Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-09-24-Speech-3-953"
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"en.20080924.28.3-953"2
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"I voted in favour of the report on amendments to Rule 121 of the Rules of Procedure of the European Parliament concerning proceedings before the European Court of Justice. I did so because the issue in question is an example of respect for the rule of law.
Rule 121(3) of the Rules of Procedure states that the President shall bring an action before the Court of Justice on behalf of Parliament and in accordance with the recommendation of the committee responsible. This provision refers explicitly and exclusively to complaints before the Court. In such cases it is not possible to apply a broader interpretation according to which this provision could be applied to other cases of a different nature before the Court. The provision is only implemented in cases involving the filing of a complaint (on repeal of a legal act, for instance) when Parliament initiates court proceedings.
In the interests of ensuring legal certainty and completeness, the rapporteur rightly proposed the addition of a new paragraph to Rule 121. The new paragraph would enshrine the established practice regarding the submission of comments by the President of the European Parliament to the Court and his or her appearances before the Court at the request of the Committee on Legal Affairs. The proposed amendment establishes a procedure to be followed should a difference of opinion emerge between the President and the relevant committee. Thanks to this amendment, the procedure currently being followed will have a democratic legal basis."@en1
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