BETA


Events

2013/06/19
   EC - Commission response to text adopted in plenary
Documents
2013/01/15
   EP - Results of vote in Parliament
2013/01/15
   EP - Decision by Parliament
Details

The European Parliament adopted by 572 votes to 16, with 12 abstentions, a resolution containing recommendations to the Commission on a Law of Administrative Procedure of the European Union.

Members recall that with the development of the competences of the European Union, citizens are increasingly directly confronted with the Union's administration, without always having the corresponding procedural rights which they could enforce against it in cases where such actions may prove necessary . The Union's existing rules and principles on good administration are scattered across a wide variety of sources: primary law, case-law of the Court of Justice of the European Union, secondary legislation, soft law and unilateral commitments by the Union's institutions.

Lack of codified rules of administrative law : at present, the fact that the Union lacks a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to understand their administrative rights under Union law. In its resolution of 6 September 2001 , in the belief that the same code of good administrative behaviour should apply to all Union institutions, bodies and agencies, Parliament approved with amendments the European Code of Good Administrative Behaviour drafted by the Ombudsman. In the same resolution, Parliament called on the Commission to submit a proposal for a regulation containing a code of Good Administrative Behaviour based on Article 308 of the Treaty establishing the European Community.

According to Members, the codification of the service principle – that is, the principle that the administration should seek to guide, help, serve and support citizens, act with appropriate courtesy and therefore avoid unnecessarily cumbersome and lengthy procedures, thus saving the time and effort both of citizens and of officials – would help to meet the legitimate expectations of citizens and benefit both citizens and the administration in terms of improved service and increased efficiency.

Parliament is convinced that a European Law of Administrative Procedure:

would help the Union's administration in using its power of internal organisation to facilitate and promote the highest standards of administration could enhance the Union's legitimacy and increase the confidence of citizens in the Union's administration; could strengthen a spontaneous convergence of national administrative law, with regard to general principles of procedure and the fundamental rights of citizens vis-à-vis the administration, and thus strengthen the process of integration; could foster cooperation and the exchange of best practices between national administrations and the Union's administration.

Proposal for a Regulation : the fundamental right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union has become legally binding as primary law.

Recalling that the entry into force of the Treaty of Lisbon has provided the Union with an appropriate legal basis for the adoption of a European Law of Administrative Procedure, Parliament requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation on a European Law of Administrative Procedure . Such a Regulation should:

aim to guarantee the right to good administration by means of an open, efficient and independent administration based on a European Law of Administrative Procedure; apply to the Union's institutions, bodies, offices and agencies ("the Union's administration") in their relations with the public. Its scope should therefore be limited to direct administration; codify the fundamental principles of good administration and should regulate the procedure to be followed by the Union's administration when handling individual cases to which a natural or legal person is a party, and other situations where an individual has direct or personal contact with the Union's administration; include a universal set of principles and should lay down a procedure applicable as a de minimis rule where no lex specialis exists.

The guarantees afforded to persons in sectoral instruments must never provide less protection than those provided for in the regulation.

The resolution lays down a number of detailed recommendations as to the content of the proposal requested. These recommendations concern: (i) the objective and scope of the regulation to be adopted; (ii) the relationship between the regulation and sectoral instruments; (iii) the general principles which should govern the administration (principles of non-discrimination and equal treatment, proportionality and impartiality, consistency and legitimate expectations, respect for privacy, transparency, efficiency and service); (iv) the rules governing administrative decisions; (v) the review and correction of own decisions.

Documents
2013/01/15
   EP - End of procedure in Parliament
2013/01/14
   EP - Debate in Parliament
2012/11/12
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Luigi BERLINGUER (S&D, IT) containing recommendations to the Commission on a Law of Administrative Procedure of the European Union (Initiative – Rule 42 of the Rules of Procedure).

Members recall that with the development of the competences of the European Union, citizens are increasingly directly confronted with the Union's administration, without always having the corresponding procedural rights which they could enforce against it in cases where such actions may prove necessary . The Union's existing rules and principles on good administration are scattered across a wide variety of sources: primary law, case-law of the Court of Justice of the European Union, secondary legislation, soft law and unilateral commitments by the Union's institutions.

At present, the fact that the Union lacks a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to understand their administrative rights under Union law. In its resolution of 6 September 2001 , in the belief that the same code of good administrative behaviour should apply to all Union institutions, bodies and agencies, Parliament approved with amendments the European Code of Good Administrative Behaviour drafted by the Ombudsman. In the same resolution, Parliament called on the Commission to submit a proposal for a regulation containing a code of Good Administrative Behaviour based on Article 308 of the Treaty establishing the European Community.

