Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 11, between lines 11 and 12, to insert the following: “ “TFEU” means the Treaty on the Functioning of the European Union;”.

The amendments are mainly technical. I will go through them as quickly as I can. Amendment No. 2 inserts a new definition in the section. This is the interpretation section, which sets out the definitions and meanings for key terms and expressions used in the Bill. The new definition refers to the Treaty on the Functioning of the European Union, TFEU. This allows for better definition in the provisions of sections 40, 58 and 59, which are also amended by this group. Articles 254 and 255 of the TFEU concern appointments to the judicial offices in the Court of Justice of the European Union, including the office of Advocate General and the General Court. The Deputies will be aware the Bill includes, within this commission remit, recommendations for nominations by Government to all of these offices. It applies to all of the courts. Amendments Nos. 15, 25 and 26 are very much connected with that.

Amendment No. 15 is essentially technical. It provides a more precise reference point for the qualifications required for nomination as judge of the Court of Justice, Advocate General of the Court of Justice or judge of the General Court. The amendment essentially amends the wording, "the requirements that for the time being stand specified by the court to which the judicial office [is] concerned", to replace it with a more accurate reference, "qualified for appointment in accordance with the requirements of the TFEU".

My advice is that the requirements are more correctly attributed to the treaty rather than the specified court.

Under section 58, amendment No. 25 is similar in so far as it relates to the nomination of judge of the Court of Justice, Advocate General of the Court of Justice or judge of the General Court and it makes provision for the statement of requisite knowledge, skills and attributes for judicial office. It removes reference to "requirements specified by the court, or the governing body of the court, to which the judicial office relates" and replaces it with "requirements of the TFEU, and ... the criteria used by the panel, established under Article 255 of the TFEU, to assess candidates' suitability to perform the duties of the judicial office concerned". Again, my advice is that the requirements are more correctly attributed to the treaty rather than to the court.

Amendment No. 26 is a technical amendment. It provides a more precise reference point in dealing with the selection procedures in so far as it relates to the Court of Justice, Advocate General of the Court of Justice or judge of the General Court. The amendment seeks to replace reference to "requirements specified by the court or the governing body of the court, to which that judicial office relates" with "any requirements of the TFEU concerning the procedures for selection of candidates for those judicial offices". Again, my advice is that it is more correctly attributed to the treaty rather than to particular courts. It is all quite specific and technical amendment but it is about tidying it up and making sure it relates to the right sections.