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Rules of Procedure of the European Parliament
7th parliamentary term - December 2009
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TITLE IV : RELATIONS WITH OTHER BODIES
CHAPTER 7 : REFERRALS TO THE COURT OF JUSTICE OF THE EUROPEAN UNION

Rule 128 : 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 implementing measures in order to ensure that the Treaties have been fully complied with, in particular where Parliament's rights are concerned.

2.   The committee responsible shall report to Parliament, orally if necessary, if it suspects a breach of Union law.

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

At the start of the following part-session, the President may ask the plenary to decide whether the action should be maintained. Should plenary rule against the action by a majority of the votes cast, he shall withdraw it.

Should the President bring an action contrary to the recommendation of the committee responsible, he shall, at the start of the following part-session, ask the plenary to decide whether the action should be maintained.

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

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

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

In urgent cases, the President may take precautionary action in order to comply with the time-limits prescribed by the court concerned. In such cases, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.

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

Last updated: 30 November 2009Legal notice