Awaiting Parliament 1st reading / single reading / budget 1st stage
2017/2011(INI) Monitoring the application of EU law 2015
Lead committee dossier: JURI/8/09085
Legal Basis RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFCO | UJAZDOWSKI Kazimierz Michał (ECR) | |
| Lead | JURI | CHRYSOGONOS Kostas (GUE/NGL) | BUDA Daniel (EPP), KAUFMANN Sylvia-Yvonne (S&D), KARIM Sajjad (ECR), CAVADA Jean-Marie (ALDE), HAUTALA Heidi (Verts/ALE), BOUTONNET Marie-Christine (ENF) |
| Opinion | PETI | WIKSTRÖM Cecilia (ALDE) |
Legal Basis RoP 052
Subjects
Activites
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2017/10/26
Debate in plenary scheduled
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2017/07/19
Committee report tabled for plenary, single reading
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A8-0265/2017
summary
The Committee on Legal Affairs adopted an own-initiative report drafted by Kostas CHRYSOGONOS (GUE/NGL, EL) on monitoring the application of EU law in 2015. The main recommendations of the report are as follows: The number of infringements remains high: Members welcomed the Commission’s 2015 annual report on the application of EU law, but found that the high number of infringement proceedings showed the difficulty of ensuring the correct application of EU legislation in the Member States and that this remains a priority in the EU. At the end of 2015, there were 1 368 infringement cases, slightly higher than in 2014, but lower than in 2011. Three areas - mobility and transport, energy and the environment - have mainly been the subject of infringement proceedings for failure to transpose in 2015 and have been the subject of most EU pilot procedures, in particular in Italy, Portugal and Germany. The Commission is invited to explain the reasons for this situation. Moreover, even if infringement proceedings have been initiated for the breach of the air quality directive 2008/50/EC due to the continuous exceedances of NO2 limit values, the Commission regretted that it has not exercised its power of control to prevent the placing on the single market of polluting diesel powered cards. The importance of secondary law: Members recalled that the European institutions have an obligation to respect the primary EU law when they produce secondary law. Member States are invited to: take measures to respect their commitments under the Joint Political Declaration of the Member States and the Commission of 28 September 2011 on explanatory documents, including by providing correlation tables containing clear information on the national measures transposing the directives into their national legal systems; indicate whether they add elements when transposing directives into national law to make it clear to the public which rules are the EU’s responsibility and which rules fall under national responsibility; comply with the transposition deadlines; in this respect, the institutions of the Union should set realistic deadlines for enforcement. The Commission should assist the Member States in drawing up the documents and correlation tables accompanying their national transposition measures. Role of Parliament: the report stressed the need for Parliament to also be able to monitor the Commission’s enforcement of regulations in the same way it does with directives. The Commission should therefore integrate the data on the implementation of the rules in its future annual reports on the monitoring of the application of EU law. Parliament also plays a key role in exercising political oversight of the Commission’s enforcement actions. It should therefore contribute further to the timely and accurate transposition of EU legislation by sharing its expertise in the legislative decision-making process through pre-established links with national parliaments. Complaints and petitions: Members expressed concern about the number of petitions to Parliament and complaints to the Commission. The petitioners very often concern the violations of EU law, in particular in the fields of employment and social affairs, the environment, justice, fundamental rights, the internal market, transport, health, education and culture. The Commission, together with the Committee on Petitions, should submit regular reports on cases relating to ongoing proceedings in order to facilitate dialogue and reduce the time taken to settle disputes. Whistle-blowers should be encouraged. The role of the social partners is also underlined. Correct transposition and implementation of legislation: this should be a priority for the Member States. The Commission is called on to urge Member States to ensure the strict enforcement of EU rules on the free movement of persons, in particular by ensuring the full protection of economic, social and cultural rights. In this context, full respect for the fundamental values, principles and rights enshrined in the Treaties and the Charter of Fundamental Rights of the Union should be ensured. The report also highlighted the importance of domestic transposition and the practical implementation of EU asylum standards. It called for particular attention to be paid to the implementation of the measures adopted with a view to implementing the Commission’s proposed relocation mechanism to deal with the refugee crisis. The Commission is also called on to investigate the causes of the significant shortcomings in the enforcement of EU environmental law, particularly in the case of waste management, wastewater treatment and compliance with air quality limit values. Transparency: the report stressed the importance of transparency in the drafting and application of law by EU institutions and the Member States. To make EU legislation accessible to its citizens, the latter should be clear, understandable, consistent and precise. Members called for the inclusion of national parliaments in dialogue on the content of legislative proposals and invited the Commission to present a comprehensive legislative proposal on a European law of administrative procedure.
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A8-0265/2017
summary
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2017/07/13
Vote in committee, 1st reading/single reading
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2017/02/16
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A8-0265/2017
| Amendments | Dossier |
| 175 |
2017/2011(INI)
2017/03/07
PETI
44 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Recognises that the Committee on Petitions serves as a valuable link between EU citizens, businesses and civil society organisations and EU institutions, especially in the challenging times that the Union is currently going through; notes its important contribution
Amendment 10 #
Draft opinion Paragraph 3 3.
Amendment 11 #
Draft opinion Paragraph 3 3.
