1. 4 April 2008

2. Assembleia da República | 4 Abril 2008 / mtp TREATY OF LISBON and National Parliaments 4 April 2008 Meeting of SG

3. Treaty of Lisbon and NP Assembleia da República | 4 Abril 2008 The Treaty of Lisbon makes 46 references to “National Parliaments” 17 in the corpus of the Treaty (TEU and TFEU) 29 in the protocols enclosed Official Journal of the European Union C 306, 17.12.2007

4. Treaty of Lisbon and NP «enhance their ability to express their views» (PRNP) «NP contribute actively to the good functioning of the Union» (Art 12.º TEU) «encourage greater involvement of NP in the activities of the EU» (PRNP) Assembleia da República | 4 Abril 2008

5. What’s new for our Parliaments? Treaty of Lisbon and NP Assembleia da República | 4 Abril 2008

6. Treaty of Lisbon and NP Article 12 TEU (new) National Parliaments contribute actively to the good functioning of the Union: (a) through being informed by the institutions of the Union and having draft legislative acts of the Union forwarded to them (art. 1 PRNP); (b) by seeing to it that the principle of subsidiarity is respected (art. 5 TEU, art. 69 TFEU, art. 352 TFEU and art. 3 PRNP); (c) by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area (art. 70, 71 and 81 TFEU), and through being involved in the political monitoring of Europol (art. 85 TFEU) and the evaluation of Eurojust's activities (art. 88 TFEU); (d) by taking part in the revision procedures of the Treaties (art. 48 TEU); (e) by being notified of applications for accession to the Union (art. 49 TEU); (f) by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament (Title II PRNP).

7. 1. Broader access to information forwarded directly by the Commission to NP at the same time as to the European Parliament and the Council forward directly by the Commission/EP/Council Information flow Government & EU Institutions NP

8. 1. Broader access to information ─Consultation documents (green and white papers and communications, upon publication (art. 1 PRNP)); ─Commission’s annual legislative programme as well as any other instrument of legislative planning or policy (art. 1 PRNP); ─Draft legislative acts (art. 2 PRNP): a)proposals from the Commission and its amended drafts (art. 4 PAPSP); b)initiatives from a group of Member States and its amended drafts (art. 4 PAPSP); c)initiatives from the European Parliament, draft legislative acts and its amended drafts (art. 4 PAPSP); d)requests from the Court of Justice; e)recommendations from the European Central Bank; f)requests from the European Investment Bank for the adoption of a legislative act;

9. 1. Broader access to information ─Agendas for and the outcome of meetings of the Council, including the minutes of meetings where the Council is deliberating on draft legislative acts (art. 5 PRNP); ─Court of Auditors' annual report (art. 7 PRNP); ─ Commission’s annual report on the application of Article 5 TEU (compliance with the principle of subsidiarity (art. 9 PAPSP)).

10. 2. Information/Communication/Notification −proposals for the amendment of the Treaties (ordinary revision proposals / participation at the Convention) (art. 48(2) and (3) TEU); −adoption, by the Council, of a passerelle clause (comunication of the shift from the special decision-making process - unanimity – to the ordinary decision-making process – qualified majority (art. 48(7) TEU). If a NP makes known its opposition within six months, the decision shall not be adopted); −Adoption, by the Council, of a flexibility clause (current article 308 TCE applicable only to the 1st Pilar and new art. 352 TFE applicable to the EU (with no pilar division), exception made to the CFSP); −application for EU accession (art. 49 TEU); −content and results of the implementation’s evaluation of the Union policies referred to the AFSJ (full application of the principle of mutual recognition (art. 70 TFEU)).

11. −proceedings of the Council standing committee to ensure that operational cooperation on internal security is promoted and strengthened within the Union (art. 70, 71 TFEU); −proposal made to the Council by the Commission, in order to adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure (if a NP makes known its opposition within six months, the decision shall not be adopted (art. 81(3) TFEU)). 2. Information/Communication/Notification

12. 3. Participation in evaluation/control mechanism −Eurojust activities (art. 85 TFEU); −Europol activities (art. 88 TFEU).

13. 4. Monitoring the principle of subsidiarity (art. 5 TEU, art. 69, 352 TFEU, and art. 3 PRNP) NP ability to express their reasoned opinion on whether a EU draft legislative act complies with the principle of subsidiarity Any draft legislative act should contain a detailed statement (PASP) Early warning mechanism: «yellow card» «orange card»

14. 4. Monitoring the principle of subsidiarity Assembleia da República | 4 Abril 2008 A response to: 1.Legitimacy issues (strengthening the democratic legitimacy of the EU by bringing it closer to the citizens, through NP participation); 2.Competence matters (on shared competences between EU and Member-States).

