Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AFCO | GONZÁLEZ PONS Esteban ( PPE) | SILVA PEREIRA Pedro ( S&D), UJAZDOWSKI Kazimierz Michał ( ECR), PAGAZAURTUNDÚA Maite ( ALDE), CASTALDO Fabio Massimo ( EFDD) |
Lead committee dossier:
Legal Basis:
RoP 148
Legal Basis:
RoP 148Subjects
Events
PURPOSE: to amend point 4 of the Framework Agreement on relations between the European Parliament and the European Commission.
NON-LEGISLATIVE ACT: Agreement between the European Parliament and the European Commission amending point 4 of the Framework Agreement on relations between the European Parliament and the European Commission.
CONTENT: Point 4 of Part II (Political Responsibility) of the Agreement is revised to clarify the following:
The participation of Members of the Commission in electoral campaigns is governed by the Code of Conduct for the Members of the European Commission.
Members of the Commission may participate in electoral campaigns in elections to the Parliament, including as candidates. They may also be chosen by European political parties as lead candidate (‘ Spitzenkandidat’ ) for the position of President of the Commission.
The President of the Commission shall inform Parliament in due time whether one or more Members of the Commission will stand as candidates in electoral campaigns for elections to the Parliament, as well as of the measures taken to ensure the respect of the principles of independence, integrity and discretion provided for by Article 245 TFEU and the Code of Conduct for the Members of the European Commission.
Any Member of the Commission standing as candidate or participating in an electoral campaign for elections to the Parliament will undertake:
to refrain from adopting a position, in the course of the campaign, that would not be in line with his/her duty of confidentiality, or that would infringe the principle of collegiality; to not use the Commission's human or material resources for activities linked to the electoral campaign.
The European Parliament adopted by 457 votes to 200, with 20 abstentions, a decision on the revision of the Framework Agreement on relations between the European Parliament and the European Commission.
Members recalled that the President of the Commission shall be elected by the European Parliament on the proposal of the European Council taking into account the outcome of the European elections and after holding appropriate consultations. As was the case in 2014, European political parties shall present the lead candidates ( Spitzenkandidaten ) in order to give European citizens the choice whom to elect as President of the Commission in the European elections.
Parliament emphasised that ‘Spitzenkandidaten’ process is a further step in strengthening the Union’s parliamentary dimension is a principle that cannot be overturned. Members warned that the European Parliament will be ready to reject any candidate in the investiture procedure of the President of the Commission who was not appointed as a ‘Spitzenkandidat’ in the run-up to the European elections.
By connecting their respective elections more directly to the choice of the voters, Members considered that in 2014 the ‘Spitzenkandidaten’ process proved to be a success, and stressed that the 2019 European elections will be the occasion to cement the use of that practice .
Parliament looked forward to the completion of the revision of the Code of Conduct for Members of the European Commission, which aims to clarify the obligations applicable to Members of the Commission in and out of office. It stressed the importance of providing in the code of conduct high standards of transparency, impartiality and safeguards in order to avoid any potential conflict of interest of the campaigning Members of the Commission
In the light of these considerations, Parliament approved the amendments to the Framework Agreement on relations between the European Parliament and the European Commission . These amendments aim to clarify the following issues:
Members of the Commission may participate in electoral campaigns as candidates in elections to the Parliament. They may also be chosen by European political parties as lead candidates for the position of President of the Commission (“Spitzenkandidat”); the President of the Commission shall inform Parliament in due time whether one or several Members of the Commission will stand as candidate in electoral campaigns for elections to the Parliament, as well as of the measures taken to ensure the respect of the principles of independence, integrity and discretion provided for by Article 245 TFEU and the Code of Conduct for Commissioners.
In addition, any Member of the Commission who stands as candidate or participates in electoral campaigns for elections to the Parliament undertakes that:
he/she will refrain from adopting a position, in the course of the electoral campaign, that would not be in line with his/her duty of confidentiality or would infringe the principle of collegiality; he/she may not use the human or material resources of the Commission for activities linked to the electoral campaign.
The Committee on Constitutional Affairs adopted the report by Esteban GONZÁLEZ PONS (EPP, ES) on the revision of the Framework Agreement on relations between the European Parliament and the European Commission.