According to Members, the codification of the service principle – that is, the principle that the administration should seek to guide, help, serve and support citizens, act with appropriate courtesy and therefore avoid unnecessarily cumbersome and lengthy procedures, thus saving the time and effort both of citizens and of officials – would help to meet the legitimate expectations of citizens and benefit both citizens and the administration in terms of improved service and increased efficiency.

Members are convinced that a European Law of Administrative Procedure:

would help the Union's administration in using its power of internal organisation to facilitate and promote the highest standards of administration could enhance the Union's legitimacy and increase the confidence of citizens in the Union's administration; could strengthen a spontaneous convergence of national administrative law, with regard to general principles of procedure and the fundamental rights of citizens vis-à-vis the administration, and thus strengthen the process of integration; could foster cooperation and the exchange of best practices between national administrations and the Union's administration.

In light of these considerations, the report requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation on a European Law of Administrative Procedure . Such a Regulation should:

aim to guarantee the right to good administration by means of an open, efficient and independent administration based on a European Law of Administrative Procedure; apply to the Union's institutions, bodies, offices and agencies ("the Union's administration") in their relations with the public. Its scope should therefore be limited to direct administration; codify the fundamental principles of good administration and should regulate the procedure to be followed by the Union's administration when handling individual cases to which a natural or legal person is a party, and other situations where an individual has direct or personal contact with the Union's administration; include a universal set of principles and should lay down a procedure applicable as a de minimis rule where no lex specialis exists.

The guarantees afforded to persons in sectoral instruments must never provide less protection than those provided for in the regulation.

The report lays down a number of detailed recommendations as to the content of the proposal requested. These recommendations concern: (i) the objective and scope of the regulation to be adopted; (ii) the relationship between the regulation and sectoral instruments; (iii) the general principles which should govern the administration; (iv) the rules governing administrative decisions; (v) the review and correction of own decisions; (vi) the form and publicity to be given to the regulation.

Documents
2012/11/06
   EP - Vote in committee
2012/10/10
   EP - Committee opinion
Documents
2012/09/19
   EP - Amendments tabled in committee
Documents
2012/06/25
   EP - Committee opinion
Documents
2012/06/21
   EP - Committee draft report
Documents
2012/03/15
   EP - Committee referral announced in Parliament
2012/02/28
   EP - AUKEN Margrete (Verts/ALE) appointed as rapporteur in PETI
2012/02/28
   EP - JÄÄTTEENMÄKI Anneli (ALDE) appointed as rapporteur in AFCO
2012/01/25
   EP - BERLINGUER Luigi (S&D) appointed as rapporteur in JURI