Amendment 12 #
Draft opinion Paragraph 4 4. Calls on the Commission to urge the Member States to ensure the strict enforcement of EU rules on the free movement of persons, in particular by ensuring full protection of the related economic, social and cultural rights; recalls that, in addition to constituting one of the fundamental freedoms of the EU and forming an integral part of EU citizenship, the free movement of persons, i
Amendment 13 #
Draft opinion Paragraph 4 4. Calls on the Commission to
Amendment 14 #
Draft opinion Paragraph 4 4. Calls on the Commission to urge the Member States to ensure the strict enforcement of EU rules on the free movement of persons; recalls that, in addition to constituting one of the fundamental freedoms of the EU and forming an integral part of EU citizenship, the free movement of persons is also of great importance for EU citizens and their families, especially in terms of access to social security, and for their perceptions of the EU, and appears as a frequent subject of petitions;
Amendment 15 #
Draft opinion Paragraph 4 4. Calls on the Commission to
Amendment 16 #
Draft opinion Paragraph 5 5.
Amendment 17 #
Draft opinion Paragraph 5 5.
Amendment 18 #
Draft opinion Paragraph 5 5. Welcomes the firm stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration; recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; regrets the non- compliance of the commitments on the refugees allocation by the EU as well as the obligation on the amount of the refugees received by the Member States; calls on the Member States to take into account also international conventions on human rights when accepting and allocating refugees; expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States;
Amendment 19 #
Draft opinion Paragraph 5 5.
Amendment 2 #
Draft opinion Paragraph 1 1. Recognises that the Committee on Petitions serves as a valuable link between EU citizens, businesses and civil society organisations and EU institutions, especially in the challenging times that the Union is currently going through;
Amendment 20 #
Draft opinion Paragraph 5 5. Welcomes the firm stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration; recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States; recalls that an effective EU migration policy needs to be based on a balance between responsibility and solidarity between the Member States;
Amendment 21 #
Draft opinion Paragraph 3 c (new) 3c. Deeply regrets the accumulated delays in connection with infringement procedure NIF 2014/4231 concerning the improper use of fixed-term contracts in the general government sector in Italy in breach of Directive 1999/70/EC; calls on the Commission to deal with this matter as soon as possible in order to ensure that EU legislation is properly enforced, while fully safeguarding the rights of citizens;
Amendment 22 #
Draft opinion Paragraph 3 d (new) 3d. Points out that austerity policies and related cuts made by Member States to their government sectors and judicial systems have deteriorated the level of protection of citizens' rights, whilst at the same time exacerbating the difficulties relating to the proper transposition of EU law;
Amendment 23 #
Draft opinion Paragraph 3 e (new) 3e. Notes that the Commission has tackled the problem of poor air quality in Europe, which has been condemned repeatedly also by citizens through their petitions, by launching a number of infringement proceedings for breach of Directive 2008/50/EC, on account of continuous exceedances of NO2 limit values; regrets, however, that in 2015 the Commission did not exercise the same powers of control to prevent the placing on the single market of pollutant, diesel- powered cars that contribute significantly to the release of NO2 in the atmosphere over these limits and that do not comply with EU rules on the type-approval and emissions of passenger and light commercial vehicles;
Amendment 24 #
Draft opinion Paragraph 3 f (new) 3f. Regrets the growing delays in the implementation of the EU Strategy for the Protection and Welfare of Animals 2012- 2015, which is effectively preventing the launch of a new EU-wide strategy that is needed to ensure full and effective protection of animal welfare through an updated, exhaustive and clear legislative framework that fully complies with the requirements of Article 13 TFEU;
Amendment 25 #
Draft opinion Paragraph 6 – point a (new) (a) Notes that the Committee on Petitions received many petitions about child welfare cases, and hopes that the current review of the Brussels IIA Regulation will help to make good the regulation's shortcomings and address failures to implement it;
Amendment 26 #
Draft opinion Paragraph 6 – point b (new) (b) Points out that shortcomings have been identified in the application of measures to counter fraud and money laundering in recent years; asks the Commission to redouble its efforts to ensure that the relevant EU rules are applied rigorously;
Amendment 27 #
Draft opinion Paragraph 6 6.
Amendment 28 #
Draft opinion Paragraph 6 6.