The committee recalled that the President of the Commission shall be elected by the European Parliament on the proposal of the European Council taking into account the outcome of the European elections and after holding appropriate consultations. As was the case in 2014, European political parties shall present the lead candidates ( Spitzenkandidaten ) in order to give European citizens the choice whom to elect as President of the Commission in the European elections.
Members stressed that, by not adhering to the ‘Spitzenkandidaten’ process, the European Council would also risk submitting a candidate for President of the Commission for Parliament’s approval who will not have a sufficient parliamentary majority. In this case, Parliament would be ready to reject any candidate in the investiture procedure of the President of the Commission who was not appointed as a ‘Spitzenkandidat’ in the run-up to the European elections.
The report highlighted that in 2014 the ‘Spitzenkandidaten’ process proved to be a success. It enhanced the transparency and political legitimacy of both Parliament and the Commission by connecting their respective elections more directly to the choice of the voters.
Members looked forward to the completion of the revision of the Code of Conduct for Members of the European Commission , which aims to clarify the obligations applicable to Members of the Commission in and out of office. They stressed the importance of providing in the code of conduct high standards of transparency, impartiality and safeguards in order to avoid any potential conflict of interest of the campaigning Members of the Commission.
In the light of these considerations, Members recommended that Parliament approve the amendments to the Framework Agreement on relations between the European Parliament and the European Commission. These amendments aim to clarify the following issues:
Members of the Commission may participate in electoral campaigns as candidates in elections to the Parliament. They may also be chosen by European political parties as lead candidates for the position of President of the Commission (“Spitzenkandidat”); the President of the Commission shall inform Parliament in due time whether one or several Members of the Commission will stand as candidate in electoral campaigns for elections to the Parliament, as well as of the measures taken to ensure the respect of the principles of independence, integrity and discretion provided for by Article 245 TFEU and the Code of Conduct for Commissioners.
In addition, any Member of the Commission who stands as candidate or participates in electoral campaigns for elections to the Parliament undertakes that:
he/she will refrain from adopting a position, in the course of the electoral campaign, that would not be in line with his/her duty of confidentiality or would infringe the principle of collegiality; he/she may not use the human or material resources of the Commission for activities linked to the electoral campaign.
PURPOSE: to present a draft agreement on the revision of the framework agreement on relations between the European Parliament and the European Commission.
CONTENT: the proposed revision of point 4 of part II of the agreement (political responsibility) is as follows:
Members of the Commission may participate in electoral campaigns as candidates in elections to the Parliament. They may also be chosen by European political parties as lead candidate for the position of President of the Commission.
The President of the Commission shall inform Parliament in due time whether one or several Members of the Commission will stand as candidate in electoral campaigns for elections to the Parliament, as well as of the measures taken to ensure the respect of the principles of independence, integrity and discretion provided by Article 245 TFEU and the Code of Conduct for Commissioners.
Any Member of the Commission who stands as candidate or participates in electoral campaigns for elections to the Parliament undertakes that he/she will refrain from adopting a position, in the course of the electoral campaign, that would not be in line with his/her duty of confidentiality or would infringe the principle of collegiality.
Any Member of the Commission who stands as candidate or participates in electoral campaigns for elections to the Parliament may not use the human or material resources of the Commission for activities linked to the electoral campaign.
PURPOSE: to present a draft agreement on the revision of the framework agreement on relations between the European Parliament and the European Commission.
CONTENT: the proposed revision of point 4 of part II of the agreement (political responsibility) is as follows:
Members of the Commission may participate in electoral campaigns as candidates in elections to the Parliament. They may also be chosen by European political parties as lead candidate for the position of President of the Commission.
The President of the Commission shall inform Parliament in due time whether one or several Members of the Commission will stand as candidate in electoral campaigns for elections to the Parliament, as well as of the measures taken to ensure the respect of the principles of independence, integrity and discretion provided by Article 245 TFEU and the Code of Conduct for Commissioners.
Any Member of the Commission who stands as candidate or participates in electoral campaigns for elections to the Parliament undertakes that he/she will refrain from adopting a position, in the course of the electoral campaign, that would not be in line with his/her duty of confidentiality or would infringe the principle of collegiality.
