Activities of Satu HASSI related to 2012/2323(INI)
Shadow opinions (1)
OPINION on follow-up on the delegation of legislative powers and the control by Member States of the Commission’s exercise of implementing powers
Amendments (4)
Amendment 2 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that it is 'clear from the provisions of Articles 290 and 291 of the Treaty that delegated acts and implementing acts are answering different needs and therefore cannot be substituted by one for another' (Handbook on Delegated Acts/Implementing Acts, DG IPOL, February 2012, page 4);
Amendment 3 #
Draft opinion
Paragraph 3
Paragraph 3
3. BelieveInsists that, in the context of any post- Lisbon alignment of a legislative act, those measures previously subject to the regulatory procedure with scrutiny should clearly become delegated rather than implementingacts, and not implementing acts, as delegated acts are foreseen for exactly the same purpose as measures subject to the regulatory procedure with scrutiny (to adopt measures of general scope/application designed to supplement or amend certain non-essential elements of the legislative acts), unless exceptionally justified;
Amendment 5 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly criticises the Council for systematically trying not only to avoid delegated acts at all costs in new legislation, but even to roll back on the pre-Lisbon alignment by unduly trying to turn measures subject to the regulatory procedure with scrutiny into implementing acts in post-Lisbon alignment acts; calls on the Council to respect the provisions of the Treaty as regards the clearly distinct nature of delegated acts compared to implementing acts;
Amendment 6 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Considers that choosing not to delegate certain non-essential elements but to keep any changes thereto in the ordinary legislative procedure may be an appropriate solution in some cases that respects the prerogatives of both Council and Parliament, but would not be appropriate in other cases where it would be disproportionate to the nature of the non-essential element to be amended and would thus de facto act as a break on what may well be important adaptations;