Appointment of judges to the European Union Civil Service Tribunal - Public call for applications for the appointment of three judges - Approval by the Council - Main contents

Document date	19-11-2007
Publication date	22-01-2013
Reference	15381/07
From	Council General Secretariat
To	Coreper/Council
External link	original PDF
Original document in PDF

COUNCIL OF Brussels, 19 November 2007 (20.11) THE EUROPEAN UNION (OR. fr)

15381/07

JUR 406 COUR 51

"I/A" ITEM NOTE from: Council General Secretariat to: Coreper/Council

Subject: Appointment of judges to the European Union Civil Service Tribunal

• - 

  Public call for applications for the appointment of three judges - Approval by the Council

• 1. 

  The European Union Civil Service Tribunal was established by Council

  Decision 2004/752/EC i, Euratom of 2 November 2004 1 . To that end, that Decision added an

  Annex I to the Protocol on the Statute of the Court of Justice.

• 2. 

  In accordance with Article 2 of the new Annex I to the Protocol on the Statute of the Court of Justice, the European Union Civil Service Tribunal is composed of seven judges. By

  Decision 2005/557/EC, Euratom of 22 July 2005, the Council appointed the seven judges of

  the European Union Civil Service Tribunal 2 .

• 3. 

  Four of the judges were appointed for a period of six years, from 1 October 2005 to

30 September 2011. The other three judges, chosen by lot, were appointed for a period of

three years, from 1 October 2005 to 30 September 2008 3 .

1 OJ L 333, 9.11.2004, p. 7.

2 OJ L 197, 27.7.2005, p. 28.

3 See first and second paragraphs of Article 2 of Decision 2005/557/EC, Euratom.

________________________________________________________________________________ 15381/07 ary/AM/ved 1 4. Following the choice by lot carried out by the President of the Council at the meeting on

12 October 2005, the duties of the following judges will end upon expiry of the first three years of their term of office:

Irena BORUTA Horstpeter KREPPEL Sean VAN RAEPENBUSCH

• 5. 

  Three judges should therefore be appointed for the period from 1 October 2008 to

  30 September 2014.

• 6. 

  Article 3 of Annex I to the Statute of the Court of Justice provides that:

  "1. The judges shall be appointed by the Council, acting in accordance with the fourth paragraph of Article 225a of the EC Treaty and the fourth paragraph of Article 140b of the EAEC Treaty, after consulting the committee provided for by this Article. When appointing judges, the Council shall ensure a balanced composition of the Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented.

  • 2. 

    Any person who is a Union citizen and fulfils the conditions laid down in the fourth paragraph of Article 225a of the EC Treaty and the fourth paragraph of Article 140b of the EAEC Treaty may submit an application. The Council, acting by a qualified

    majority on a recommendation from the Court, shall determine the conditions and the arrangements governing the submission and processing of such applications.

  • 3. 

    A committee shall be set up comprising seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of

    recognised competence. The committee's membership and operating rules shall be determined by the Council, acting by a qualified majority on a recommendation by the President of the Court of Justice.

________________________________________________________________________________ 15381/07 ary/AM/ved 2

• 4. 

  The committee shall give an opinion on candidates' suitability to perform the duties of judge at the Civil Service Tribunal. The committee shall append to its opinion a list of candidates having the most suitable high-level experience. Such list shall contain the names of at least twice as many candidates as there are judges to be appointed by the

  4

  Council. "

• 7. 

  By its Decision 2005/150/EC, Euratom of 18 January 2005, the Council determined the conditions and arrangements governing the submission and processing of applications for

appointment as a judge of the Civil Service Tribunal 5 , as provided for in Article 3(2) of

Annex I to the Statute of the Court of Justice.

• 8. 

  Article 2 of that Decision, which still applies, provides that the Secretary-General of the

  Council is responsible for publishing and adequately circulating the notices of vacancy for posts as members of the European Union Civil Service Tribunal.

• 9. 

  A notice of vacancy should therefore be published for the three posts of members of the

  Tribunal for the period from 1 October 2008 to 30 September 2012.

• 10. 