Amendment 29 #
Draft opinion Paragraph 6 6. Notes with appreciation the abundance of statistics demonstrating the progress achieved in resolving shortcomings in the application of EU law through the EU Pilot procedure; observes that the number of EU Pilot procedures launched in 2015 was the lowest ever recorded, while the number of infringement procedures remains considerable; regrets that transposition of directives by Member States remains a problem as indicated in the annual report 2015;
Amendment 3 #
Draft opinion Paragraph 1 1. Recognises that the Committee on Petitions could serves as a
Amendment 30 #
Draft opinion Paragraph 6 6. Notes with appreciation the abundance of statistics demonstrating the appreciable progress achieved in resolving shortcomings in the application of EU law through the EU Pilot procedure; observes that the number of EU Pilot procedures launched in 2015 was the lowest ever recorded, while the number of infringement procedures remains considerable;
Amendment 31 #
Draft opinion Paragraph 7 7. Regrets the fact that no precise statistics concerning the number of petitions that led to the initiation of an EU Pilot or infringement procedure are provided;
Amendment 32 #
Draft opinion Paragraph 7 7. Regrets the fact that no precise statistics concerning the number of petitions that led to the initiation of an EU Pilot or infringement procedure are provided; reiterates the request for the timely provision of data about these procedures by the Commission to the Committee on Petitions, where petitions and their further treatment are concerned; underlines that the provision of such information in a structured manner is also provided for in the Interinstitutional Agreement on Better Law-Making of April 2016; asks the Commission to involve petitioners in EU Pilot procedures initiated in relation to their petitions, with a view, inter alia, to facilitating dialogue between the petitioners and the national authorities concerned;
Amendment 33 #
Draft opinion Paragraph 7 7. Regrets the fact that no precise statistics concerning the number of petitions that led to the initiation of an EU Pilot or infringement procedure are provided;
Amendment 34 #
Draft opinion Paragraph 3 – point a (new) (a) Points out that whistle-blowers can usefully inform EU as well as national institutions about cases of misapplication of Union law; reiterates that they should be encouraged to do so, rather than obstructed;
Amendment 35 #
Draft opinion Paragraph 3 – point b (new) (b) Calls on the Commission, when it is evaluating the impact of Union law, to involve all the stakeholders, particularly the social partners, NGOs and consumer protection organisations;
Amendment 36 #
Draft opinion Paragraph 3 a (new) 3a. Points out that, even though, under the Treaty provisions, Member States have the primary responsibility for correctly transposing, applying and implementing EU law, this does not exempt the EU institutions from their duty to ensure adequate monitoring and specific, careful checks on cases of alleged infringement of EU law, especially if they have been reported by citizens through petitions;
Amendment 37 #
Draft opinion Paragraph 3 b (new) 3b. Points out that delays and non- compliances regarding EU Pilot and infringement procedures, by preventing timely remedies to breaches of EU law, undermine, inter alia, the full enjoyment of the right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of European Union;
Amendment 38 #
Draft opinion Paragraph 8 8. Supports the introduction of the Better Regulation Agenda
Amendment 39 #
Draft opinion Paragraph 8 8. Supports the introduction of the Better Regulation Agenda as an effort by the Commission to assist Member States in implementing and enforcing EU law effectively; highlights, in this context, the importance of explanatory documents, which facilitate and expedite the exchange of information between the Commission and the Member States, thus ensuring better understanding of transposition measures
Amendment 4 #
Draft opinion Paragraph 2 2. Acknowledges that petitions are a source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation; confirms that
Amendment 40 #
Draft opinion Paragraph 8 8.
Amendment 41 #
Draft opinion Paragraph 8 8. Supports the introduction of the Better Regulation Agenda as an effort by the Commission to assist Member States in implementing and enforcing EU law effectively; highlights, in this context, the importance of explanatory documents, which
Amendment 42 #
Draft opinion Paragraph 3 – point c (new) (c) Calls on the Commission to continue its active involvement in developing the various measures for improving the observance, implementation and application of Union law in the Member States; and to include in its next annual report data on rates of implementation for EU regulations, in the same way that it already does for Union directives;
Amendment 43 #
Draft opinion Paragraph 8 a (new) 8a. Welcomes the Commission's efforts to inform citizens about their rights and ensure that they have appropriate means of redress, and calls on the Commission to include in its evaluation report more detailed information about the use of the special platforms for that purpose;
Amendment 44 #
Draft opinion Paragraph 8 a (new) 8 a. Calls on the Member States to avoid the practice of "gold-plating" in order to reduce overregulation and administrative burdens that would have a negative effect on EU citizens and businesses; believes that unnecessary national measures going beyond EU requirements increase Euroscepticism and undermine EU legitimacy and actions;
Amendment 5 #
Draft opinion Paragraph 2 2. Acknowledges that petitions are a source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation;
Amendment 6 #
Draft opinion Paragraph 2 2. Acknowledges that petitions are a source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation as well as citizens' proposals on new legislation; confirms that petitions enhance and challenge the capacity of the Commission and the Parliament to react to and resolve problems relating to transposition and misapplication; notes with appreciation that the Commission considers the implementation of EU law a priority, so that citizens can benefit from it in their everyday lives;
Amendment 7 #
Draft opinion Paragraph 2 2. Acknowledges that petitions are a major source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation; confirms that petitions enhance the capacity of the Commission and the Parliament to react to and resolve problems relating to transposition and misapplication; notes
Amendment 8 #
Draft opinion Paragraph 3 3. Commends the focus of the Commission’s Annual Report on the enforcement of EU law; notes that petitioners very frequently refer to violations of EU law, particularly in the fields of employment and social affairs, the environment, justice, fundamental rights, the internal market, transport and health; draws attention to the fact that the Report highlights how the Commission regarded these sectors as a political priority in 2015; emphasises that delays in implementation are detrimental to legal certainty;
Amendment 9 #
Draft opinion Paragraph 3 3. Commends the focus of the Commission
source: 601.047
2017/03/10
JURI
72 amendments...
Amendment 1 #
Motion for a resolution Citation 14 a (new) - having regard to its resolution of 25 October 2016 containing recommendations to the Commission on the establishment of an EU mechanism for democracy, the rule of law and fundamental rights,
Amendment 10 #
Motion for a resolution Recital C a (new) Ca. whereas the Union has a number of instruments and processes to ensure the full and correct application of the principles and values enshrined in the Treaty, but in practice these instruments appear to be of limited scope, inadequate or ineffective;
Amendment 11 #
Motion for a resolution Recital C b (new) Cb. whereas it is therefore necessary to establish a new mechanism, providing a single and coherent framework, building on existing instruments and mechanisms, which should be applied in a uniform manner to all EU institutions and all its Member States;
Amendment 12 #
Motion for a resolution Recital F Amendment 13 #
Motion for a resolution Recital G G. whereas in 2015, the Commission received 3 450 complaints reporting potential breaches of EU law
Amendment 14 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s 2015 annual report on the application of EU law, and notes that
Amendment 15 #
Motion for a resolution Paragraph 1 1.