Any Member of the Commission who stands as candidate or participates in electoral campaigns for elections to the Parliament may not use the human or material resources of the Commission for activities linked to the electoral campaign.
Documents
- Final act published in Official Journal: Interinstitutional agreement 2018/217
- Final act published in Official Journal: OJ L 045 17.02.2018, p. 0046
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T8-0030/2018
- Committee report tabled for plenary: A8-0006/2018
- Amendments tabled in committee: PE616.567
- Committee draft report: PE615.323
- Non-legislative basic document: N8-0065/2017
- Non-legislative basic document published: N8-0065/2017
- Non-legislative basic document: N8-0065/2017
- Committee draft report: PE615.323
- Amendments tabled in committee: PE616.567
Activities
- Notis MARIAS
Plenary Speeches (2)
- Jonathan ARNOTT
- Enrique GUERRERO SALOM
Plenary Speeches (1)
- Jérôme LAVRILLEUX
Plenary Speeches (1)
- Florent MARCELLESI
Plenary Speeches (1)
- Paul RÜBIG
Plenary Speeches (1)
- Jasenko SELIMOVIC
- Barbara SPINELLI
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Kazimierz Michał UJAZDOWSKI
Plenary Speeches (1)
Votes
A8-0006/2018 - Esteban González Pons - Am 18 07/02/2018 12:43:07.000 #
A8-0006/2018 - Esteban González Pons - Am 3 07/02/2018 12:43:31.000 #
A8-0006/2018 - Esteban González Pons - Am 4S 07/02/2018 12:43:47.000 #
A8-0006/2018 - Esteban González Pons - Am 5 07/02/2018 12:44:04.000 #
A8-0006/2018 - Esteban González Pons - § 6 07/02/2018 12:44:32.000 #
A8-0006/2018 - Esteban González Pons - Am 7 07/02/2018 12:44:50.000 #
A8-0006/2018 - Esteban González Pons - Am 11 07/02/2018 12:45:34.000 #
A8-0006/2018 - Esteban González Pons - § 11/1 07/02/2018 12:45:52.000 #
A8-0006/2018 - Esteban González Pons - § 11/2 07/02/2018 12:46:07.000 #
A8-0006/2018 - Esteban González Pons - Am 12 07/02/2018 12:46:24.000 #
A8-0006/2018 - Esteban González Pons - Am 13 07/02/2018 12:47:05.000 #
A8-0006/2018 - Esteban González Pons - Am 1 07/02/2018 12:47:22.000 #
A8-0006/2018 - Esteban González Pons - Am 17 07/02/2018 12:47:58.000 #
A8-0006/2018 - Esteban González Pons - Résolution 07/02/2018 12:48:41.000 #
Amendments | Dossier |
61 |
2017/2233(ACI)
2018/01/10
AFCO
61 amendments...
Amendment 1 #
Motion for a resolution Citation 2 — having regard to the exchange of letters between its President and the President of the Commission,
Amendment 10 #
Motion for a resolution Recital A a (new) A a. whereas Article 10(3) TEU gives every citizen the right to participate in the democratic life of the Union;
Amendment 11 #
Motion for a resolution Recital A b (new) A b. whereas Article 17(3) TEU states that in carrying out its responsibilities, the Commission shall be completely independent, that the members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt and that they shall neither seek nor take instruction from any Government or other institution, body, office or entity;
Amendment 12 #
Motion for a resolution Recital C Amendment 13 #
Motion for a resolution Recital C C. whereas the draft amendments enable Members of the Commission to stand in European Parliament elections without having to resign or to take unpaid leave as any civil servant or agent working in the European institutions would be required to do; and whereas allowing Commissioners who are still in office to stand as candidates to the Parliament will lead to dangerous confusion and be bewildering for citizens;
Amendment 14 #
Motion for a resolution Recital C C. whereas the draft amendments enable Members of the Commission to stand in European Parliament elections without having to resign; and whereas this creates a situation of conflict of interest and is clearly against the principle of independence of the Commission and the separation of powers between the two institutions;
Amendment 15 #
Motion for a resolution Recital C a (new) C a. whereas the study commissioned by the EP in 2009 entitled “The Code of Conduct for Commissioners – improving effectiveness and efficiency”, and then later updated in 2014, has questioned the compatibility of Commissioners engaging in electoral campaigns with the Treaty requirement to act with independence;
Amendment 16 #
Motion for a resolution Recital C a (new) C a. whereas it is common practice in the Member States for members of the government to run in national parliamentary elections without having to resign;
Amendment 17 #
Motion for a resolution Recital D D. whereas the draft amendments also allow Members of the Commission to be designated by European political parties or groups or coalitions also aggregating movements that are not affiliated to any European political party, that conform to pre-established criteria (such as the collection of a minimum number of signatures from across and within a minimum number of Member States) as lead candidates (‘Spitzenkandidaten’) for the position of President of the Commission;
Amendment 18 #
Motion for a resolution Recital E Amendment 19 #
