5 Amendments of Monika BEŇOVÁ related to 2012/2323(INI)
Amendment 1 #
Draft opinion
Recital A (new)
Recital A (new)
A. Whereas the Treaty of Lisbon provides for a new hierarchy of norms consisting of legislative acts, in which the legislator decides on essential elements, delegated acts, to be adopted by the Commission under the control of the legislator to amend or supplement certain non- essential elements of the legislative act, and implementing acts, normally to be adopted by the Commission under the control of Member States when uniform conditions for the implementation of Union acts are needed;
Amendment 2 #
Draft opinion
Recital B (new)
Recital B (new)
B. Whereas the vast majority of legal acts adopted in the field of police cooperation and judicial cooperation in criminal matters (former third pillar) were not amended since the entry into force of the Lisbon Treaty and thereby continue to operate outside the system of delegated and implementing acts (Articles 290 and 291 of the TFEU) as well as - for a transition period of five years - without the Commission being able to launch infringement procedures and the Court of Justice having the limited powers of the former treaty (Article 10 of Protocol 36);
Amendment 3 #
Draft opinion
Recital C (new)
Recital C (new)
C. Whereas the intergovernmental conference invited the institutions to seek to amend or replace the legal acts of the former third pillar in order to entail the full applicability of the powers of the institutions as provided for in the Lisbon Treaty (Declaration No. 50 concerning Article 10 of Protocol 36, Article 10(2) of Protocol 36); whereas the European Parliament in its resolution of 25 November 2009 on the Stockholm Programme requested with reference to Article 265 TFEU (failure to act) a number of priority proposal from the Commission by 1 September 2010 of which several are outstanding;
Amendment 6 #
Draft opinion
Paragraph 1a (new)
Paragraph 1a (new)
Amendment 9 #
Draft opinion
Paragraph 2a (new)
Paragraph 2a (new)
2a. Believes that the choice between delegated acts or implementing acts needs to made on a case-by-case basis. That choice requires careful consideration with reference, in each case, to the requirements of Articles 290 and 291 of the TFEU. Believes, in that regard, that indicative guidelines on the application of those articles could prove useful.