TITLE 2: ORGANISATION OF THE COURT OF JUSTICE

Article 9 When, every three years, the Judges are partially replaced, thirteen and twelve Judges shall be replaced alternately. When, every three years, the Advocates-General are partially replaced, four Advocates-General shall be replaced on each occasion. Article 10 The Registrar shall take an oath before the Court of Justice to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court of Justice. Article 11 The Court of Justice shall arrange for replacement of the Registrar on occasions when he is prevented from attending the Court of Justice. Article 12 Officials and other servants shall be attached to the Court of Justice to enable it to function. They shall be responsible to the Registrar under the authority of the President. Article 13 A European law may provide for the appointment of Assistant Rapporteurs and lay down the rules governing their service. It shall be adopted at the request of the Court of Justice. The Assistant Rapporteurs may be required, under conditions laid down in the Rules of Procedure, to participate in preparatory inquiries in cases pending before the Court of Justice and to cooperate with the Judge who acts as Rapporteur. The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt and who possess the necessary legal qualifications; they shall be appointed by a European decision of the Council, acting by a simple majority. They shall take an oath before the Court of Justice to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court of Justice. Article 14 The Judges, the Advocates-General and the Registrar shall be required to reside at the place where the Court of Justice has its seat. Article 15 The Court of Justice shall remain permanently in session. The duration of the judicial vacations shall be determined by the Court of Justice with due regard to the needs of its business.954393_TRAITE_EN_201_250 12-01-2005 14:59 Pagina 220 220 Part IV Article 16 The Court of Justice shall form chambers consisting of three and five Judges. The Judges shall elect the Presidents of the chambers from among their number. The Presidents of the chambers of five Judges shall be elected for three years. They may be re-elected once. The Grand Chamber shall consist of thirteen Judges. It shall be presided over by the President of the Court of Justice. The Presidents of the chambers of five Judges and other Judges appointed in accordance with the conditions laid down in the Rules of Procedure shall also form part of the Grand Chamber. The Court of Justice shall sit in a Grand Chamber when a Member State or an institution of the Union that is party to the proceedings so requests. The Court of Justice shall sit as a full Court where cases are brought before it pursuant to Article III-335(2), the second paragraph of Article 3-347, Article 3-349 or Article 3-385(6) of the Constitution. Moreover, where it considers that a case before it is of exceptional importance, the Court of Justice may decide, after hearing the Advocate-General, to refer the case to the full Court. Article 17 Decisions of the Court of Justice shall be valid only when an uneven number of its members is sitting in the deliberations. Decisions of the chambers consisting of either three or five Judges shall be valid only if they are taken by three Judges. Decisions of the Grand Chamber shall be valid only if nine Judges are sitting. Decisions of the full Court shall be valid only if fifteen Judges are sitting. In the event of one of the Judges of a chamber being prevented from attending, a Judge of another chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure. Article 18 No Judge or Advocate-General may take part in the disposal of any case in which he has previously taken part as agent or adviser or has acted for one of the parties, or in which he has been called upon to pronounce as a member of a court or tribunal, of a commission of inquiry or in any other capacity. If, for some special reason, any Judge or Advocate-General considers that he should not take part in the judgment or examination of a particular case, he shall so inform the President. If, for some special reason, the President considers that any Judge or Advocate-General should not sit or make submissions in a particular case, he shall notify him accordingly. Any difficulty arising as to the application of this Article shall be settled by decision of the Court of Justice.954393_TRAITE_EN_201_250 12-01-2005 14:59 Pagina 221 Treaty establishing a Constitution for Europe 221 A party may not apply for a change in the composition of the Court of Justice or of one of its chambers on the grounds of either the nationality of a Judge or the absence from the Court or from the chamber of a Judge of the nationality of that party.