Amendment 16 #
Motion for a resolution Paragraph 1 1.
Amendment 17 #
Motion for a resolution Paragraph 1 1.
Amendment 18 #
Motion for a resolution Paragraph 1 – subparagraph 1 (new) Notes, in particular, that the Commission has tackled the problem of poor air quality in Europe by launching a number of infringement proceedings for breach of Directive 2008/50/EC, on account of continuous exceedances of the NO2 limit values; regrets, however, that in 2015 the Commission did not exercise the same powers of control to prevent the placing on the single market of pollutant, diesel- powered cars that contribute significantly to the release of NO2 into the atmosphere over these limits and that do not comply with EU rules on the type-approval and emissions of passenger and light commercial vehicles;
Amendment 19 #
Motion for a resolution Paragraph 1 a (new) 1a. Notes that according to this report the three fields in which Member States were mostly subject to transposition infringement proceedings in 2015 were mobility and transport, energy and the environment; calls on the Commission to outline the specific reasons for this in greater detail;
Amendment 2 #
Motion for a resolution Citation 14 a (new) - having regard to its resolution of 9 June 2016 for an open, efficient and independent European Union administration1a, _________________ 1a Texts adopted, P8_TA(2016)0279
Amendment 20 #
Motion for a resolution Paragraph 1 a (new) 1a. Notes that these areas were also the subject of most of the investigations opened under the EU Pilot system in 2015, with the main Member States concerned being Italy, Portugal and Germany;
Amendment 21 #
Motion for a resolution Paragraph 2 2. Considers that the large number of infringement procedures in 2015 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge
Amendment 22 #
Motion for a resolution Paragraph 2 2. Considers that the large number of infringement procedures in 2015 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge
Amendment 23 #
Motion for a resolution Paragraph 2 a (new) 2a. Notes that, at the end of 2015, 1 368 infringement cases remained open, representing a slight increase over the previous year but still below the 2011 level;
Amendment 24 #
Motion for a resolution Paragraph 3 3. Recognises that the primary responsibility for the correct implementation and application of EU law lies with the Member States, but points out that this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law; emphasises, however, that the Commission makes available to the Member States a series of instruments designed to help them find joint solutions, such as handbooks, groups of experts, special internet sites, from dialogue concerning transposition plans to documents explaining how to recognise transposition problems early and address them;
Amendment 25 #
Motion for a resolution Paragraph 3 3. Recognises that the primary responsibility for the correct implementation and application of EU law lies with the Member States, but points out that this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law. Furthermore Proportionality must also be respected;
Amendment 26 #
Motion for a resolution Paragraph 3 a (new) 3a. Notes that timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States, with a view to avoiding breaches of EU law while delivering to individuals and businesses the intended benefits made possible by the efficient and effective application of EU law;
Amendment 27 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Commission once again to bring together all the various portals, access points and information websites in a single gateway that will provide citizens with easy access to on- line complaint forms and user-friendly information on infringement procedures;
Amendment 28 #
Motion for a resolution Paragraph 3 b (new) 3b. Notes that the Commission insists that the Member States notify it should they decide, when transposing directives into national law, to add elements which make it clear to the public which provisions are the EU's responsibility and which the Member State's; points out, at the same time, that this is without prejudice to the right of Member States to lay down, for example, higher social and environmental standards at national level;
Amendment 29 #
Motion for a resolution Paragraph 3 b (new) 3b. Stresses that time-limits for transposition must be enforced; urges the European institutions to set realistic time- limits for enforcement;
Amendment 3 #
Motion for a resolution Citation 14 b (new) - having regard to Articles 267 and 288 of the Treaty on the Functioning of the European Union,
Amendment 30 #
Motion for a resolution Paragraph 4 4. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 TEU);
Amendment 31 #
Motion for a resolution Paragraph 4 4. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 TEU)
Amendment 32 #
Motion for a resolution Paragraph 4 4. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 TEU); reiterates that careful monitoring of
Amendment 33 #
Motion for a resolution Paragraph 4 a (new) 4a. Reiterates that careful monitoring of Member States’ and EU institutions’ acts and omissions is of utmost importance, and expresses its concern at the number of petitions to Parliament and complaints to the Commission;
Amendment 34 #
Motion for a resolution Paragraph 4 a (new) 4a. Recalls its resolution of 25 October 2016 and calls on the Commission to act on the Parliament's recommendations in this resolution;
Amendment 35 #
Motion for a resolution Paragraph 4 b (new) 4b. Acknowledges that Parliament also has a crucial role to play by exercising political oversight of the Commission’s enforcement actions, scrutinising the annual reports on monitoring the implementation of EU law and adopting relevant parliamentary resolutions; suggests that Parliament could contribute further to the timely and accurate transposition of EU legislation by sharing its expertise in the legislative decision-making process through pre- established links with national parliaments;
Amendment 36 #
Motion for a resolution Paragraph 5 5. Underlines the important role of the social partners, civil society organisations and other stakeholders in creating
Amendment 37 #
Motion for a resolution Paragraph 5 5. Underlines the important role of the social partners, civil society organisations, the European Economic and Social Committee, the Committee of the Regions and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States;
Amendment 38 #
Motion for a resolution Paragraph 6 6. Welcomes the decrease of around 30 % from 2014 in the number of new EU Pilot files opened in 2015 (881 as against 1208 in 2014); notes, however, that the average resolution rate remains stable
Amendment 39 #
Motion for a resolution Paragraph 7 7. Welcomes the fact that for the first time since 2011, the number of new complaints has decreased by around 9 % compared to 2014, with a total of 3450 new complaints; notes, in this connection, that the five policy areas with the highest number of complaints are: employment, inclusion and social affairs; internal market, industry, entrepreneurship and SMEs; justice and consumers; taxation and customs union and the environment; notes that together these account for 72 % of all complaints submitted against the Member States in 2015;
Amendment 4 #
Motion for a resolution Recital A A. whereas Article 17 of the Treaty on European Union (TEU) defines the
Amendment 40 #
Motion for a resolution Paragraph 7 7. Welcomes the fact that for the first time since 2011, the number of new complaints has decreased by around 9 % compared to 2014, with a total of 3450 new complaints; notes with great concern, however, that the area of employment, social affairs and inclusion shows the highest number of new complaints;
Amendment 41 #
Motion for a resolution Paragraph 7 7.