Documents

History

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

events/3/docs
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MAŠTÁLKA Jiří
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European United Left - Nordic Green Left
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GUE/NGL
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Committee referral announced in Parliament
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events/3/docs
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AFCO
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docs/4/body
EC
events/2/docs/0/url
Old
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New
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events/5/docs/0/url
Old
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New
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activities
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  • date: 2012-11-06T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: AFCO date: 2012-02-28T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: JÄÄTTEENMÄKI Anneli body: EP shadows: group: PPE name: GARGANI Giuseppe group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: MESSERSCHMIDT Morten responsible: True committee: JURI date: 2012-01-25T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: BERLINGUER Luigi body: EP responsible: False committee: PETI date: 2012-02-28T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete
  • date: 2012-11-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-369&language=EN type: Committee report tabled for plenary, single reading title: A7-0369/2012 body: EP type: Committee report tabled for plenary, single reading
  • date: 2013-01-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130114&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2013-01-15T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22185&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-4 type: Decision by Parliament, 1st reading/single reading title: T7-0004/2013 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Secretariat-General commissioner: ŠEFČOVIČ Maroš
committees/0
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committee_full
Legal Affairs
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rapporteur
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docs
  • date: 2012-06-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE492.584 title: PE492.584 type: Committee draft report body: EP
  • date: 2012-06-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE486.110&secondRef=02 title: PE486.110 committee: PETI type: Committee opinion body: EP
  • date: 2012-09-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE496.437 title: PE496.437 type: Amendments tabled in committee body: EP
  • date: 2012-10-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE489.365&secondRef=02 title: PE489.365 committee: AFCO type: Committee opinion body: EP
  • date: 2013-06-19T00:00:00 docs: url: /oeil/spdoc.do?i=22185&j=0&l=en title: SP(2013)251 type: Commission response to text adopted in plenary
events
  • date: 2012-03-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2012-11-06T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2012-11-12T00:00:00 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=A7-2012-369&language=EN title: A7-0369/2012 summary: The Committee on Legal Affairs adopted the report by Luigi BERLINGUER (S&D, IT) containing recommendations to the Commission on a Law of Administrative Procedure of the European Union (Initiative – Rule 42 of the Rules of Procedure). Members recall that with the development of the competences of the European Union, citizens are increasingly directly confronted with the Union's administration, without always having the corresponding procedural rights which they could enforce against it in cases where such actions may prove necessary . The Union's existing rules and principles on good administration are scattered across a wide variety of sources: primary law, case-law of the Court of Justice of the European Union, secondary legislation, soft law and unilateral commitments by the Union's institutions. At present, the fact that the Union lacks a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to understand their administrative rights under Union law. In its resolution of 6 September 2001 , in the belief that the same code of good administrative behaviour should apply to all Union institutions, bodies and agencies, Parliament approved with amendments the European Code of Good Administrative Behaviour drafted by the Ombudsman. In the same resolution, Parliament called on the Commission to submit a proposal for a regulation containing a code of Good Administrative Behaviour based on Article 308 of the Treaty establishing the European Community. According to Members, the codification of the service principle – that is, the principle that the administration should seek to guide, help, serve and support citizens, act with appropriate courtesy and therefore avoid unnecessarily cumbersome and lengthy procedures, thus saving the time and effort both of citizens and of officials – would help to meet the legitimate expectations of citizens and benefit both citizens and the administration in terms of improved service and increased efficiency. Members are convinced that a European Law of Administrative Procedure: would help the Union's administration in using its power of internal organisation to facilitate and promote the highest standards of administration could enhance the Union's legitimacy and increase the confidence of citizens in the Union's administration; could strengthen a spontaneous convergence of national administrative law, with regard to general principles of procedure and the fundamental rights of citizens vis-à-vis the administration, and thus strengthen the process of integration; could foster cooperation and the exchange of best practices between national administrations and the Union's administration. In light of these considerations, the report requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation on a European Law of Administrative Procedure . Such a Regulation should: aim to guarantee the right to good administration by means of an open, efficient and independent administration based on a European Law of Administrative Procedure; apply to the Union's institutions, bodies, offices and agencies ("the Union's administration") in their relations with the public. Its scope should therefore be limited to direct administration; codify the fundamental principles of good administration and should regulate the procedure to be followed by the Union's administration when handling individual cases to which a natural or legal person is a party, and other situations where an individual has direct or personal contact with the Union's administration; include a universal set of principles and should lay down a procedure applicable as a de minimis rule where no lex specialis exists. The guarantees afforded to persons in sectoral instruments must never provide less protection than those provided for in the regulation. The report lays down a number of detailed recommendations as to the content of the proposal requested. These recommendations concern: (i) the objective and scope of the regulation to be adopted; (ii) the relationship between the regulation and sectoral instruments; (iii) the general principles which should govern the administration; (iv) the rules governing administrative decisions; (v) the review and correction of own decisions; (vi) the form and publicity to be given to the regulation.
  • date: 2013-01-14T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130114&type=CRE title: Debate in Parliament
  • date: 2013-01-15T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=22185&l=en title: Results of vote in Parliament
