A guide to the UPC and the UP - Flipbook - Page 74
President fails to complete a full term (presumably through death, resignation or removal),
a successor is elected for the remainder of that term. 55
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The President of the Court of First Instance directs the judicial activities and administration of
the Court of First Instance. 56 The President, or a judge to whom the task has been delegated,
designates the judges assigned to each panel and assigns the standing judge for urgent
actions. 57 The first President of the Court of First Instance is a French national: in order to
facilitate the speedy setting up of the Court, the rules state that a national of the Member State
hosting the seat of the central division (France) should fill this role. 58 The President is elected by
all the full-time judges of the Court of First Instance for a term of three years with a maximum
of three terms. 59
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The Presidium consists of both Presidents, two Court of Appeal judges elected from among
their number, three full-time Court of First Instance judges elected from among their number
and the Registrar as a non-voting member. 60 The purpose of the Presidium is to manage the
activities of the Court, 61 including preparation of the annual budget, the annual accounts and
the annual report, 62 drawing up proposals for amendment of the RoP, 63 laying down rules
governing the Registry and establishing and supervising the training programme for the judges.
The Presidium also has the final responsibility when settling questions as to the impartiality of
judges. 64 It can waive the immunity from legal proceedings granted to the judges 65 and can
remove judges, the Registrar and Deputy-Registrar from office. 66
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Decisions of the Presidium require the presence of all members or their authorised
representative and are taken by a majority of the votes. 67 The Registrar may not participate
in decisions relating to the impartiality, immunity and removal of judges, or the appointment or
removal of the Registrar. 68 The Presidium must exercise its duties in accordance with the UPCA
Statute but can delegate certain tasks to individual members. 69
Eligibility and Duties of Judges
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The UPCA and the UPCA Statute provide the conditions for eligibility of the judges, the
procedure for their recruitment, including the shortlisting of candidates by the Advisory
Committee, and the appointment by the Administrative Committee. 70 Judges are appointed for
a term of six years and may be re-appointed. 71 Their remuneration is set by the Administrative
Committee. 72 Full-time judges may not engage in any other occupation, but this does not
art.13(4) UPCA Statute.
art.14(3) UPCA Statute.
r.345(1) RoP.
art.14(2) UPCA Statute.
The rules on voting are the same as for the President of the Court of Appeal (art.14(4) referring to arts 13(2) and (4) UPCA
Statute). See paragraph 5-22.
art.15(1) UPCA Statute.
art.15(3) UPCA Statute. As at 1 June 2023, in addition to Mr Klaus Grabinski (DE), as President of the Court of Appeal, and Ms
Florence Butin (FR), as President of the Court of First Instance, the Presidium is completed by two judges from the Court of
Appeal: Ms Rian Kalden (NL) and Ms Ingeborg Simonsson (SE) and three judges from the Court of First Instance: Ms Camille
Lignieres (FR), Mr Ronny Thomas (DE) and Mr Peter Tochtermann (DE).
arts 26(1) and 32(3) UPCA Statute.
art.41(2) UPCA.
art.7 UPCA Statute.
art.8(2) UPCA Statute and r.346 RoP.
arts 10 and 15 UPCA Statute.
art.15(5) UPCA Statute.
art.15(4) UPCA Statute.
art.15(2) UPCA Statute.
ch.III UPCA and ch.I UPCA Statute.
art.4 UPCA Statute.
art.12 UPCA Statute.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 64