Amendment 42 #
Motion for a resolution Paragraph 7 a (new) 7a. Regrets that, in 2015, Member States did not deliver in all cases on their commitment to provide explanatory documents together with the national measures transposing the directives into their legal order; takes the view that the Commission should offer the Member States more support in the process of drawing up these explanatory documents and correlation tables; encourages the Commission to continue to report to Parliament and the Council on explanatory documents in the annual reports on the application of EU law;
Amendment 43 #
Motion for a resolution Paragraph 7 b (new) 7b. Is of the opinion that financial penalties for non-compliance with EU law should be effective, proportionate and dissuasive, taking into account repeated failures in the same field, and that Member States’ legal rights must be respected;
Amendment 44 #
Motion for a resolution Paragraph 8 Amendment 45 #
Motion for a resolution Paragraph 8 Amendment 46 #
Motion for a resolution Paragraph 9 Amendment 47 #
Motion for a resolution Paragraph 9 9. Highlights that all EU institutions
Amendment 48 #
Motion for a resolution Paragraph 10 Amendment 49 #
Motion for a resolution Paragraph 10 Amendment 5 #
Motion for a resolution Recital B B. whereas pursuant to Article 4(3) TEU, Articles 288(3) and Article 291(1) TFEU the Member States have the primary responsibility for transposing, applying and implementing EU law correctly and within the time-limits set, as well as to provide sufficient remedies to ensure effective legal protection in the fields covered by EU law;
Amendment 50 #
Motion for a resolution Paragraph 11 Amendment 51 #
Motion for a resolution Paragraph 11 Amendment 52 #
Motion for a resolution Paragraph 12 Amendment 53 #
Motion for a resolution Paragraph 12 Amendment 54 #
Motion for a resolution Paragraph 13 Amendment 55 #
Motion for a resolution Paragraph 13 Amendment 56 #
Motion for a resolution Paragraph 13 13. Expresses its concern that the austerity measures which EU institutions imposed on over-indebted EU Member States, in particular the drastic cuts in public spending, have had the effect of reducing significantly the capacity of Member States’ administration and judiciary to assume their responsibility to
Amendment 57 #
Motion for a resolution Paragraph 14 14.
Amendment 58 #
Motion for a resolution Paragraph 14 14.
Amendment 59 #
Motion for a resolution Paragraph 14 14.
Amendment 6 #
Motion for a resolution Recital B a (new) Ba. whereas, according to settled case law of the Court of Justice, the Member States must supply the Commission with clear and precise information on the way in which they transpose EU directives into national law1a; _________________ 1aCase C-427/07, Commission/Ireland, paragraph 107
Amendment 60 #
Motion for a resolution Paragraph 14 a (new) 14a. Regrets the fact that significant shortcomings in the implementation and enforcement of EU environmental legislation persist in some Member States; notes that this is particularly the case in waste management, wastewater treatment infrastructure and compliance with air quality limit values; considers, in this context, that the Commission should seek to identify the causes of this situation in the Member States;
Amendment 61 #
Motion for a resolution Paragraph 14 a (new) 14 a. Regrets the enduring status quo and virtual stagnation in infringement procedures. Urges, that the Commission actively follow-up particularly on high- profile cases 14a and strictly adhere to the procedural requirements, as set out in Articles 258 and 260 (3) of the Treaty on the Functioning of the European Union (TFEU); _________________ 14aSee inter alia: European Commission. Transport: Commission takes legal action against the systematic application of the French and German minimum wage legislation to the transport sector. Europa.eu. N.p., 16 June 2016. Web.
