29.1.2008 |
EN |
Official Journal of the European Union |
L 24/44 |
STATEMENT
The Council calls upon the Court to provide, in the information note on national courts’ referrals for preliminary ruling procedures, useful guidance for them as to cases in which to apply for an urgent preliminary ruling procedure, in particular in view of tight time limits imposed by national or Community law or serious consequences for the person concerned. The Council calls upon the Court to apply the urgent preliminary ruling procedure in situations involving deprivation of liberty.
The Council notes the Court’s intention of ensuring, with due regard for the urgency of the case concerned, that Member States are allowed the time and translations necessary for drafting written observations and preparing oral arguments in order to guarantee effective and useful participation in the procedure. The Council calls upon the Court to ensure that deadlines in this regard are not, in principle, less than 10 working days, and to adapt the oral procedure to the requirements of the urgent procedure. The Council notes that the urgent preliminary ruling procedure should be concluded within three months.
Lastly, the Council notes the Court’s intention of ensuring, as in the case of any procedure before it, transparency in applying the urgent preliminary ruling procedure, and requests it to submit, no later than three years following its entry into force, a report — the content of which will be updated annually — on its use and, in particular, the Court’s practice for deciding whether or not to launch it.