Motion for a resolution Recital E Amendment 2 #
Motion for a resolution Citation 4 — having regard to Article
Amendment 20 #
Motion for a resolution Recital F F. whereas, according to Article 10(4) TEU, political parties at European level contribute to forming European political awareness
Amendment 21 #
Motion for a resolution Recital F F. whereas, according to Article 10(4) TEU, political parties at European level contribute to forming European political awareness and to expressing the will of the citizens of the Union, even if they are critical of the institutions of the EU and their functioning, since it can not be the intention to limit opinions or beliefs to those of proponents of the Union and its current functioning;
Amendment 22 #
Motion for a resolution Recital F F. whereas, according to Article 10(4) TEU, political parties at European level contribute to forming European political awareness; and
Amendment 23 #
Motion for a resolution Recital G Amendment 24 #
Motion for a resolution Recital G G. whereas the draft amendments also provide for the necessary safeguards to protect transparency, impartiality, confidentiality and collegiality, both of which continue to apply to campaigning Commissioners;
Amendment 25 #
Motion for a resolution Recital G G. whereas the draft amendments also provide for the necessary safeguards to protect confidentiality and collegiality
Amendment 26 #
Motion for a resolution Recital H H. whereas the draft amendments oblige the President of the Commission to inform Parliament of the measures taken to ensure the respect of the principles of independence, integrity and discretion enshrined in Article 245 TFEU and the Code of Conduct for the Members of the European Commission when Commissioners stand as candidates in electoral campaigns for elections to the Parliament; whereas, however, this information should always be accompanied by the decision granting the unpaid electoral leave to the Commissioner standing as a candidate in the European Parliament elections;
Amendment 27 #
Motion for a resolution Recital H H. whereas the draft amendments oblige the President of the Commission to inform Parliament of the measures taken to ensure the respect of the principles of independence, integrity and discretion enshrined in Article 245 TFEU and the Code of Conduct for the Members of the European Commission when Commissioners communicate the decision to stand as candidates in electoral campaigns for elections to the Parliament;
Amendment 28 #
Motion for a resolution Recital I I. whereas the draft amendments should clearly stipulate that Members of the Commission are not to use the human or material resources of the Commission for activities linked to an electoral campaign;
Amendment 29 #
Motion for a resolution Paragraph 1 1. Recalls that the Commission President will be elected by the European Parliament on a proposal by the European Council, taking into account the elections to the European Parliament and after appropriate consultations have been held, and that therefore, as was the case in 2014, European political parties or groups or coalitions also aggregating movements not affiliated to any European political party, that conform to pre-established criteria (such as the collection of a minimum number of signatures from across and within a minimum number of Member States) shall come up with lead candidates (‘Spitzenkandidaten’) in order to give the European citizens the choice whom to elect as Commission President in the European Parliament elections;
Amendment 3 #
Motion for a resolution Citation 4 a (new) - having regard to Article 41 of the Charter of Fundamental Rights of the European Union,
Amendment 30 #
Motion for a resolution Paragraph 1 1. Recalls that the Commission President will be elected by the European Parliament on a proposal by the European Council, taking into account the outcome of the elections to the European Parliament and after appropriate consultations have been held, and that therefore, as was the case in 2014, European political parties shall come up with lead candidates (‘Spitzenkandidaten’), preferably of a transnational list in order to give the European citizens the choice whom to elect as Commission President in the European Parliament elections;
Amendment 31 #
Motion for a resolution Paragraph 1 1. Recalls that the Commission President will be elected by the European Parliament on a proposal by the European Council, taking into account the elections to the European Parliament and after appropriate consultations have been held, and that therefore, as was the case in 2014, European political parties
Amendment 32 #
Motion for a resolution Paragraph 1 1. Recalls that the Commission President will be elected by the European Parliament on a proposal by the European Council, taking into account the elections to the European Parliament and after appropriate consultations have been held, and that therefore, as was the case in 2014, European political parties
Amendment 33 #
Motion for a resolution Paragraph 2 2.
