PositionBrief Article

The Commission recognises that the Court has sought to draw "a simple and unambiguous dividing line to ensure the architecture of the system remains intelligible and that the notions used do not give rise to different interpretations". The aim of the approach outlined in the Nice Treaty is to reserve important cases for the Court of Justice to enable it to focus on its triple role of Constitutional Court (responsibility for opinions, failings and important direct appeals), a Court of Appeal regarding rulings from the Court of First Instance, and supreme arbiter, responsible for interpretation through preliminary rulings and procedures for the re-examination of rulings from the Court of First Instance. However, the Commission believes this objective must go in hand with a restructuring of responsibilities consistent with the terms and spirit of the Nice Treaty.

Regarding inter-institutional appeals, the Court's proposal only concerns those arising between the European Parliament, the Council, the Commission and the European Central Bank (ECB). In the opinion of the Commission, the responsibility of the Court should also extend to all inter-institutional litigation and therefore cover proceedings for annulment or action for failure to act lodged by Institutions and Community organs and bodies, as well as all litigation challenging rules of procedure or provisions governing the functioning of an institution or a Community organ. This should notably apply, according to this analysis, to appeals from MEPs against provisions of the rules of procedure of their Institution, or decisions approving framework agreements concluded between...

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