Activities of Giuseppe GARGANI related to 2007/2205(INI)
Reports (1)
REPORT Difesa delle prerogative del Parlamento europeo dinanzi alle giurisdizioni nazionali. PDF (147 KB) DOC (83 KB)
Amendments (4)
Amendment 1 #
Motion for a resolution
Recital A
Recital A
A. whereas the European Parliament is the main transnational legislative institution in Europe which, moreover, has no legal personality; whereas as sucha result it is often impeded in protecting its prerogatives before national courts from problems that are peculiar to its special nature,
Amendment 2 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to take account of possible requests by the European Parliament to activate thebring infringement procedureedings against any State accused of havingfor breached a of parliamentary prerogatives and urges the Commission therefore to inform it, through the Commissioner responsible or the Director- General of the Legal Service, but always in writing and exhaustively, of its reasons for any decision in this regard, especially should itasks that it be given a comprehensive statement of reasons by the competent Commissioner should the College decide not to take anythe action requested;
Amendment 3 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. UrSuggests the application of the legal model underat an in-depth examination be carried out into whether the legal concept laid down in Article 300(6) of the EC Treaty to all thosemay be applied in cases in which the prerogatives of the European Parliament are seriously under threat, so as to allowing Parliament to ask the Court of Justice for an opinion on the compatibility of a certaigiven act of national law with primary Community law, without prejudice to the exclusive power of the Commission to decide whether or not to initiate infringement proceedings against the State which may have committed an infringement;
Amendment 4 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes that the committee responsible be asked to study an amendment to Rule 1921(3) of its Rules of Procedure to the effect thaton the following lines: ‘3. The President shall, as appropriate, bring an action on behalf of Parliament, enter a defence, or intervene or otherwise submit observations, including as a party concerned or amicus curiae, in accordance with the recommendation of the Chairman of its Cthe committee on Legal Affaresponsible expressing the view of that committee. Paragraphs 1 and 2 and the first should be expressly appointed to represent the European Parliament in court in all legal proceedings in which its prerogatives are at issue; ubparagraph of this paragraph shall apply mutatis mutandis to proceedings before national courts and the European Court of Human Rights, and to any other judicial proceedings in which Parliament is given leave to intervene. The decision whether to seek leave to intervene should be taken in accordance with the recommendation of the Chairman of the committee responsible, expressing the view of that committee.’;