BETA


2010/2076(INI) 26th annual report on monitoring the application of European Union law (2008)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI LICHTENBERGER Eva (icon: Verts/ALE Verts/ALE) ZWIEFKA Tadeusz (icon: PPE PPE)
Committee Opinion PETI MAZZONI Erminia (icon: PPE PPE)
Committee Opinion IMCO BUŞOI Cristian-Silviu (icon: ALDE ALDE) Matteo SALVINI (icon: ENF ENF)
Lead committee dossier:
Legal Basis:
RoP 132-p1

Events

2011/05/02
   EC - Commission response to text adopted in plenary
Documents
2010/11/25
   EP - Results of vote in Parliament
2010/11/25
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a resolution on the 26th Annual Report on Monitoring the Application of European Union Law (2008).

Members regret that the Commission has not responded to the issues raised by Parliament in its previous resolutions, in particular the aforementioned resolution of 21 February 2008 . They note the lack of improvement with regard to transparency , particularly with reference to the ‘ EU Pilot ’ project and the issue of human resources.

The resolution notes that through EU Pilot the Commission is aiming to increase ‘commitment, co-operation and partnership between the Commission and Member States’ and is considering, in close cooperation with national administrations, how to deal with the application of European Union law.

The resolution also notes that on the one hand citizens are portrayed as having an essential role in ensuring compliance with EU law on the ground, whilst on the other – in EU Pilot – they are even further excluded from any subsequent procedure. Members consider that this is not in line with the Treaties’ solemn declarations that decisions are taken as openly as possible and as closely as possible to the citizen.

Parliament is of the opinion that, in their present form, the Commission’s annual reports on monitoring the application of European Union law do not give citizens or the other institutions sufficient information about the true state of application of EU law, as the Commission only makes reference to formal proceedings being opened against Member States that have not transposed EU law into their national legal systems. It considers however that it would also be very much in the interest of citizens and Parliament to be informed when the Commission opens infringements for the incorrect or bad transposition of EU law, with details of those infringements also being supplied.

Members wish to ensure that the Commission continues to produce detailed data on all types of infringement, and that the entirety of this data is made freely available to Parliament to enable it to perform its role of scrutiny of the Commission’s discharge of its role as guardian of the Treaties. They recall the Parliament’s resolution of 4 February 2010 in which it calls on the Commission ‘to make available to Parliament summary information about all infringement procedures based on the letter of formal notice.

The Commission is called upon to supply Parliament with relevant data to enable an analysis to be made of the added value EU Pilot brings to the existing process of managing infringement files, which would justify extending the project further. It considers that this data should, for example, allow Parliament to check whether the 10 weeks granted to a Member State to find a solution to a concrete case have not further delayed the initiation of an infringement procedure, the duration of which is already extremely lengthy and indeterminate.

Parliament notes that delays in correctly applying, transposing and enforcing European Union law directly affect the daily lives of citizens and businesses and the enjoyment of their rights, resulting in legal uncertainty and preventing them from enjoying the full benefits of the internal market. Deploring the fact that some Member States underestimate the value of the correct and timely application of EU law, Members urge them to give suitable priority to transposition and application, in order to avoid delays.

The resolution invites the Commission to propose a ‘ procedural code ’ in the form of a regulation under the new legal basis of Article 298 TFEU, setting out the various aspects of the infringement procedure, including notifications, time-limits, the right to be heard, the obligation to state reasons, etc., in order to enforce citizens’ rights and transparency.

Parliament welcomes the nascent one-stop shop for citizens seeking advice or recourse or making complaints through ‘Your Europe’. With the addition of the widely publicised Citizens‘ Initiative (Art 11(4) TEU) to the list of instruments for citizens’ participation, the need for explanation and guidance has increased exponentially. The European Parliament would like to be involved in the development of this website in order to ensure coherence with its own plans for providing better guidance for citizens.

Lastly, Members urge that Parliament’s role in the areas of the application, enforcement and monitoring of single market rules be strengthened.

Documents
2010/11/25
   EP - End of procedure in Parliament
2010/10/22
   EP - Committee report tabled for plenary, single reading
Documents
2010/10/22
   EP - Committee report tabled for plenary, single reading
Documents
2010/10/18
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the own-initiative report drafted by Eva LICHTENBERGER (Greens/EFA, AT) on the 26th Annual Report on Monitoring the Application of European Union Law (2008).

Members regret that the Commission has not responded to the issues raised by Parliament in its previous resolutions, in particular the aforementioned resolution of 21 February 2008 . They note the lack of improvement with regard to transparency , particularly with reference to the ‘ EU Pilot ’ project and the issue of human resources.

The report notes that through EU Pilot the Commission is aiming to increase ‘commitment, co-operation and partnership between the Commission and Member States’ and is considering, in close cooperation with national administrations, how to deal with the application of European Union law.

The report also notes that on the one hand citizens are portrayed as having an essential role in ensuring compliance with EU law on the ground, whilst on the other – in EU Pilot – they are even further excluded from any subsequent procedure. Members consider that this is not in line with the Treaties’ solemn declarations that decisions are taken as openly as possible and as closely as possible to the citizen.

