Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AFCO | TRZASKOWSKI Rafał ( PPE) | FOX Ashley ( ECR), MESSERSCHMIDT Morten ( EFD) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
The European Parliament adopted a resolution on the unilateral statements entered in the minutes of Council meetings.
Parliament recalls that the Court of Justice has repeatedly confirmed that declarations are not legally binding. Stressing that the Council has the duty to inform Parliament fully of its position in the context of legislative procedures, Members consider that unilateral statements by Member States or the Council might adversely affect Parliament's legislative powers , are damaging to the quality of Union legislation and undermine the principle of legal certainty.
Parliament reaffirms that statements and declarations which are not incorporated into a legal text but which concern it, regardless of whether they are issued by one or more Member States, have no legal force and may undermine the coherence of Union law and its clear interpretation.
Members call for all statements to be notified to Parliament , and call on the Council to forward the minutes of the legislative part of its meetings to Parliament at the same time as to the national parliaments and Member State governments. They reserve the right to use any lawful means at its disposal should unilateral statements have been deliberately intended to produce legal effects.
Accordingly, the Council and Commission are asked to enter into negotiations with Parliament , on the basis of Article 295 TFEU, with a view to updating the Joint Declaration on practical arrangements for the codecision procedure (now ordinary legislative procedure) in order to take account of the entry into force of the Treaty of Lisbon and to clearly delimit the scope of unilateral statements.
The Committee on Constitutional Affairs adopted the own-initiative report by Rafał TRZASKOWSKI (EPP, PL) on unilateral statements entered in the minutes of Council meetings.
This report originates in a request by the Conference of Committee Chairs addressed to the Constitutional Affairs Committee in order to clarify the position of Parliament as regards the meaning and legal status of unilateral statements entered in the minutes of Council meetings.
Several committee chairs expressed their concerns about the proliferation of such statements, in particular in the framework of the codecision procedure where they could weaken the legal force and scope of the adopted acts, and so possibly affect Parliament's will as a co-legislator.
Members reaffirm that statements and declarations which are not incorporated into a legal text but which concern it, regardless of whether they are issued by one or more Member States, have no legal force and may undermine the coherence of Union law and its clear interpretation.
Members call for all statements to be notified to Parliament , and call on the Council to forward the minutes of the legislative part of its meetings to Parliament at the same time as to the national parliaments and Member State governments. They reserve the right to use any lawful means at its disposal should unilateral statements have been deliberately intended to produce legal effects.
Accordingly, the Council and Commission are asked to enter into negotiations with Parliament , on the basis of Article 295 TFEU, with a view to updating the Joint Declaration on practical arrangements for the codecision procedure (now ordinary legislative procedure) in order to take account of the entry into force of the Treaty of Lisbon and to clearly delimit the scope of unilateral statements.
Documents
- Commission response to text adopted in plenary: SP(2011)8719
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0411/2011
- Committee report tabled for plenary, single reading: A7-0269/2011
- Committee report tabled for plenary: A7-0269/2011
- Amendments tabled in committee: PE467.211
- Committee draft report: PE460.608
- Committee draft report: PE460.608
- Amendments tabled in committee: PE467.211
- Committee report tabled for plenary, single reading: A7-0269/2011
- Commission response to text adopted in plenary: SP(2011)8719
Amendments | Dossier |
7 |
2011/2090(INI)
2011/06/21
AFCO
7 amendments...
Amendment 1 #
Motion for a resolution Recital E E. whereas unilateral statements by Member States or the Council might adversely affect Parliament’s legislative powers, are damaging to the quality of Union legislation and undermine the principle of legal certainty,
Amendment 2 #
Motion for a resolution Recital E E. whereas unilateral statements by the Council might adversely affect Parliament’s legislative powers, are damaging to the quality of Union legislation, destroy the credibility and prestige of the EU, and undermine the very principle of legal certainty by detracting from the EU’s honour,
Amendment 3 #
Motion for a resolution Recital E E. whereas unilateral statements by the Council might adversely affect Parliament’s legislative powers, are damaging to the quality of Union legislation, destroy the credibility and prestige of the EU, and undermine the very principle of legal certainty,
Amendment 4 #
Motion for a resolution Paragraph 1 1. Reaffirms that statements and declarations which are not incorporated into a legal text but which concern it, regardless of whether they are issued by
Amendment 5 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on the negotiating partners to avoid using unilateral statements during the legislative procedure, especially in the second reading;
Amendment 6 #
Motion for a resolution Paragraph 1 a (new) 1a. Insists that unilateral declarations must not diminish or compromise the need for all States to observe systematically the discipline of publishing correlation tables, setting out the ways and means EU law is to be transposed into domestic law, in the interests of the efficient and transparent implementation of legislation across the whole of the Union;
Amendment 7 #
Motion for a resolution Paragraph 2 2. Calls for
source: PE-467.211
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