Procedure completed
Role | Committee | Rapporteur | Shadows |
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Opinion | JURI | ||
Opinion | LIBE | ||
Lead | PETI | FOURTOU Janelly (PPE-DE) |
Legal Basis RoP 132
Activites
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2004/03/18
Final act published in Official Journal
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2003/06/05
Debate in Parliament
- Debate in Parliament
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T5-0274/2003
summary
The European Parliament adopted the resolution drafted by Janelly FOURTOU (EPP-ED, France) on relations with the complainant in infringements of Community law. Parliament welcomed the Commission communication and commended the provision of information to citizens about the stage reached in the processing of their complaints. The on-year delay is a reasonable one, within which the Commission must reach a decision and notify the complainants. Parliament did note that the procedures for considering the various complaints lodged by European citizens are the responsibility of different services, between which there is no coordination. The separate nature of these procedures causes particular difficulties in the case of complainants lodging a complaint with the Commission, and a petition with the European Parliament, concerning the same grievances. Also, there is a need to clarify the procedure to be followed in cases of manifest disagreement between the institutions regarding the substance of a complaint. This includes the situation where Parliament has endorsed a recommendation by the Ombudsman, which has not been recognised as valid by another institution. An interinstitutional agreement is required which would make it possible to achieve this essential coordination between all the Community bodies and institutions in relation to complaints and petitions, in the interests of Europe's citizens and with a view to ensuring efficient cooperation between Community institutions.�
- 2003/04/30 Vote in committee, 1st reading/single reading
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2002/07/01
Committee referral announced in Parliament, 1st reading/single reading
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2002/03/20
Non-legislative basic document published
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COM(2002)0141
summary
PURPOSE : Communication on relations with the complainant in respect of infringements of community law. CONTENT : The Commission sets out in the Annex to this communication the administrative measures for the benefit of the complainant with which it undertakes to comply when handling the complaint and assessing the infringement in question. These measures do not, however, alter the bilateral nature of the infringement procedure laid down by Article 226 of the EC Treaty and Article 141 of the EAEC Treaty. In this respect, the commission must point out that, in accordance with the case law of the European court of Justice, it enjoys a discretionary power in deciding whether or not to bring infringement proceedings and to refer a case to the Court. In the area of infringement proceedings, the Commission applies the rules on access to documents in Regulation 1049/2001/EC, as implemented by the provisions set out in the Annex to Commission Decision 937/2001/EC. The measures describe the following: -definitions and scope. -general principles. It should be noted that complainants do not have to demonstrate a formal interest in bringing proceedings, nor do they have to prove that they are directly concerned by the infringement complained of. The Commission may decide whether further action should be taken on a complaint. -recording of complaints. Correspondence will not be investigated under specified circumstances, for instance, if it is anonymous or denounces a private person or body, or fails to refer to a Member State. -acknowledgement of receipt. -methods of submitting a compliant. The Commission will provide a standard form, but complainants are not obliged to use it. -protection of the complainant and personal data. -communication with complainant. -time limit for investigating complaints. In general this is no more than one year from the date of registration. -outcome of the investigation of complaints -closure of the case -simplified procedure for closing cases -publicising infringement decisions -access to documents on infringements cases -complaint to the European Ombudsman.�
- DG [{'url': 'http://ec.europa.eu/dgs/secretariat_general/index_en.htm', 'title': 'Secretariat General'}],
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COM(2002)0141
summary
Documents
- Non-legislative basic document published: COM(2002)0141
- Committee report tabled for plenary, single reading: A5-0157/2003
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T5-0274/2003
History
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