Procedure completed
Role | Committee | Rapporteur | Shadows |
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Opinion | INST | MANZELLA Andrea (PSE) | |
Lead | JURI | PALACIO VALLELERSUNDI Ana (PPE) |
Legal Basis RoP 132
Activites
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1997/06/02
Final act published in Official Journal
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1997/05/13
Decision by Parliament, 1st reading/single reading
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T4-0224/1997
summary
In adopting the report by Mrs Ana PALACIO VALLELERSUNDI (PPE, E), the European Parliament points out that the principle of subsidiarity constitutes a mandatory legal rule of a constitutional nature binding on the institutions of the Union and the Member States and should not be used as a pretext to call into question all that the Community has already achieved or to return to the intergovernmental method, which is neither efficient nor democratic. It considers disputes regarding the implementation of the principles of subsidiarity and proportionality should preferably be settled at political level on the basis of interinstitutional declaration of 25 October 1993, but recalls that monitoring the application of these two principles is the responsibility of the Court of Justice. Parliament warns the Commission against confusion arising from the two most recent reports on subsidiarity entitled 'Better Law-Making', maintaining that it has mixed up the criteria of legislative technique (simplification and codification) and legal principles (subsidiarity and proportionality). Parliament also notes with concern the Commission's tendency, as a result of the failure of more ambitious initiatives and/or Council policy, to present 'framework directives' and codes of conduct, thereby running the risk of creating a law of a status which is uncertain which results in purely notional harmonization and uncertain transposition into national legislation. Parliament also disapproves of the large number of preparatory documents submitted by the Commission in 1996 (green papers, white papers, communications, reports) at the expense of its activity in the field of legislation. It calls on the Commission to undertake to demonstrate in a detailed manner in its next report that the principle of subsidiarity has not been applied to the detriment of the 'acquis communautaire'.�
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T4-0224/1997
summary
- 1997/05/12 Debate in Parliament
- 1997/04/16 Vote in committee, 1st reading/single reading
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1995/06/16
Committee referral announced in Parliament, 1st reading/single reading
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1994/11/25
Non-legislative basic document published
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COM(1994)0533
summary
OBJECTIVE: to present the first annual report by the Commission on the application of the principle of subsidiarity in 1994, in response to the invitation by the European Council held on 11 and 12 December 1993. CONTENT: this first report is divided into two sections. The first section deals with compliance with the principle of subsidiarity during the legislative process, i.e. when drafting future Community legislation. It notes that: - subsidiarity and proportionality were examined before every new Commission initiative, resulting in fewer, more targeted initiatives; - the Commission decided to withdraw or revise several initiatives tabled before the Council and the European Parliament on the grounds of subsidiarity. In doing so, it went beyond the revision commitments made in Edinburgh. The second section deals with changes to existing legislation which go beyond the principle of subsidiarity in the strict sense of the word. The report describes the state of progress in work to edit and simplify legislation, which has progressed well and already brought in results. The description of the situation in each sector illustrates that, in certain cases, revision work extended to new areas not included in the programme presented to the European Council. The Commission is open to suggestions from outside as regards both future legislation and the revision of existing legislative acts, as the green and white papers and other forms of consultation which it initiates illustrate. It is also more than willing to enter into bilateral dialogue with Member States who so request. Finally, the Commission stresses that subsidiarity objectives will only be achieved if the legislative institutions all pull in the same direction, which is not always the case. For example, the Commission notes that the attitude of the Member States within the Council is more often dictated by their position on the issue than a general desire to comply with Article 3B of the EC Treaty.�
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COM(1994)0533
summary
Documents
- Non-legislative basic document published: COM(1994)0533
- Committee report tabled for plenary, single reading: A4-0155/1997
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T4-0224/1997
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