Activities of Lidia Joanna GERINGER DE OEDENBERG related to 2013/2119(INI)
Plenary speeches (1)
29th annual report on monitoring the application of EU law (2011) - EU regulatory fitness and subsidiarity and proportionality - better lawmaking (debate)
Shadow reports (1)
REPORT on the 29th annual report on monitoring the application of EU law (2011) PDF (182 KB) DOC (93 KB)
Shadow opinions (1)
OPINION on 29th Annual Report on Monitoring the Application of European Union Law (2011)
Legal basis opinions (0)
Amendments (10)
Amendment 1 #
Motion for a resolution
Recital D
Recital D
D. whereas according to the Legal Service of the European Parliament, the EU Pilot, an online platform used by Member States and the Commission to clarify the factual and legal background to problems arising in relation to the application of EU law, does not have any legal status, and according to the Framework Agreement on Relations between the European Parliament and the European Commission, the latter has to make available to Parliament summary information concerning all infringement procedures from the letter of formal notice, including on a case-by-case basis, and may only refuse access to personal data in the EU Pilot;
Amendment 2 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes the decreasing number of infringement cases (60.4%) closed in 2011 before reaching the Court of Justice, in comparison to 88% of cases closed in 2010; continuing to carefully monitor Member States' actions is therefore essential, taking into consideration that some of the petitions to the European Parliament and complaints to the Commission refer to problems that persist even after a matter has been closed;
Amendment 3 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. In total, 399 infringement cases were closed because the Member State demonstrated its compliance with EU law, making serious efforts to settle the infringement without court proceedings; the Court delivered 62 judgments under Article 258 TFEU in 2011, of which 53 (85 %) were in favour of the Commission;
Amendment 4 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that, as regards the functioning of the infringement procedures under Article 258 and 260 TFEU, the Commission should ensure that petitions to the Parliament and complaints to the Commission are treated with equal consideration;
Amendment 5 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that it is necessary systematically to use compliance promoting tools and a scrutiny right of the EP in complaint-handling procedures;
Amendment 6 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the lack of legal status and legitimacy of the EU Pilot and considers that ‘legitimacy can only be ensured by enabling transparency, participation of complainants and European Parliament in the EU Pilot and legality can be ensured through the adoption as soon as possible of a legally binding act containing the rules governing the whole pre-infringement and infringement procedure’4; considers that such a legally binding act should clarify the legal rights and obligations of individual complainants and the Commission, respectively, and should strive to allow participation of complainants into the EU Pilot, as far as possible, at least ensuring that they are informed of the different stages of the procedure; ___________________ 4 ‘Tools for Ensuring Implementation and Application of EU Law and Evaluation of their Effectiveness’, p. 13.
Amendment 10 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that, as regards the functioning of the infringement procedures under Article 258 and 260 of the TFEU, the Commission should ensure that petitions to the Parliament and complaints to the Commission are treated with equal consideration;
Amendment 12 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes the decreasing number of infringement cases (60.4%) closed in 2011 before reaching the Court of Justice, in comparison to 88% of cases closed in 2010; continuing to carefully monitor Member States Actions is therefore essential taking into consideration that some of the petitions refer to problems that persist even after a matter has been closed;
Amendment 42 #
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. In total, 399 infringement cases were closed because the Member State has demonstrated its compliance with EU law. The Court had delivered 62 judgements under Article 258 TFEU in 2011, out of which 53 judgments (85 %) were in favour of the Commission;
Amendment 46 #
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. It is essential for ‘Smart Regulation’ objectives that citizens and businesses understand how EU legislation is being applied in Member States. In 2011 a long- standing disagreement between EU institutions in this area could be solved. The disagreement concerned the way Member States have to explain in detail how they transpose directives into their legal order (see the section on ‘Correlation tables’ in the previous Annual Reports on Monitoring the Application of EU Law).