Amendment 34 #
Motion for a resolution Paragraph 2 2. Stresses that the Spitzenkandidaten process is a further step in strengthening the EU’s parliamentary dimension, and therefore warns that the European Parliament will reject any candidate in the investiture procedure of the Commission President who was not appointed as a Spitzenkandidat in the run-up to the elections of the European Parliament and will avoid submitting a candidate who does not have a sufficient parliamentary majority;
Amendment 35 #
Motion for a resolution Paragraph 2 2. Stresses that the Spitzenkandidaten process is a further step in strengthening the EU’s parliamentary dimension
Amendment 36 #
Motion for a resolution Paragraph 2 2. Stresses that the Spitzenkandidaten process
Amendment 37 #
Motion for a resolution Paragraph 2 2. Stresses that the Spitzenkandidaten process is a further step in strengthening the EU’s parliamentary dimension, and therefore warns that the European Parliament
Amendment 38 #
Motion for a resolution Paragraph 2 2. Stresses that the Spitzenkandidaten process is a further step in strengthening the EU’s parliamentary dimension, and that, therefore
Amendment 39 #
Motion for a resolution Paragraph 2 a (new) 2 a. Considers that the 'Spitzenkandidaten' system is also a contribution to tranparency, since candidates for Commission President are made known prior to the the European elections, rather than after them as before.
Amendment 4 #
Motion for a resolution Citation 7 a (new) - having regard to its resolution of 1 December 2016 on Commissioners’ declarations of interests – guidelines,
Amendment 40 #
Motion for a resolution Paragraph 3 3. Underlines that the Spitzenkandidaten process fosters the political awareness of European citizens in the run-up to the elections of the European Parliament and could reinforce
Amendment 41 #
Motion for a resolution Paragraph 3 3. Underlines that the Spitzenkandidaten process
Amendment 42 #
Motion for a resolution Paragraph 3 3. Underlines that the Spitzenkandidaten process fosters the political awareness of European citizens in the run-up to the elections of the European Parliament and reinforces the political legitimacy of both Parliament and the Commission by connecting their respective elections more directly to the choice of the voters; acknowledges therefore the important added value of the Spitzenkandidat principle in the goal of a stronger politicisation of the European Comission;
Amendment 43 #
Motion for a resolution Paragraph 3 3. Underlines that the Spitzenkandidaten process fosters the political awareness of European citizens in the run-up to the elections of the European Parliament and reinforces the political legitimacy of both Parliament and the Commission by connecting their respective elections a little bit more directly to the choice of the voters; points out that the system of the Spitzenkandidaten is a possibility that - as in 2014 - could take the form of an agreement to limit voters' options to candidates appointed by parliamentary groups; points out however that introducing such a system gives rise to the unjustified suggestion that the system of the Spitzenkandidaten is a 'so- called' democratic election of the President of the Commission, while, in fact, it continues to be an indirect imitation of a direct election by the population as a whole, which operates within the strict framework of the existing structures of the political groups and/or parties currently existing in the outgoing Parliament;
Amendment 44 #
Motion for a resolution Paragraph 3 a (new) 3 a. Is of the opinion that the political legitimacy of the Commission would be strengthened further, if more elected Members of the European Parliament were nominated as Members of the Commission;
Amendment 45 #
Motion for a resolution Paragraph 4 4. Recalls that all major European political parties embraced the Spitzenkandidaten process in the run-up to the 2014 European elections, which is itself a sign of its success, and stresses that the 2019 European elections will be the occasion to cement the use of that process, given that not only European political parties but also European political groups or coalitions also aggregating movements not affiliated to any European political party, that conform to pre-established criteria (such as the collection of a minimum number of signatures from across and within a minimum number of Member States) can indicate Spitzenkandidaten;