The committee is of the opinion that, in their present form, the Commission’s annual reports on monitoring the application of European Union law do not give citizens or the other institutions sufficient information about the true state of application of EU law, as the Commission only makes reference to formal proceedings being opened against Member States that have not transposed EU law into their national legal systems. It considers however that it would also be very much in the interest of citizens and Parliament to be informed when the Commission opens infringements for the incorrect or bad transposition of EU law, with details of those infringements also being supplied.

Members wish to ensure that the Commission continues to produce detailed data on all types of infringement, and that the entirety of this data is made freely available to Parliament to enable it to perform its role of scrutiny of the Commission’s discharge of its role as guardian of the Treaties.

They recall the Parliament’s resolution of 4 February 2010 in which it calls on the Commission ‘to make available to Parliament summary information about all infringement procedures based on the letter of formal notice.

The Commission is called upon to supply Parliament with relevant data to enable an analysis to be made of the added value EU Pilot brings to the existing process of managing infringement files, which would justify extending the project further. It considers that this data should, for example, allow Parliament to check whether the 10 weeks granted to a Member State to find a solution to a concrete case have not further delayed the initiation of an infringement procedure, the duration of which is already extremely lengthy and indeterminate.

The report invites the Commission to propose a ‘ procedural code ’ in the form of a regulation under the new legal basis of Article 298 TFEU, setting out the various aspects of the infringement procedure, including notifications, time-limits, the right to be heard, the obligation to state reasons, etc., in order to enforce citizens’ rights and transparency.

Members urge that Parliament’s role in the areas of the application, enforcement and monitoring of single market rules be strengthened.

2010/10/05
   EP - Committee opinion
Documents
2010/09/14
   EP - Committee opinion
Documents
2010/07/15
   EP - Amendments tabled in committee
Documents
2010/06/18
   EP - Committee draft report
Documents
2010/06/15
   EP - BUŞOI Cristian-Silviu (ALDE) appointed as rapporteur in IMCO
2010/05/20
   EP - Committee referral announced in Parliament, 1st reading/single reading
2010/05/04
   EP - MAZZONI Erminia (PPE) appointed as rapporteur in PETI
2009/12/16
   EC - Non-legislative basic document
2009/12/16
   EC - Non-legislative basic document published
2009/09/02
   EP - LICHTENBERGER Eva (Verts/ALE) appointed as rapporteur in JURI

Documents

AmendmentsDossier
26 2010/2076(INI)
2010/07/15 JURI 12 amendments...
source: PE-445.729
2010/07/16 IMCO 13 amendments...
source: PE-445.601
2010/09/08 PETI 1 amendments...
source: PE-448.775