  • date: 2013-01-15T00:00:00 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-2013-4 title: T7-0004/2013 summary: The European Parliament adopted by 572 votes to 16, with 12 abstentions, a resolution containing recommendations to the Commission on a Law of Administrative Procedure of the European Union. Members recall that with the development of the competences of the European Union, citizens are increasingly directly confronted with the Union's administration, without always having the corresponding procedural rights which they could enforce against it in cases where such actions may prove necessary . The Union's existing rules and principles on good administration are scattered across a wide variety of sources: primary law, case-law of the Court of Justice of the European Union, secondary legislation, soft law and unilateral commitments by the Union's institutions. Lack of codified rules of administrative law : at present, the fact that the Union lacks a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to understand their administrative rights under Union law. In its resolution of 6 September 2001 , in the belief that the same code of good administrative behaviour should apply to all Union institutions, bodies and agencies, Parliament approved with amendments the European Code of Good Administrative Behaviour drafted by the Ombudsman. In the same resolution, Parliament called on the Commission to submit a proposal for a regulation containing a code of Good Administrative Behaviour based on Article 308 of the Treaty establishing the European Community. According to Members, the codification of the service principle – that is, the principle that the administration should seek to guide, help, serve and support citizens, act with appropriate courtesy and therefore avoid unnecessarily cumbersome and lengthy procedures, thus saving the time and effort both of citizens and of officials – would help to meet the legitimate expectations of citizens and benefit both citizens and the administration in terms of improved service and increased efficiency. Parliament is convinced that a European Law of Administrative Procedure: would help the Union's administration in using its power of internal organisation to facilitate and promote the highest standards of administration could enhance the Union's legitimacy and increase the confidence of citizens in the Union's administration; could strengthen a spontaneous convergence of national administrative law, with regard to general principles of procedure and the fundamental rights of citizens vis-à-vis the administration, and thus strengthen the process of integration; could foster cooperation and the exchange of best practices between national administrations and the Union's administration. Proposal for a Regulation : the fundamental right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union has become legally binding as primary law. Recalling that the entry into force of the Treaty of Lisbon has provided the Union with an appropriate legal basis for the adoption of a European Law of Administrative Procedure, Parliament requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation on a European Law of Administrative Procedure . Such a Regulation should: aim to guarantee the right to good administration by means of an open, efficient and independent administration based on a European Law of Administrative Procedure; apply to the Union's institutions, bodies, offices and agencies ("the Union's administration") in their relations with the public. Its scope should therefore be limited to direct administration; codify the fundamental principles of good administration and should regulate the procedure to be followed by the Union's administration when handling individual cases to which a natural or legal person is a party, and other situations where an individual has direct or personal contact with the Union's administration; include a universal set of principles and should lay down a procedure applicable as a de minimis rule where no lex specialis exists. The guarantees afforded to persons in sectoral instruments must never provide less protection than those provided for in the regulation. The resolution lays down a number of detailed recommendations as to the content of the proposal requested. These recommendations concern: (i) the objective and scope of the regulation to be adopted; (ii) the relationship between the regulation and sectoral instruments; (iii) the general principles which should govern the administration (principles of non-discrimination and equal treatment, proportionality and impartiality, consistency and legitimate expectations, respect for privacy, transparency, efficiency and service); (iv) the rules governing administrative decisions; (v) the review and correction of own decisions.
  • date: 2013-01-15T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat-General commissioner: ŠEFČOVIČ Maroš
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
JURI/7/08737
New
  • JURI/7/08737
procedure/legal_basis/0
Rules of Procedure EP 046
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 046
procedure/subject
Old
  • 1.20.05 Public access to information and documents, administrative practice
  • 8.40 Institutions of the Union
  • 8.40.08 Agencies and bodies of the EU
  • 8.40.09 European officials, EU servants, staff regulations
  • 8.50 EU law
  • 8.50.02 Legislative simplification, coordination, codification
New
1.20.05
Public access to information and documents, administrative practice
8.40
Institutions of the Union
8.40.08
Agencies and bodies of the EU
8.40.09
European officials, EU servants, staff regulations
8.50
EU law
8.50.02
Legislative simplification, coordination, codification
procedure/subtype
Old
Request for legislative proposal
New
  • Request for legislative proposal
  • See also 2016/2610(RSP)
procedure/title
Old
Law of Administrative procedure of the European Union
New
Law of administrative procedure of the European Union
other/0/dg/title
Old
Secretariat General
New
Secretariat-General
activities
  • date: 2012-03-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: AFCO date: 2012-02-28T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: JÄÄTTEENMÄKI Anneli body: EP shadows: group: PPE name: GARGANI Giuseppe group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: MESSERSCHMIDT Morten responsible: True committee: JURI date: 2012-01-25T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: BERLINGUER Luigi body: EP responsible: False committee: PETI date: 2012-02-28T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete
  • date: 2012-11-06T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: AFCO date: 2012-02-28T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: JÄÄTTEENMÄKI Anneli body: EP shadows: group: PPE name: GARGANI Giuseppe group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: MESSERSCHMIDT Morten responsible: True committee: JURI date: 2012-01-25T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: BERLINGUER Luigi body: EP responsible: False committee: PETI date: 2012-02-28T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete
  • date: 2012-11-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-369&language=EN type: Committee report tabled for plenary, single reading title: A7-0369/2012 body: EP type: Committee report tabled for plenary, single reading
  • date: 2013-01-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130114&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2013-01-15T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22185&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-4 type: Decision by Parliament, 1st reading/single reading title: T7-0004/2013 body: EP type: Results of vote in Parliament
committees
  • body: EP responsible: False committee: AFCO date: 2012-02-28T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: JÄÄTTEENMÄKI Anneli
  • body: EP shadows: group: PPE name: GARGANI Giuseppe group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: MESSERSCHMIDT Morten responsible: True committee: JURI date: 2012-01-25T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: BERLINGUER Luigi
  • body: EP responsible: False committee: PETI date: 2012-02-28T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete
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/7/08737
reference
2012/2024(INL)
title
Law of Administrative procedure of the European Union
legal_basis
Rules of Procedure of the European Parliament EP 046
stage_reached
Procedure completed
subtype
Request for legislative proposal
Modified legal basis
Rules of Procedure of the European Parliament EP 150
type
INL - Legislative initiative procedure
subject