Amendment 62 #
Motion for a resolution Paragraph 15 15. Encourages the EU institutions to assume their duty to respect primary EU law when they create rules of secondary EU law, decide policies or sign agreements or treaties with institutions outside the EU, and also to assume their duty to assist EU Member States by all means available in their efforts to respect the values and principles of the Union, especially
Amendment 63 #
Motion for a resolution Paragraph 15 15. Encourages the EU institutions to continue to assume their duty to respect primary EU law when they create rules of secondary EU law, decide policies or sign agreements or treaties with institutions outside the EU, and also to assume their duty to assist EU Member States by all means available in their efforts to transpose EU legislation in all areas and to respect the values and principles of the Union
Amendment 64 #
Motion for a resolution Paragraph 15 a (new) 15a. Notes that the legislation which gives rise to the most flagrant infringement proceedings is the result of directives; recalls that regulations are directly and compulsorily applicable in all the Member States; calls, therefore, on the Commission to make use of regulations as far as possible whenever it considers issuing legislative proposals; considers that such an approach could mitigate the risk of over-regulation;
Amendment 65 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to make compliance with EU law a real political priority, to be pursued in close collaboration with Parliament, which has a duty to keep the Commission politically accountable and, as co-legislator, to make sure that it is itself fully informed, with a view to constantly improving its legislative work;
Amendment 66 #
Motion for a resolution Paragraph 15 a (new) 15 a. Recalls that, in its resolutions of 15 January 2013 and 9 June 2016, Parliament called for the adoption of a regulation on an open, efficient and independent European Union administration under Article 298 TFEU; and asks the Commission to further consider the proposal for a regulation annexed to the last mentioned resolution;
Amendment 67 #
Motion for a resolution Paragraph 15 a (new) 15a. Points out that sincere cooperation between the Commission and Parliament is an obligation incumbent on both institutions; calls on the Commission, therefore, to provide a follow-up to every European Parliament resolution on monitoring the implementation of EU law;
Amendment 68 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to present to the European Parliament and the Council an objective report on the concrete results of Union legislation on employment, growth and competitiveness in the Member States;
Amendment 69 #
Motion for a resolution Paragraph 15 b (new) 15 b. Notes that the existing rules of good administration are scattered across a wide variety of legal sources and this lack of a coherent and comprehensive set of codified rules makes it difficult for citizens to understand their administrative rights under Union law; emphasizes that codifying the rules of good administration in the form of a regulation setting out the various aspects of the administrative procedure – including notifications, binding time limits, the right to be heard, and the right for every person to have access to his or her file – is tantamount to reinforcing citizens' rights and transparency;
Amendment 7 #
Motion for a resolution Recital B a (new) Ba. whereas the values enshrined in Article 2 of the Treaty on European Union are the cornerstone of the Union's foundations and the observance of these values by Member States should therefore be the subject of constant evaluation;
Amendment 70 #
Motion for a resolution Paragraph 15 b (new) 15b. Recalls that preliminary rulings help to clarify the manner in which the law of the European Union is to be applied; considers that recourse to this procedure allows a uniform interpretation and implementation of European legislation; encourages, therefore, national courts to refer questions to the Court of Justice of the European Union in the event of doubt and thus prevent infringement proceedings;
Amendment 71 #
Motion for a resolution Paragraph 15 c (new) 15 c. Underlines that the intent of the codification of administrative procedures is not to replace existing EU legislation, but rather to supplement this when gaps or problems arise regarding interpretation, and to bring more accessibility, clarity and coherence to the interpretation of existing rules, for the benefit of citizens and businesses and of the administration and its officials;
Amendment 72 #
Motion for a resolution Paragraph 15 d (new) 15 d. Recalls, therefore, once more on the Commission to come forward with a comprehensive legislative proposal on a European law of administrative procedure, taking into account all the steps already taken by Parliament in this field;
Amendment 8 #
Motion for a resolution Recital B b (new) Bb. whereas, in accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission1a and the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission2a, Member States may, when notifying the Commission of national transposition measures, have an obligation, in justified cases, also to provide supporting information in the form of 'explanatory documents' setting out the way in which they have transposed the directives into their national legislation3a; _________________ 1a OJ 2011/C 369/02 2a OJ 2011/C 369/03 3a In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislative body considers the transmission of such documents to be justified.
Amendment 9 #
Motion for a resolution Recital C source: 601.081
2017/05/16
AFCO
59 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Points to the
Amendment 10 #
Draft opinion Paragraph 2 2.
Amendment 11 #
Draft opinion Paragraph 2 2.
Amendment 12 #
Draft opinion Paragraph 2 2.
Amendment 13 #
Draft opinion Paragraph 2 2.
Amendment 14 #
2.
Amendment 15 #
Draft opinion Paragraph 2 a (new) 2 a. Recognises that the primary responsibility for the correct implementation and application of EU law lies with the Member States; notes however that this does not absolve the EU institutions of their duty to uphold primary EU law when they produce secondary EU law;
Amendment 16 #
Draft opinion Paragraph 3 3. Stresses the importance of transparency in the drafting and application of law by the EU institutions, the Member States and regional authorities; points out, that in the interest of both facilitating the implementation of EU law by the Member States and making it accessible to EU citizens, EU legislation needs to be clear, understandable, consistent and precise, while also taking into consideration the jurisprudence of the Court of Justice of the EU, which insists on the need for foreseeability and predictability in EU norms1 ; underlines that making it clear which national authorities are responsible for ensuring the correct implementation of national law adopted in the transposition of EU law would surely contribute to the objective; _________________ 1 Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08 ECLI:EU:C:2009:539, paragraph 46.
