Presentation on theme: "Role of National Parliaments presented by European Parliament DG Internal Policies Directorate for Relations with National Parliaments."— Presentation transcript:
Role of National Parliaments presented by European Parliament DG Internal Policies Directorate for Relations with National Parliaments
Legal Framework Role of national Parliaments: Protocol # 1 to the Constitution on the role of national Parliaments in the European Union. Principle of subsidiarity: Article I-11,3 of the Constitution, Protocol # 2 to the Constitution on the application of the principles of subsidiarity and proportionality.
Subsidiarity (Art. I-11,3) (…) in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. (…) National Parliaments shall ensure compliance with that principle (…).
Each institution shall ensure constant respect for subsidiarity, Before proposing legislature the Commission shall consult widely, The Commission, European Parliament & Council shall forward draft legislature to national Parliaments, Any national Parliament may send a reasoned opinion stating why it considers that the draft does not comply with the principle of subsidiarity, Where opinions represent at least one third of national Parliaments, the draft must be reviewed, The Court of Justice shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity. Subsidiarity (Protocol)
Ordinary Legislative Procedure Proposal Commission Qualified Majority Council Majority Compliance with the procedure for checking on the principle of subsidiarity European Parliament Co-decision
National Parliaments Commission Legislative proposals (Early warning mechanism) Green & White papers, Communications, Legislative planning or policy strategy instruments. European Parliament Promotion of inter-parliamentary co-operation Council Agendas, Outcome meetings National parliaments in the decision-making process Annual reports Court of Auditors
Protocol on the application of the principles of subsidiarity and proportionality Early warning mechanism: ex-ante check on application of the principle of subsidiarity Bringing a legal action: ex-post check on application of the principle of subsidiarity
Draft European Acts... Proposals from the Commission, Initiatives from a group of Member States & from the European Parliament, Requests from the Court of Justice & from the European Investment Bank, Recommendations from the European Central Bank. …in the meaning of the protocol are propositions of European legislative acts in form of:
Justification of subsidiarity Assessments of financial impact, Implications for the rules to be put in place by Member States, including the regional legislation, The reasons shall be substantiated by qualitative and quantitative indicators, take account of the need for any burden, whether financial or administrative to be minimised and commensurate with the objective to be achieved. Every draft legislature must have detailed statement on subsidiarity & proportionality containing:
Commission National Parliaments Legislative proposal justified with regard to the principle of subsidiarity Re-examination of the proposal (maintenance, amendment or withdrawal) 1/3 of national Parliaments, 1/4 of national Parliaments if concerns the area of freedom, security and justice. Reasoned opinion to the Presidents of the Council, the EP & the Commission 6 weeks Early warning mechanism
National Parliaments Bringing a legal action Committee of the Regions Court of Justice Breach of the subsidiarity principle, action brought by Member State on behalf of national Parliament Legislative acts on which the Committee has been consulted
European Parliament National Parliaments Interparliamentary Cooperation COSAC Promotion of exchange of information and best practice Any contribution for attention of the EP, the Council & the Commission Organise conferences, which do not bind national Parliaments
This presentation was prepared by DG Internal Policies, Directorate for Relations with National Parliaments of the European Parliament The presentation is an information tool and in no way commits EU Institutions All rights reserved Contact: