a decision of the General Court, the procedure before the Court
of Justice shall consist of a written part and an oral part. In accordance with conditions laid down in
the Rules of Procedure, the Court of Justice, having heard the Advocate-General and the parties, may
dispense with the oral procedure.
Article 60
Without prejudice to Article III-379(1) and (2) of the Constitution or Article 157 of the EAEC Treaty,
an appeal shall not have suspensory effect.
By way of derogation from Article III-380 of the Constitution, decisions of the General Court
declaring a European law or European regulation binding in its entirety and directly applicable in all
Member States to be void shall take effect only as from the date of expiry of the period referred to in
the first paragraph of Article 56 of this Statute or, if an appeal shall have been brought within that
period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party
to apply to the Court of Justice, pursuant to Article III-379(1) and (2) of the Constitution, and
Article 157 of the EAEC Treaty for the suspension of the effects of the European law or European
regulation which has been declared void or for the prescription of any other interim measure.
Article 61
If the appeal is well founded, the Court of Justice shall quash the decision of the General Court. It may
itself give final judgment in the matter, where the state of the proceedings so permits, or refer the
case back to the General Court for judgment.
Where a case is referred back to the General Court, that Court shall be bound by the decision of the
Court of Justice on points of law.
When an appeal brought by a Member State or an institution of the Union, which did not intervene
in the proceedings before the General Court, is well founded, the Court of Justice may, if it considers
this necessary, state which of the effects of the decision of the General Court which has been quashed
shall be considered as definitive in respect of the parties to the litigation.
Article 62
In the cases provided for in Article III-358(2) and (3) of the Constitution, where the First Advocate-General
considers that there is a serious risk of the unity or consistency of Union law being affected,
he may propose that the Court of Justice review the decision of the General Court.
The proposal must be made within one month of delivery of the decision by the General Court.
Within one month of receiving the proposal made by the First Advocate-General, the Court of Justice
shall decide whether or not the decision should be reviewed.
TITLE V
FINAL PROVISIONS
Article 63
The Rules of Procedure of the Court of Justice and of the General Court shall contain any provisions
necessary for applying and, where required, supplementing this Statute.
Article 64
The rules governing the language arrangements applicable at the Court of Justice of the European
Union shall be laid down by a European regulation of the Council acting unanimously. This
regulation shall be adopted either at the request of the Court of Justice and after consultation of the
Commission and the European Parliament, or on a proposal from the Commission and after
consultation of the Court of Justice and of the European Parliament.
Until those rules have been adopted, the provisions of the Rules of Procedure of the Court of Justice
and of the Rules of Procedure of the General Court governing language arrangements shall apply. By
way of derogation from Articles III-355 and III-356 of the Constitution, those provisions may only
be amended or repealed with the unanimous consent of the Council.
Article 65
1. By way of derogation from Article IV-437 of the Constitution, any amendment to the Protocol
on the Statute of the Court of Justice, annexed to the Treaty on European Union, to the Treaty
establishing the European Community and to the EAEC Treaty, which is adopted between the signing
and the entry into force of the Treaty establishing a Constitution for Europe, shall remain in force.
2. In order to incorporate them into the enacting terms of this Statute, the
amendments referred to in paragraph 1 shall be subject to official codification
by a European law of the Council, adopted at
the request of the Court of Justice. When such codifying European law enters
into force, this Article
shall be repealed.
