Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | AFCO | ONESTA Gérard ( Verts/ALE) |
Lead committee dossier:
Legal Basis:
RoP 237-p1
Legal Basis:
RoP 237-p1Events
The European Parliament adopted a resolution drafted by Gérard ONESTA (Greens/EFA, FR) with 399 votes in favour, 90 against and 35 abstentions. The resolution makes a number of changes to Parliament's Rules of Procedure, aimed at updating the provisions on MEPs' conduct during debates. (Please refer to the summary of 15/12/2005.) It notably adapts and clarifies the powers granted to Parliament's President to penalise Members who disturb parliamentary sittings.
The rules state that Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the basic texts on which the European Union is founded, respect the dignity of Parliament and not compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises. The President will call to order any Member who disrupts the smooth conduct of the proceedings.
The amendments to the provisions on "Order in the Chamber" give slightly stronger powers to the President, in that they enable him to deny an offending Member the right to speak and also enable him to exclude that person from the Chamber immediately, without a second call to order, "in cases of exceptional seriousness".
Under the new rules, MEPs face a range of penalties in “exceptionally serious cases of disorder or disruption” of the Parliament's proceedings. These include:
-a reprimand;
-forfeiture of entitlement to the daily subsistence allowance for a period of between 2 and 10;
-without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conducts, temporary suspension, for a period of between 2 and 10 consecutive days on which Parliament or any of its bodies, committees or delegations meet, from participation in all or some of the activities of Parliament;
- submission to the Conference of Presidents of a proposal for the Member's suspension or removal from one or more of the elected offices held by the Member in Parliament.
The rules also state that, when assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness, on the basis of the guidelines annexed to the Rules of Procedure.
There is a clear distinction between acceptable and unacceptable types of behaviour in the Parliament. A distinction should be drawn between visual actions, which may be tolerated, provided they are not offensive and/or defamatory, remain within reasonable bounds and do not lead to conflict, and those which actively disrupt any parliamentary activity whatsoever.
Finally, the new rules will provide a formal appeal procedure for the first time. Members will be able to appeal to the bureau against a decision within two weeks of being notified about the penalty. The bureau will then have four weeks to decide whether to repeal, amend or reduce the penalty. If there is no decision within four weeks, the penalties lapse.
The committee adopted the report by Gérard ONESTA (Greens/EFA, FR) on amending Parliament's Rules of Procedure with regard to standards for the conduct of MEPs. The aim was to adapt existing provisions to recent cases of disturbance and to set clear rules for imposing sanctions on an MEP.
Two new rules set out the basic principles which should underpin these provisions: ensuring that Members' conduct was "characterised by mutual respect", that it respected the "dignity of Parliament" and did not "compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises", while at the same time ensuring that the application of this rule did not "detract from the liveliness of parliamentary debates nor undermine Members' freedom of speech".
In a new Annex on guidelines for the interpretation of standards of conduct, a distinction was drawn between "visual actions" (which may be tolerated) and those which "actively disrupt any parliamentary activity whatsoever". It was also specified that "the President or his representatives" would exercise disciplinary powers over offending MEPs.
The report introduced a new chapter into the Rules of Procedure entitled "Measures to be taken in the event of non-compliance with the standards for the conduct of Members". In this way, it would be made clear that the measures covered are not restricted to the conduct of "sittings" but instead apply to all parliamentary business and all Parliament's premises. The rules applicable to the plenary would therefore apply to meetings of committees and delegations. Accordingly, the powers granted to the EP President would also be vested in the chairs of bodies, committees and delegations.
The amendments to the provisions on "Order in the Chamber" give slightly stronger powers to the President, in that they enable him to deny an offending Member the right to speak and also enable him to exclude that person from the Chamber immediately, without a second call to order, "in cases of exceptional seriousness".
The committee amended Rule 147 which was given a new title ("Penalties" instead of "Exclusion of Members") and now included a list of possible sanctions, including forfeiture of entitlement to the daily subsistence allowance for a period of between two and ten days and temporary suspension from parliamentary activities for a similar period (without prejudice, however, to the MEP's right to vote). The President could also submit to the Conference of Presidents a request for suspension or removal from one or more of the elected offices held by the Member in Parliament. Assessment of a Member's conduct with a view to deciding on appropriate penalties would take account of "its exceptional, recurrent or permanent nature and of its seriousness".
Finally, provision was made for a n internal appeal procedure , suspending the application of the penalty imposed by the President.
Documents
- Commission response to text adopted in plenary: SP(2006)0584
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0021/2006
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A6-0413/2005
- Committee report tabled for plenary: A6-0413/2005
- Amendments tabled in committee: PE365.104
- Amendments tabled in committee: PE364.769
- Amendments tabled in committee: PE362.799
- Amendments tabled in committee: PE362.799
- Amendments tabled in committee: PE364.769
- Amendments tabled in committee: PE365.104
- Committee report tabled for plenary, single reading: A6-0413/2005
- Commission response to text adopted in plenary: SP(2006)0584
Activities
- Josep BORRELL FONTELLES
Plenary Speeches (3)
- Gerard BATTEN
Plenary Speeches (1)
- Glyn FORD
Plenary Speeches (1)
- Ingo FRIEDRICH
Plenary Speeches (1)
- Ignasi GUARDANS CAMBÓ
Plenary Speeches (1)
- David MARTIN
Plenary Speeches (1)
- Erik MEIJER
Plenary Speeches (1)
- Íñigo MÉNDEZ DE VIGO
Plenary Speeches (1)
- Gérard ONESTA
Plenary Speeches (1)
History
(these mark the time of scraping, not the official date of the change)
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