- giraudjeanbaptiste0
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Nous avons déjà signalé ici le prochain débat (15 Juillet 2026) que la Commission « Affaires constitutionnelles » (AFCO) du Parlement européen organisera sur la base d’une proposition de résolution relative à la Cour de Justice Européenne déposée par le Groupe CRE (Conservateurs et Réformistes européens).
Et nous avions souligné que ce rapport :
portait atteinte à l’équilibre des pouvoirs entre les Institutions de l’UE,
constituait une ingérence dans les affaires internes de la Cour,
comportait une mise en cause directe du rôle de son Président.
Dans une plus longue note sur ce sujet (voir ci-dessous) , M. Le Professeur Virgile Dastoli - Président du mouvement Européen/Italie) estime que cette résolution :
« summarises in twenty-five recitals and twenty-five paragraphs the intentions of his group ECR and other Euro-sceptic groups (PIE and ESN) to launch a campaign aimed at the systematic dismantling of the Court’s role and powers – as established and developed since the ECSC Treaty – by invoking the national sovereignties and constitutional identities of the Member States ».
Et il invite la Commission AFCO :
« to swiftly draw up – on the basis of Rule 188 of the European Parliament’s Rules of Procedure – a ‘draft replacement resolution’ in coordination with a similar alliance in the Committee on Legal Affairs, which is tasked with drafting an opinion on the AFCO draft resolution, with the aim of replacing the draft resolution tabled by Charlie Weimers in its entirety, thereby preventing it from being put to the vote. »
Le débat promet d’être animé et pourra être suivi sur : https://www.europarl.europa.eu/committees/fr/afco/home/highlights
Jean-Guy Giraud
14 - 07 - 2026
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MOVIMENTO EUROPEO
CONSIGLIO ITALIANO
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IL PRESIDENTE
LET US DEFEND AGAINST THE ASSAULT BY SOVEREIGNISTS
COMENIUS, ERASMUS, MONTESQUIEU, MORE, ROCCA AND THEMIS
TO SAFEGUARD THE COURT OF JUSTICE OF THE EUROPEAN UNION
According to the President of the Court of Justice of the European Union, Ken Lenaerts, the names chosen by the Court to designate the buildings where it works in Luxembourg honour the history of Europe and of Justice by naming six figures (Comenius, Erasmus, Montesquieu, More, Rocca and Themis) who were the first defenders of the values upheld by the case law of the Court and the General Court, such as democracy and the Rule of law, respect for diversity – including multilingualism – equal access to knowledge and, more broadly, equal opportunities and social justice.
If one traces the history of these six figures, the ethical strength embodied in the choices made over time by the Court becomes evident; the Court, situated in a single location, works and operates from the tallest towers in Luxembourg, ensuring respect for the law and establishing it through the revolutionary use of case law, with judgements that have shaped the history of European integration.
From the very beginning of the integration process, the Court of Justice has been the most innovative institution within the Community method compared to other international organisations, starting with Article 31 of the ECSC Treaty, which states that “the Court ensures that the law is observed in the interpretation and application of this Treaty and of the implementing regulations”, a provision reproduced verbatim in the Treaties of Rome with the sole omission of the now superfluous reference to implementing regulations.
Since it was established from the outset that there had to be a jurisdiction superior to that of the Member States and entirely independent of them, this appeared essential to affirm that this sui generis international organisation was a “community of law” and that the law to be enforced was that of the Community itself, in order to guarantee its uniformity.
Far more than merely an arbiter between the often-conflicting interests of States and private individuals, the Court has, over time, confirmed its essential and indispensable role as guardian of the internal legal order, with requirements to safeguard even where these conflict with those of the States.
The wording set out in the ECSC Treaty and the Treaties of Rome has been confirmed in subsequent Treaties and now in Article 19 TEU, which adds that “Member States shall provide for the necessary legal remedies to ensure effective judicial protection in the fields covered by Union law”.
Drawing inspiration from the 2003 draft Constitutional Treaty, the 2007 Intergovernmental Conference (IGC) strengthened certain powers of the Court in the Treaty on the Functioning of the European Union, such as those relating to the area of freedom, security and justice, whilst not formally introducing the German and Spanish model of fundamental rights appeals, the right to bring proceedings against acts of the European Council – which, under the Treaty, has become one of the Union’s institutions – and the effectiveness of sanction mechanisms in the event of non-compliance with a judgment of the Court.
It is worth emphasising (Article 281 TFEU) that the Statute of the Court may be amended only through an ordinary legislative procedure by the European Parliament and the Council, at the request of the Court itself, or on a proposal from the Commission following consultation with the Court.
Applying the politically perverse logic imposed in this parliamentary term by the ‘two-track’ policy introduced by the EPP group leader Manfred Weber, the European Parliament’s Committee on Constitutional Affairs has authorised the Swedish conservative Charlie Weimers – who was educated in his youth at the US Republican College and is known for his anti-immigration campaigns, his opposition to increases in the EU budget and his support for the Brexit referendum – to draft a motion for a resolution “on the institutional framework of the European Union and its interaction with national authorities in the application of EU law, with particular reference to Article 19 TEU” (https://www.europarl.europa.eu/doceo/document/AFCO-PR-788810_EN.pdf).
The draft resolution, tabled in committee on 29 June 2026 by Charlie Weimers, summarises in twenty-five recitals and twenty-five paragraphs the intentions of his group ECR and other Euro-sceptic groups (PIE and ESN) to launch a campaign aimed at the systematic dismantling of the Court’s role and powers – as established and developed since the ECSC Treaty – by invoking the national sovereignties and constitutional identities of the Member States.
According to the AFCO’s provisional timetable and following a hearing of experts on 15 July 2026 – including the former British Advocate General at the Court of Justice, Eleanor Sharpston, who is in a clear conflict of interest because of her appeal against the Court – the parliamentary committee is expected to adopt the resolution in November, with a view to bringing it before the plenary in December 2026.
Rather than opposing Charlie Weimers’ proposal through individual amendments that would result in confusing compromises, we launch an urgent appeal for the formation of an alliance of groups or MEPs within AFCO in support of the Court of Justice and, more generally, of the integrity of the judicial system and the European legal order, in order to swiftly draw up – on the basis of Rule 188 of the European Parliament’s Rules of Procedure – a ‘draft replacement resolution’ in coordination with a similar alliance in the Committee on Legal Affairs, which is tasked with drafting an opinion on the AFCO draft resolution, with the aim of replacing the draft resolution tabled by Charlie Weimers in its entirety, thereby preventing it from being put to the vote.
Let us defend the values embodied by Comenius, Erasmus, Montesquieu, More, Rocca and Themis to safeguard the role and powers of the Court of Justice of the European Union.
Rome, 13 July 2026
Pier Virgilio Dastoli
MOVIMENTO EUROPEO
CONSIGLIO ITALIANO
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IL PRESIDENTE