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2010-06-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE443.023 title: PE443.023 type: Committee draft report body: EP
  • date: 2010-07-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE445.729 title: PE445.729 type: Amendments tabled in committee body: EP
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  • date: 2010-10-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE445.670&secondRef=03 title: PE445.670 committee: PETI type: Committee opinion body: EP
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  • date: 2010-05-20T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2010-10-18T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Legal Affairs adopted the own-initiative report drafted by Eva LICHTENBERGER (Greens/EFA, AT) on the 26th Annual Report on Monitoring the Application of European Union Law (2008). Members regret that the Commission has not responded to the issues raised by Parliament in its previous resolutions, in particular the aforementioned resolution of 21 February 2008 . They note the lack of improvement with regard to transparency , particularly with reference to the ‘ EU Pilot ’ project and the issue of human resources. The report notes that through EU Pilot the Commission is aiming to increase ‘commitment, co-operation and partnership between the Commission and Member States’ and is considering, in close cooperation with national administrations, how to deal with the application of European Union law. The report also notes that on the one hand citizens are portrayed as having an essential role in ensuring compliance with EU law on the ground, whilst on the other – in EU Pilot – they are even further excluded from any subsequent procedure. Members consider that this is not in line with the Treaties’ solemn declarations that decisions are taken as openly as possible and as closely as possible to the citizen. The committee is of the opinion that, in their present form, the Commission’s annual reports on monitoring the application of European Union law do not give citizens or the other institutions sufficient information about the true state of application of EU law, as the Commission only makes reference to formal proceedings being opened against Member States that have not transposed EU law into their national legal systems. It considers however that it would also be very much in the interest of citizens and Parliament to be informed when the Commission opens infringements for the incorrect or bad transposition of EU law, with details of those infringements also being supplied. Members wish to ensure that the Commission continues to produce detailed data on all types of infringement, and that the entirety of this data is made freely available to Parliament to enable it to perform its role of scrutiny of the Commission’s discharge of its role as guardian of the Treaties. They recall the Parliament’s resolution of 4 February 2010 in which it calls on the Commission ‘to make available to Parliament summary information about all infringement procedures based on the letter of formal notice. The Commission is called upon to supply Parliament with relevant data to enable an analysis to be made of the added value EU Pilot brings to the existing process of managing infringement files, which would justify extending the project further. It considers that this data should, for example, allow Parliament to check whether the 10 weeks granted to a Member State to find a solution to a concrete case have not further delayed the initiation of an infringement procedure, the duration of which is already extremely lengthy and indeterminate. The report invites the Commission to propose a ‘ procedural code ’ in the form of a regulation under the new legal basis of Article 298 TFEU, setting out the various aspects of the infringement procedure, including notifications, time-limits, the right to be heard, the obligation to state reasons, etc., in order to enforce citizens’ rights and transparency. Members urge that Parliament’s role in the areas of the application, enforcement and monitoring of single market rules be strengthened.
  • date: 2010-10-22T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-291&language=EN title: A7-0291/2010
  • date: 2010-11-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=18978&l=en title: Results of vote in Parliament
  • date: 2010-11-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-437 title: T7-0437/2010 summary: The European Parliament adopted a resolution on the 26th Annual Report on Monitoring the Application of European Union Law (2008). Members regret that the Commission has not responded to the issues raised by Parliament in its previous resolutions, in particular the aforementioned resolution of 21 February 2008 . They note the lack of improvement with regard to transparency , particularly with reference to the ‘ EU Pilot ’ project and the issue of human resources. The resolution notes that through EU Pilot the Commission is aiming to increase ‘commitment, co-operation and partnership between the Commission and Member States’ and is considering, in close cooperation with national administrations, how to deal with the application of European Union law. The resolution also notes that on the one hand citizens are portrayed as having an essential role in ensuring compliance with EU law on the ground, whilst on the other – in EU Pilot – they are even further excluded from any subsequent procedure. Members consider that this is not in line with the Treaties’ solemn declarations that decisions are taken as openly as possible and as closely as possible to the citizen. Parliament is of the opinion that, in their present form, the Commission’s annual reports on monitoring the application of European Union law do not give citizens or the other institutions sufficient information about the true state of application of EU law, as the Commission only makes reference to formal proceedings being opened against Member States that have not transposed EU law into their national legal systems. It considers however that it would also be very much in the interest of citizens and Parliament to be informed when the Commission opens infringements for the incorrect or bad transposition of EU law, with details of those infringements also being supplied. Members wish to ensure that the Commission continues to produce detailed data on all types of infringement, and that the entirety of this data is made freely available to Parliament to enable it to perform its role of scrutiny of the Commission’s discharge of its role as guardian of the Treaties. They recall the Parliament’s resolution of 4 February 2010 in which it calls on the Commission ‘to make available to Parliament summary information about all infringement procedures based on the letter of formal notice. The Commission is called upon to supply Parliament with relevant data to enable an analysis to be made of the added value EU Pilot brings to the existing process of managing infringement files, which would justify extending the project further. It considers that this data should, for example, allow Parliament to check whether the 10 weeks granted to a Member State to find a solution to a concrete case have not further delayed the initiation of an infringement procedure, the duration of which is already extremely lengthy and indeterminate. Parliament notes that delays in correctly applying, transposing and enforcing European Union law directly affect the daily lives of citizens and businesses and the enjoyment of their rights, resulting in legal uncertainty and preventing them from enjoying the full benefits of the internal market. Deploring the fact that some Member States underestimate the value of the correct and timely application of EU law, Members urge them to give suitable priority to transposition and application, in order to avoid delays. The resolution invites the Commission to propose a ‘ procedural code ’ in the form of a regulation under the new legal basis of Article 298 TFEU, setting out the various aspects of the infringement procedure, including notifications, time-limits, the right to be heard, the obligation to state reasons, etc., in order to enforce citizens’ rights and transparency. Parliament welcomes the nascent one-stop shop for citizens seeking advice or recourse or making complaints through ‘Your Europe’. With the addition of the widely publicised Citizens‘ Initiative (Art 11(4) TEU) to the list of instruments for citizens’ participation, the need for explanation and guidance has increased exponentially. The European Parliament would like to be involved in the development of this website in order to ensure coherence with its own plans for providing better guidance for citizens. Lastly, Members urge that Parliament’s role in the areas of the application, enforcement and monitoring of single market rules be strengthened.
  • date: 2010-11-25T00:00:00 type: End of procedure in Parliament body: EP
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  • body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2009-09-02T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva
  • body: EP responsible: False committee: PETI date: 2010-05-04T00:00:00 committee_full: Petitions rapporteur: group: PPE name: MAZZONI Erminia
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat General commissioner: ŠEFČOVIČ Maroš
procedure
dossier_of_the_committee
JURI/7/00884
reference
2010/2076(INI)
title
26th annual report on monitoring the application of European Union law (2008)
legal_basis
Rules of Procedure of the European Parliament EP 132-p1
stage_reached
Procedure completed
subtype
Annual report
Modified legal basis
Rules of Procedure of the European Parliament EP 150
type
INI - Own-initiative procedure
subject
8.50.01 Implementation of EU law