Amendment 46 #
Motion for a resolution Paragraph 4 4. Recalls that
Amendment 47 #
Motion for a resolution Paragraph 4 4. Recalls that all major European political parties embraced the Spitzenkandidaten process
Amendment 48 #
Motion for a resolution Paragraph 4 4. Recalls that
Amendment 49 #
Motion for a resolution Paragraph 4 4. Recalls that all major European political parties embraced the Spitzenkandidaten process in the run-up to the 2014 European elections,
Amendment 5 #
Motion for a resolution Citation 8 a (new) - having regard to its resolution of 14 September 2017 on transparency, accountability and integrity in the EU institutions,
Amendment 50 #
Motion for a resolution Paragraph 4 a (new) 4 a. Encourages the European political parties to nominate their lead candidates through an open, transparent and democratic competition, which involves the individual members as much as possible;
Amendment 51 #
Motion for a resolution Paragraph 4 a (new) 4 a. Stresses that the 2019 European elections will be once again the occasion to observe this practice while reinforcing the interinstitutional balance pursuant to the Treaties;
Amendment 52 #
Motion for a resolution Paragraph 4 a (new) 4 a. Reaffirms that the introduction of transnational lists led by the Spitzenkandidaten could represent a powerful tool to strengthen the European democracy;
Amendment 53 #
Motion for a resolution Paragraph 5 Amendment 54 #
Motion for a resolution Paragraph 5 5. Considers that the draft amendments
Amendment 55 #
Motion for a resolution Paragraph 5 a (new) 5 a. Considers that the requirement for unpaid electoral leave in the event of a Commissioner’s participation, as candidate, in the European Parliament elections is a proportionate measure to guarantee equity and balance between candidates and to assure the independence of and public trust in the Commission as a whole;
Amendment 56 #
Motion for a resolution Paragraph 6 6. Looks forward to the completion of the revision of the Code of Conduct for the Members of the European Commission, which aims to clarify the obligations applicable to Commissioners in and out of office; in this regard, asks the Commission to align its draft decision of 12 September 2017 on a Code of Conduct for the Members of the European Commission to the views already expressed by the European Parliament and its relevant committees in terms of, inter alia, post-office cooling off period, transparency, appointment of the Independent Ethical Committee, participation in European electoral campaigns;
Amendment 57 #
Motion for a resolution Paragraph 6 a (new) 6 a. Considers important to provide the Code of Conduct with strong standards of transparency, impartiality and safeguards in order to avoid any possible conflict of interest of the campaigning Commissioners;
Amendment 58 #
Motion for a resolution Paragraph 6 b (new) 6 b. Recalls in particular its request of a three year cooling-off period applicable to Commissioners out of the office;
Amendment 59 #
Motion for a resolution Paragraph 7 7.
Amendment 6 #
Motion for a resolution Citation 9 Amendment 60 #
Motion for a resolution Paragraph 7 7.
Amendment 61 #
Motion for a resolution Paragraph 8 Amendment 7 #
Motion for a resolution Citation 9 a (new) - having regard to the update of the study by Parliament’s Directorate- General for Internal Policies entitled “The Code of Conduct for Commissioners – improving effectiveness and efficiency”,
Amendment 8 #
Motion for a resolution Recital A A. whereas Article 10(1) TEU states that the functioning of the Union is founded on representative democracy, and whereas the Commission as the European Union’s executive plays such a decisive role in the functioning of the Union in total independence vis-à-vis its constituent peoples, so that the German constitutional Court warned against "a structural democratic deficit that would be unacceptable" (Lisbon case, 30 June 2009) ;
Amendment 9 #
Motion for a resolution Recital A a (new) A a. whereas Article 10(3) and Article 11 TEU confer to the European citizens the right to participate in the democratic life of the Union;
source: 616.567
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