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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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General Court
[
Global Index
]
ARTICLE-I-29
: The Court of Justice of the European Union [
go to this ARTICLE
]
... The
Court of Justice
of the
European Union
shall
include
the
Court of Justice
, the
General Court
and specialised
courts
. It shall ensure that in the
interpretation
and
application
of the
Constitution
the
law
is observed. ...
... The
General Court
shall
include
at least one
judge
per
Member State
. ...
... The
Judges
and the
Advocates-General
of the
Court of Justice
and the
Judges
of the
General Court
shall be chosen from
persons
whose
independence
is beyond doubt and who satisfy the
conditions
set out in Articles
III-355
and
III-356
. They shall be appointed by
common
accord of the
governments
of the
Member States
for six
years
.
Retiring
Judges
and
Advocates-General
may be reappointed. ...
ARTICLE-III-356
[
go to this ARTICLE
]
... The
number
of
Judges
of the
General Court
shall be
determined
by the
Statute of the Court
of
Justice
of the
European Union
. The
Statute
may provide for the
General Court
to be assisted by AdvocatesGeneral. ...
... The
number
of
Judges
of the
General Court
shall be
determined
by the
Statute of the Court
of
Justice
of the
European Union
. The
Statute
may provide for the
General Court
to be assisted by AdvocatesGeneral. ...
... The
members
of the
General Court
shall be chosen from
persons
whose
independence
is beyond doubt and who possess the ability required for
appointment
to high
judicial
office
. They shall be appointed by
common
accord of the
governments
of the
Member States
after
consultation
of the panel provided for in Article
III-357
. ...
... The
membership
of the
General Court
shall be partially renewed every three
years
. ...
... The
Judges
shall
elect
the
President
of the
General Court
from among their
number
for a
term
of three
years
. He or she may be
re-elected
. ...
... The
General Court
shall
establish
its
Rules of Procedure
in
agreement
with the
Court of Justice
. The
Rules
shall be
subject
to the
consent
of the
Council
. ...
... Unless the
Statute
provides otherwise, the
provisions
of the
Constitution
relating to the
Court of Justice
shall apply to the
General Court
. ...
ARTICLE-III-357
[
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]
... A panel shall be set up in
order
to give an
opinion
on
candidates
' suitability to perform the
duties
of
Judge
and
Advocate
-
General
of the
Court of Justice
and the
General Court
before the
governments
of the
Member States
make the
appointments
referred to in Articles
III-355
and
III-356
. ...
... The panel shall comprise seven
persons
chosen from among former
members
of the
Court of Justice
and the
General Court
,
members
of
national
supreme
courts
and lawyers of recognised
competence
, one of whom shall be proposed by the
European Parliament
. The
Council
shall
adopt
a
European decision
establishing
the panel's operating
rules
and a
European decision
appointing its
members
. It shall
act
on the
initiative
of the
President
of the
Court of Justice
. ...
ARTICLE-III-358
[
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]
... The
General Court
shall have
jurisdiction
to hear and determine at first instance
actions
or
proceedings
referred to in Articles
III-365
,
III-367
,
III-370
,
III-372
and
III-374
, with the
exception
of those assigned to a specialised
court
set up under Article
III-359
and those reserved in the
Statute of the Court
of
Justice
of the
European Union
for the
Court of Justice
. The
Statute
may provide for the
General Court
to have
jurisdiction
for other
classes
of
action
or
proceeding
. ...
... The
General Court
shall have
jurisdiction
to hear and determine at first instance
actions
or
proceedings
referred to in Articles
III-365
,
III-367
,
III-370
,
III-372
and
III-374
, with the
exception
of those assigned to a specialised
court
set up under Article
III-359
and those reserved in the
Statute of the Court
of
Justice
of the
European Union
for the
Court of Justice
. The
Statute
may provide for the
General Court
to have
jurisdiction
for other
classes
of
action
or
proceeding
. ...
...
Decisions
given by the
General Court
under this paragraph may be
subject
to a
right
of
appeal
to the
Court of Justice
on points of
law
only, under the
conditions
and within the
limits
laid down by the
Statute
. ...
... The
General Court
shall have
jurisdiction
to hear and determine
actions
or
proceedings
brought against
decisions
of the specialised
courts
. ...
...
Decisions
given by the
General Court
under this paragraph may exceptionally be
subject
to
review
by the
Court of Justice
, under the
conditions
and within the
limits
laid down by the
Statute of the Court
of
Justice
of the
European Union
, where there is a
serious
risk
of the unity or
consistency
of
Union
law
being
affected
. ...
... The
General Court
shall have
jurisdiction
to hear and determine
questions
referred for a
preliminary ruling
under Article
III-369
, in
specific
areas
laid down by the
Statute of the Court
of
Justice
of the
European Union
. ...
... Where the
General Court
considers that the
case
requires a
decision
of
principle
likely to
affect
the unity or
consistency
of
Union
law
, it may refer the
case
to the
Court of Justice
for a ruling. ...
...
Decisions
given by the
General Court
on
questions
referred for a
preliminary ruling
may exceptionally be
subject
to
review
by the
Court of Justice
, under the
conditions
and within the
limits
laid down by the
Statute
, where there is a
serious
risk
of the unity or
consistency
of
Union
law
being
affected
. ...
ARTICLE-III-359
[
go to this ARTICLE
]
...
European laws
may
establish
specialised
courts
attached to the
General Court
to hear and determine at first instance certain
classes
of
action
or
proceeding
brought in
specific
areas
. They shall be
adopted
either on a
proposal
from the
Commission
after
consultation
of the
Court of Justice
or at the
request
of the
Court of Justice
after
consultation
of the
Commission
. ...
...
Decisions
given by specialised
courts
may be
subject
to a
right
of
appeal
on points of
law
only or, when provided for in the
European law
establishing
the specialised
court
, a
right
of
appeal
also on matters of
fact
, before the
General Court
. ...
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