5 Amendments of Margrete AUKEN related to 2007/2264(INI)
Amendment 1 #
Motion for a resolution
Recital Ca (new)
Recital Ca (new)
Ca. whereas, pursuant to the first paragraph of Article 226, if the Commission considers that a Member State has failed to fulfil an obligation under the Treaty, it "shall" deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations, and whereas, pursuant to the second paragraph of that article, if the State concerned does not comply with the opinion within the period laid down by the Commission, the latter "may" bring the matter before the Court of Justice,
Amendment 2 #
Motion for a resolution
Recital Cb (new)
Recital Cb (new)
Amendment 9 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that the Commission has certain discretionary powers with regard to all phases in the management of complaints and infringement proceedings, including the pre- litigation phase; is of the opinion however that these powers should not exceed the limits indicated by the Commission itself in its Communication and considers that the Commission' particular as regards bringing matters before the Court of Justice, but points out that Article 226 stipulates that the Commission is to initiate the pre-litigation phase if it considers that a Member State has failured to reach a definite decision on the complainant's infringement complaint cannot be justified by its discretionary powersfulfil an obligation under the Treaty;
Amendment 10 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is of the opinion that the powers of discretion are also subject to legal limits set by general principles of administrative law, as established by the case-law of the Court of Justice, and should not exceed the limits indicated by the Commission itself in its communication;
Amendment 11 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Considers that the Commission's failure to reach a definite decision on the complainant's infringement complaint cannot be justified by its discretionary powers;