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Rules of Procedure of the European Parliament
9th parliamentary term - July 2019
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CONTENTS
NOTE TO THE READER
COMPENDIUM OF THE MAIN LEGAL ACTS RELATED TO THE RULES OF PROCEDURE

TITLE V : RELATIONS WITH OTHER INSTITUTIONS AND BODIES
CHAPTER 8 : REFERRALS TO THE COURT OF JUSTICE OF THE EUROPEAN UNION

Rule 149 : Proceedings before the Court of Justice of the European Union

1.   Parliament shall, within the time limits specified, by the Treaties and the Statute of the Court of Justice of the European Union, for action by the institutions of the Union and by natural or legal persons, examine Union legislation and its implementation in order to ensure that the Treaties have been fully complied with, in particular where Parliament's rights are concerned.

2.   If it suspects a breach of Union law, the committee responsible for legal affairs shall report to Parliament, orally if necessary. Where appropriate, the committee responsible for legal affairs may hear the views of the committee responsible for the subject matter.

3.   The President shall bring an action on behalf of Parliament in accordance with the recommendation of the committee responsible for legal affairs.

At the start of the following part-session, the President may ask Parliament to decide whether the action should be maintained. If Parliament rules against the action by a majority of the votes cast, the President shall withdraw the action.

If the President brings an action contrary to the recommendation of the committee responsible for legal affairs, he or she shall, at the start of the following part-session, ask Parliament to decide whether the action should be maintained.

4.   The President shall, after consulting the committee responsible for legal affairs, submit observations or intervene in court proceedings on behalf of Parliament.

If the President intends to depart from the recommendation of the committee responsible for legal affairs, he or she shall inform the committee accordingly and shall refer the matter to the Conference of Presidents, stating his or her reasons.

If the Conference of Presidents takes the view that Parliament should, exceptionally, not submit observations or intervene in a case before the Court of Justice of the European Union in which the legal validity of an act of Parliament is being questioned, the matter shall be submitted to Parliament without delay.

Nothing in the Rules prevents the committee responsible for legal affairs from deciding on appropriate procedural arrangements for the timely transmission of its recommendation in urgent cases.

Where it is necessary to take a decision as to whether Parliament should exercise its rights vis-à-vis the Court of Justice of the European Union, and the act in question is not covered by Rule 149 of these Rules of Procedure, the procedure provided for in this rule should apply mutatis mutandis.

5.   In urgent cases, the President may, after consulting, where possible, the Chair and the rapporteur of the committee responsible for legal affairs, take precautionary action in order to comply with the relevant time-limits. In such cases, the procedures provided for in paragraphs 3 or 4 shall, as applicable, be implemented at the earliest opportunity.

6.   The committee responsible for legal affairs shall lay down the principles  that it will use in its application of this Rule.

Last updated: 21 June 2019Legal notice