Amendment 17 #
Draft opinion Paragraph 3 3. Stresses the importance of transparency in the drafting and application of law by the EU institutions, the Member States and regional authorities; points out, that in the interest of both facilitating the implementation of EU law by the Member States and making it accessible to EU citizens, EU legislation needs to be clear, understandable, consistent and precise, while also taking into consideration the
Amendment 18 #
Draft opinion Paragraph 3 3. Stresses the importance of transparency in the drafting and application of law by the EU institutions
Amendment 19 #
Draft opinion Paragraph 3 a (new) 3 a. Recalls, as already stated in the past, that in a European Union founded on the rule of law and on the certainty and predictability of laws, EU citizens have the right to be made aware in a clear, accessible, transparent and timely manner whether national laws have been adopted in the transposition of EU laws, and which;
Amendment 2 #
Draft opinion Paragraph 1 1. Points
Amendment 20 #
Draft opinion Paragraph 4 4. Emphasises the principle of transparency as enshrined in the EU Treaties as well as the right of EU citizens to justice and good administration, as stipulated in Articles 41 and 47 of the EU Charter of Fundamental Rights, given that those articles require citizens to have adequate access to drafts of the legal acts that concern them;
Amendment 21 #
Draft opinion Paragraph 5 5. Calls, in this respect, for the commitment of all EU institutions engaged in the legislative process to enhance the drafting quality of legislative texts, in line with the commitment undertaken in the Better Law-Making Agenda; considers that the 1998 Inter-institutional Agreement on common guidelines for the quality of drafting of Community legislation should be substantially adapted in order to deliver on that objective; reiterates the provision in the Inter-institutional Agreement on Better Law-Making that calls on Member States when transposing EU directives into national law, in cases where they choose to add elements that are in no way related to Union legislation to make these additions identifiable either through the transposing act or through explanatory documents;
Amendment 22 #
Draft opinion Paragraph 5 5. Calls, in this respect, for the commitment of all EU institutions engaged in the legislative process to further enhance the drafting quality of legislative texts, in line with the commitment undertaken in the Better Law-Making Agenda; considers that the 1998 Inter- institutional Agreement on common guidelines for the quality of
Amendment 23 #
Draft opinion Paragraph 5 5. Calls, in this respect, for the commitment of all EU institutions engaged in the legislative process to enhance the drafting quality of legislative texts, in line with the commitment undertaken in the Better Law-Making Agenda; considers that the 1998 Inter-institutional Agreement on common guidelines for the quality of drafting of Community legislation should be
Amendment 24 #
Draft opinion Paragraph 5 a (new) Amendment 25 #
Draft opinion Paragraph 6 6. Points out that the inclusion of national parliaments in the law-making process will foster effective application of EU law;
Amendment 26 #
Draft opinion Paragraph 6 6. Points out that the inclusion of national parliaments in the law-making process
Amendment 27 #
Draft opinion Paragraph 6 6. Points out that the
Amendment 28 #
Draft opinion Paragraph 6 6. Promotes the use of the IPEX platform as a tool for mutual exchange of information between national parliaments and the European Parliament; points out that the inclusion of national parliaments in the law-making process
Amendment 29 #
Draft opinion Paragraph 6 6.
Amendment 3 #
Draft opinion Paragraph 1 1.
Amendment 30 #
Draft opinion Paragraph 6 6. Points out that
Amendment 31 #
Draft opinion Paragraph 6 a (new) 6 a. Encourages closer cooperation and strengthening of the links between the European Parliament and national parliaments; recalls the scrutiny function of national parliaments regarding their government's involvement in the decision- making process in the Council of the European Union, and stresses the need for consultations and regular exchange of views between the European Parliament and national parliaments, especially in the initial stages of the law-making process;
Amendment 32 #
Draft opinion Paragraph 6 a (new) 6 a. Encourages the Commission to provide citizens with an integrated platform to help centralise complaints and irregularities in the implementation of EU legislation;
Amendment 33 #
Draft opinion Paragraph 7 7. Insists that national parliaments have an essential role to play in both pre- legislative scrutiny of draft legal acts and post-legislative scrutiny of their correct implementation by the Member States; highlights its continued determination to support them in such efforts and emphasises the role of national parliaments in avoiding the practice of 'gold-plating', thereby preventing over- regulation and unnecessary administrative burdens; expects Member States to clearly indicate and document national rules and regulatory obligations that are added to EU legislation in the implementation process; is worried that excessive national measures added to EU legislation unnecessarily increase levels of Euroscepticism;
Amendment 34 #
Draft opinion Paragraph 7 7.
Amendment 35 #
Draft opinion Paragraph 7 7. Insists that national parliaments have an essential role to play in both pre- legislative scrutiny of draft legal acts and post-legislative scrutiny of their correct implementation by the Member States;
Amendment 36 #
Draft opinion Paragraph 7 7. Insists that national parliaments also have an essential role to play in
Amendment 37 #
Draft opinion Paragraph 7 7. Insists that national parliaments have an
Amendment 38 #
Draft opinion Paragraph 7 a (new) 7 a. Supports the Commission initiative to provide enhanced guidance and assistance to Member States using concrete tools in order to achieve better implementation record of EU law;
Amendment 39 #
Draft opinion Paragraph 8 8. Notes that the system of exchange of information and cooperation between
Amendment 4 #
Draft opinion Paragraph 1 1. Points
Amendment 40 #
Draft opinion Paragraph 8 8. Notes that the system of exchange of information and cooperation between committees of national parliaments working with the EU (in the framework of COSAC)
Amendment 41 #
Draft opinion Paragraph 8 8. Notes that the system of exchange of information and cooperation between committees of national parliaments working with the EU
Amendment 42 #
Draft opinion Paragraph 8 a (new) 8 a. Calls for better cooperation between the European Parliament and the Commission in the field of monitoring and ensuring the proper implementation of EU law, and reiterates its call for the creation within the relevant Directorates- General (DG IPOL, DG EXPO and DG EPRS) of an autonomous system for ex- post assessment of the impact of the most important EU laws adopted by the European Parliament under co-decision with the Council in accordance with the ordinary legislative procedure, including by means of cooperation with the national parliaments, as already stated in its resolution of 10 September 2015 on the 30th and 31st annual reports on monitoring the application of EU law (2012-2013)1a; _________________ 1a Texts adopted, P8_TA(2015)0322.