  The Permanent Representative Committee is invited to suggest that the Council approve the annexed text of the notice of vacancy as an "A" item on the agenda for a forthcoming

  meeting.

-------------------------

4 The Committee was set up by the appointment of its seven members for a period of four years

from 10 November 2004 (Council Decision 2005/151/EC, Euratom of 18 January 2005, OJ L 50, 23.2.2005, p. 9), i.e. until 9 November 2008: it will therefore still be required to carry out its duties in the context of the appointment of the three new judges.

5 OJ L 50, 23.2.2005, p. 7.

________________________________________________________________________________ 15381/07 ary/AM/ved 3

ANNEX

Public call for applications for the appointment of judges

of the European Union Civil Service Tribunal

• 1. 

  The Council decided, by Decision 2004/752/EC i, Euratom 6 , to establish the European Union

  Civil Service Tribunal. The Tribunal, which is attached to the Court of First Instance of the European Communities and has its headquarters at the Court of First Instance, has jurisdiction at first instance in disputes between the Communities and their servants referred to in Article 236 of the EC Treaty and Article 152 of the EAEC Treaty, including disputes between all bodies or agencies and their servants in respect of which jurisdiction is conferred on the Court of Justice.

• 2. 

  The Civil Service Tribunal consists of seven judges, from among whom the president is chosen. The judges are appointed for a period of six years which may be renewed.

  The judges are appointed by the Council acting unanimously, after consulting a committee of seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence. The committee gives its opinion on candidates' suitability to perform the duties of judge at the Civil Service Tribunal. The committee appends to its opinion a list of the candidates having the most suitable high-level experience. The list contains the names of at least twice as many candidates as there are judges to be appointed.

• 3. 

  The terms of office and the general conditions for the performance of the duties of judge are determined by Article 5 of Annex I to the Protocol on the Statute of the Court of Justice, as amended by Decision 2004/752/EC i, Euratom. The judges' remuneration, pensions and

  allowances are fixed by Council Regulation (EC, Euratom) No 202/2005 of 18 January 2005 amending Regulations No 422/67/EEC and No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and

  Registrar of the Court of First Instance 7 .

6 OJ L 333, 9.11.2004, p. 7.

7 OJ L 33, 5.2.2005, p. 1.

________________________________________________________________________________ 15381/07 ary/AM/ved 4 4. By Decision 2005/557/EC, Euratom of 22 July 2005, the Council appointed the seven judges

of the European Union Civil Service Tribunal 8 . Pursuant to Article 2 of that Decision, three

of the judges were appointed for a period of three years, from 1 October 2005 to

30 September 2008 9 .

• 5. 

  A call is therefore made for applications with a view to the appointment of three judges for the period from 1 October 2008 to 30 September 2014 .

• 6. 

  It is apparent from Articles 225a of the EC Treaty and 140b of the EAEC Treaty, read in conjunction with Article 3 of Annex I to the Protocol on the Statute of the Court of Justice, as amended by Decision 2004/752/EC i, Euratom, that candidates for the position of judge must satisfy the following conditions:

  – they must be persons whose independence is beyond doubt,

  – they must possess the ability required for appointment to judicial office,

  – they must be citizens of the Union.

  Candidates' attention is drawn to the fact that, in addition to those minimum conditions, the abovementioned committee will be prompted to take into particular consideration candidates’ ability to work within a collegiate structure in a multinational, multilingual environment, and also the nature, extent and duration of their experience suitable for the duties to be performed.

8 OJ L 197, 27.7.2005, p. 28.

9 See first and second paragraphs of Article 2 of Decision 2005/557/EC, Euratom.

________________________________________________________________________________ 15381/07 ary/AM/ved 5 7. Applications must be accompanied by a curriculum vitæ and a letter setting out reasons

supporting the application, and also photocopies of supporting documents.

Applications are to be sent to the following address:

General Secretariat of the Council of the European Union Call for applications for the Civil Service Tribunal Office 20 40 GM 23 175 rue de la Loi B-1048 Brussels.

Applications are to be sent by registered letter only, by 25 January 2008 at the latest (the post-mark serving as proof).

________________________________________________________________________________ 15381/07 ary/AM/ved 6