15. The EU decision-making triangle EUROPEAN PARLIAMENT COUNCIL EUROPEAN COMMISSION Assembleia da República | 4 Abril 2008

16. The limits and use of Union competences NP - Principle of conferral - Principle of subsidiarity (shared competences) - Principle of proportionality (exclusive and shared competences) Art. 5(3); art. 12b TEU; art. 69 TFEU; art. 3 PRNP; and art. 6 PAPSP only refer to the compliance with the principle of subsidiarity (not proportionality), as far as the role of NP is concerned.

17. 4. Early warning mechanism Shared competences (art. 4 TFEU) a)internal market;b) social policy; c) economic, social and territorial cohesion; d) agriculture and fisheries, excluding the conservation of marine biological resources; e) environment;f) consumer protection; g) transport;h) trans-European networks; i) energy;j) area of freedom, security and justice; k) common safety concerns in public health matters.

18. 8 weeks (art. 4 PRNP and art. 6 PAPSP) Assembleia da República | 4 Abril 2008 NP may, within eight weeks from the date of transmission of a draft legislative act, in the official languages of the Union, send to the EU institutions a reasoned opinion stating why it considers that the draft in question does not comply with the principle of subsidiarity. (consult, where appropriate, regional parliaments with legislative powers) This time frame does not apply to the regular parliamentary scrutiny activities

19. 4. Early warning mechanism «yellow card» (art. 7(2) PAPSP) «yellow card» (art. 7(2) PAPSP) Assembleia da República | 4 Abril 2008 When reasoned opinions on the non-compliance with the principle of subsidiarity of draft legislative acts represent: - 1/3 of all the votes allocated to NP (each NP shall have two votes), or - 1/4 of all the votes (Area of Freedom, Security and Justice) the draft must be reviewed. The EU institutions may decide to: - maintain, - amend or - withdraw the draft. Reasons must be given for this decision.

20. 4. Early warning mechanism «yellow card» (art. 7(2) PAPSP) «yellow card» (art. 7(2) PAPSP) The draft proposal must be reviewed by the European Commission when: - 1/3 or 1/4 of all the votes allocated to NP are gathered For this purpose it should be considered the number of reasoned opinions: Not on the same article Not on the same paragraph Not with the same reason but on a draft proposal, in general, regardless the article, paragraph and/or reasons for the non-compliance presented by each NP

21. 4. Early warning mechanism «orange card» (art. 7(3) PAPSP) «orange card» (art. 7(3) PAPSP) Assembleia da República | 4 Abril 2008 Under the ordinary legislative procedure (co-decision), where NP reasoned opinions represent at least a simple majority of the votes: the proposal must be reviewed. If it chooses to maintain the proposal, the Commission will have to justify why it considers that the proposal complies with the principle of subsidiarity. This reasoned opinion, as well as the reasoned opinions of the NP will have to be submitted to the Union legislator (EP and Council) for consideration : - by a majority of 55% of the members of the Council or - by a majority of the votes cast in the European Parliament The legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal shall not be given further consideration.

22. Control «ex post» (art. 8 PAPSP) Following the adoption of the legislation, the EU Court of Justice shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, by Member States, or notified by them in accordance with their legal order on behalf of their NP or a chamber thereof. Assembleia da República | 4 Abril 2008

23. 5. Interparliamentary cooperation o COSAC meetings (may submit any contribution to the EP, the Council and the Commission); o interparliamentary cooperation among NP and between NP and the EP (i.e. joint meetings and IPEX); o exchange of information and best practice between NP (i.e. Permanent Representative’s network in Brussels); o EAC and special committees relationship; o interparliamentary conferences on specific topics (i.e. CFSP and CSDP).

24. 1.How will we manage all this information and notification flow? 2. How will NP organise themselves in order to: a)scrutinise these EU documents in light of the subsidiarity control and b)reach a final decision (reasoned opinion), within the 8 weeks period? 3. What do we mean by principle of subsidiarity? 4. How will our Parliaments work together in order to reach the subsidiarity quorum for a given draft proposal? 5. How are our Parliaments going to communicate with the European Institutions (inter-institutional understanding)? Treaty of Lisbon and NP

25. COSAC experience Assembleia da República | 4 Abril 2008 4 subsidiarity checks lessons learned

26. Permanent Representative’s network in Brussels Assembleia da República | 4 Abril 2008

27. IPEX – Interparliamentary EU Information Exchange Assembleia da República | 4 Abril 2008

28. Treaty of Lisbon: entry into force Ratification Parliamentary voteReferendum Germany Austria Belgium Bulgaria – 21/03/08 Cyprus Denmark Slovakia Slovenia – 29/01/08 Spain Estonia Finland France – 08/02/08 Greece Hungary – 17/12/07 Italy Latvia Lithuania Luxemburg Malta – 29/01/08 Netherland Poland – 01/04/08 Portugal United Kingdom Czech Republic Romania – 04/02/08 Sweden Ireland As of 4 April 2008

29. Assembleia da República | 4 Abril 2008 / mtp