Amendment 43 #
Draft opinion Paragraph 9 Amendment 44 #
Draft opinion Paragraph 9 9. Highlights the need for Parliament to also monitor the Commission’s enforcement of regulations in the same way it does with directives; requests the Commission to ensure that the data on the implementation of regulations is provided in its future annual reports on the monitoring of the application of EU law; calls on the Member States to submit national legislation transposing or implementing regulations to the Commission with a view to ensuring its correct compliance and to specify which parts stem from EU legislation and which parts are national additions;
Amendment 45 #
Draft opinion Paragraph 10 Amendment 46 #
Draft opinion Paragraph 10 10. Believes that the Commission’s efforts should go beyond simple guidelines with no binding legal force; insists on the need for both efficiency and legal certainty in the pre-infringement phase;
Amendment 47 #
Draft opinion Paragraph 10 10.
Amendment 48 #
Draft opinion Paragraph 10 10. Believes that the Commission’s efforts
Amendment 49 #
Draft opinion Paragraph 10 a (new) 10 a. Regrets the fact that it does not yet receive transparent and timely information on the implementation of EU laws; recalls that, in the revised Framework Agreement on relations between the European Parliament and the Commission, the Commission undertakes to 'make available to Parliament summary information concerning all infringement procedures from the letter of formal notice, included, if so requested, [...] on the issues to which the infringement procedure relates', and expects this clause to be applied in good faith in practice;
Amendment 5 #
Draft opinion Paragraph 1 1.
Amendment 50 #
Draft opinion Paragraph 10 a (new) 10 a. Expresses its concern that the austerity measures which the EU institutions have imposed on over- indebted Member States, in particular the drastic cuts on public spending, have had the effect of significantly reducing the capacity of Member States' administration and judiciary to assume their responsibility to properly implement EU law;
Amendment 51 #
Draft opinion Paragraph 10 a (new) 10 a. Welcomes a sustained dialogue between the Commission and the Member States with a view to strengthening the enforcement of EU law by means of a structured and systematic approach;
Amendment 52 #
Draft opinion Paragraph 11 11.
Amendment 53 #
Draft opinion Paragraph 11 11.
Amendment 54 #
Draft opinion Paragraph 11 a (new) 11 a. Stresses that the Memoranda of Understanding and their implementation are not governed by EU law, even where Member States are obliged thereunder by the EU institutions to take austerity measures; points out that they are therefore not considered EU acts, with the result that the Charter of Fundamental Rights of the EU is not applicable to them among other things1a; _________________ 1a see inter alia ECJ, C-370/12, par. 161 ff., 178 ff.; ECJ, C-8/15 P to C-10/15 P, par. 67 ff.
Amendment 55 #
Draft opinion Paragraph 11 b (new) 11 b. Highlights that all EU institutions, even if are members of groups of international lenders (‘troikas’), are bound by the EU Treaties and the Charter of Fundamental Rights of the EU2a; _________________ 2a ECJ, C-8/15 P to C-10/15 P, par. 67 ff.
Amendment 56 #
Draft opinion Paragraph 11 c (new) 11 c. Stresses that the tasks allocated to the Commission or other EU institutions under Article 13(3) and (4) of the ESM Treaty or other relevant Treaties oblige them to ensure that Memoranda of Understanding concluded by the aforementioned Treaties are consistent with EU law; notes therefore that the EU institutions must refrain from signing any Memorandum of Understanding where there are doubts about its compatibility with EU law3a; _________________ 3a ECJ, C-8/15 P to C-10/15 P, par. 58 ff.; ECJ, C-370/12, par. 164.
Amendment 57 #
Draft opinion Paragraph 11 d (new) 11 d. Regrets that the annual reviews by the Commission, the ECB and the Council of economic adjustment programmes for members of the euro area have imposed obligations on Member States, which in some cases run contrary to the objectives and values of the EU as expressed in the EU Treaties and the Charter of Fundamental Rights of the EU4a; _________________ 4a see inter alia: PE 510.021.
Amendment 58 #
Draft opinion Paragraph 11 e (new) 11 e. Deplores the poor state of domestic transposition and practical implementation of EU level asylum standards, including the implementation of the EU reception conditions pursuant to Directive 2013/335a, by Member States; condemns the Member States’ highly inadequate implementation of the relocation mechanism proposed by the Commission to deal with the refugee crisis; calls therefore on the Commission to pay particular attention to the implementation of measures also adopted in the area of asylum and migration in order to ensure that they comply with the principles enshrined in the Charter of Fundamental Rights of the EU and to launch the necessary infringement proceedings where appropriate; _________________ 5a OJ L 180, 29.6.2013, p. 96.
Amendment 59 #
Draft opinion Paragraph 11 f (new) Amendment 6 #
Draft opinion Paragraph 1 a (new) 1 a. Considers that the high number of infringement procedures in 2015 shows that ensuring timely and correct application of EU legislation in the Member States remains a serious challenge and priority for the EU;
Amendment 7 #
Draft opinion Paragraph 1 b (new) 1 b. Emphasises that the EU was established as a Union based on the rule of law and respect for human rights (Article 2 TEU); highlights that careful monitoring of acts and omission by the Member States and EU institutions is of utmost importance;
Amendment 8 #
Draft opinion Paragraph 2 Amendment 9 #
Draft opinion Paragraph 2 2.
source: 604.709
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