2018/2112(INI) | [ParlTrack]

Motion for a resolution
Recital H

H. whereas ~~it seems likely~~, without the use of bridging clauses to move from unanimity to qualified majority voting in the Council and in the absence of a thorough reform of the Treaties, it seems possible in the future that the Member States would need to resort ~~more and more often~~ to the provisions on enhanced cooperation in order to address common problems and to attain common goals;

Amendment 11 #

Motion for a resolution
Paragraph 1

1. Is concerned by the fact that even though enhanced cooperation offers a solution to a common problem, by taking advantage of the Union institutional structure and thereby reducing the administrative costs for the participating Member States, it has not completely eliminated the need to resort to forms of intergovernmental subgrouping solutions outside the Treaties, which have a negative impact with regard to the consistency of the EU legal framework and the lack of appropriate democratic scrutiny;

Amendment 12 #

Motion for a resolution
Paragraph 1 a (new)

1 a. Believes that the single institutional framework of the Union should be preserved in order to achieve the Union's common objectives and to guarantee the principle of equality of all citizens; insists that the Community or Union method should be respected;

Amendment 13 #

Motion for a resolution
Paragraph 3

3. Points out that even though enhanced cooperation has not been used extensively since its inception in the Treaty of Amsterdam, it seems to be gaining importance and delivers tangible results, provided that it is free, flexible, sectoral and open;

Amendment 14 #

Motion for a resolution
Paragraph 3

3. Points out that ~~even though~~ enhanced cooperation, due its nature as a last resort measure, has not been used extensively since its inception in the Treaty of Amsterdam,; notes, however, that it seems to be gaining importance and delivers tangible results;

Amendment 15 #

Motion for a resolution
Paragraph 5 a (new)

5 a. Notes that the lack of clear operational guidelines for creating and administrating enhanced cooperation as for example the applicable law for common institutions or withdrawal procedures from an existing cooperation might have rendered the conclusion of enhanced cooperation less likely;

Amendment 16 #

Motion for a resolution
Paragraph 6

6. Recalls that even though enhanced cooperation benefits from the Union institutional and legal order, its automatic integration into the acquis is not foreseen;

Amendment 17 #

Motion for a resolution
Paragraph 7

7. Believes that even though enhanced cooperation is considered as a second-best scenario, it is still a viable tool for problem-solving on the Union level and a tool to overcome ~~some of the institutional deadlock~~the supranationalist dead-end by finally facilitating the differentiated forms of cooperation that form the basis of the best European achievements, which exclude any forced unification from above, are in keeping with a modern Europe organised according to the principle of networks and would make it possible to launch joint European scientific, energy, industrial and even cultural projects;

Amendment 18 #

Motion for a resolution
Paragraph 10

10. Points out that the political impetus for enhanced cooperation should come from the Member States~~, but discussions on its contents should be based on a Commission proposal~~;

Amendment 19 #

Motion for a resolution
Paragraph 10

10. Points out that the political impetus for enhanced cooperation should come from the Member States, but discussions on its contents should be based on a Commission proposal, where available;

Amendment 2 #

Motion for a resolution
Recital A

A. whereas the Union has a particular interest in implementing enhanced cooperation in certain areas of non- exclusive EU competences in order to move forward ~~the~~ European projects and to facilitate the life of citizens;

Amendment 20 #

Motion for a resolution
Paragraph 10 a (new)

10a. Believes that in order to promote the freedom, flexibility and thus multiplicity of differentiated forms of cooperation needed to face the common challenges facing us, the very broad objectives of cooperation, as set out in Article 20 TEU, must be understood as so many different possible objectives, i.e. they are not cumulative but alternatives;

Amendment 21 #

Motion for a resolution
Paragraph 12

12. Believes that the period covering two consecutive Council presidencies should be the maximum time period to conclude that the alternative objectives of cooperation cannot be attained by the Union as a whole, as required by the wording of Article 20 TEU;

Amendment 22 #

Motion for a resolution
Paragraph 12

12. Believes that ~~the period covering two consecutive Council presidencies should be the maximum time period to~~it should be concluded that the objectives of cooperation cannot be attained by the Union as a whole, as required by the wording of Article 20 TEU, if during a period covering two consecutive Council presidencies no substantive progress has been made in the Council;

Amendment 23 #

Motion for a resolution
Paragraph 12

12. Believes that the period covering twohree consecutive Council presidencies should be the maximum time period to conclude that the objectives of cooperation cannot be attained by the Union as a whole, as required by the wording of Article 20 TEU;

Amendment 24 #

Motion for a resolution
Paragraph 12 a (new)

12a. Recommends that a request by Member States wishing to establish enhanced cooperation between themselves should in principle be based on objectives at least as ambitious as those presented by the Commission before it is established that they cannot be achieved within a reasonable time by the Union as a whole;

Amendment 25 #

Motion for a resolution
Paragraph 12 a (new)

12 a. Suggests that the requirements for establishing enhanced cooperation should be made less restrictive, inter alia by lowering the minimum number of participating Members States;

Amendment 26 #

Motion for a resolution
Paragraph 13

13. Strongly recommends that the special passerelle clause enshrined in Article 333 TFEU be activated to switch from unanimity to QMV, and from a special to the ordinary legislative procedure, immediately after an agreement on the start of enhanced cooperation is approved by the Council, in order to avoid new blockages if the number of participating Member States is significant;deleted

Amendment 27 #

Motion for a resolution
Paragraph 14

14. Finds it necessary that the decision authorising enhanced cooperation should specify the framework for relations with the non-participating Member States; considers that Member States not participating in the enhanced cooperation should ~~nevertheless be fully involved in the deliberations on the subject of enhanced~~be kept fully and comprehensively informed about developments in such cooperation;

Amendment 28 #

Motion for a resolution
Paragraph 14

14. Finds it necessary that the decision authorising enhanced cooperation should specify the framework for relations with the non-participating Member States; considers that Member States not participating in the enhanced cooperation should nevertheless be ~~fully~~ involved in the deliberations on the subject of enhanced cooperation;

Amendment 29 #

Motion for a resolution
Paragraph 15

15. Recalls that both the Commission and the Council secretariats have an important role to play in ensuring that the non-participating Member ~~States do not feel left behind by the activation of enhanced cooperation~~s of enhanced cooperation are not left behind in a way that makes their participation at a later stage burdensome or deterrent.;

Amendment 3 #

Motion for a resolution
Recital A a (new)

A a. whereas, pursuant to Article 20(2) TEU, enhanced cooperation is meant to be a measure of last resort when the objectives of a cooperation cannot be attained within a reasonable period by the Union as a whole;

Amendment 30 #

Motion for a resolution
Paragraph 16

~~16. Recommends that the Commission play an active role in all stages of enhanced cooperation from the proposal through the deliberations to the implementation of enhanced cooperation;~~deleted

Amendment 31 #

Motion for a resolution
Paragraph 17

17. Affirms that the unity of EU institutions should be maintained and that enhanced cooperation should not lead to the creation of parallel institutional arrangements, but could allow specific bodies to be established where appropriate, within the EU legal framework, without prejudice to the competences and role of the Union institutions and bodies;

Amendment 32 #

Motion for a resolution
Paragraph 17

17. Affirms that the unity of EU institutions should be maintained ~~and~~but that enhanced cooperation ~~should not~~may lead to the creation of ~~parallel~~ad hoc, case-by-case institutional arrangements, but could allow specific bodies to be established where appropriate, without prejudice to the competences and role of the Union institutions and bodies;

Amendment 33 #

Ramón JÁUREGUI ATONDO, Mercedes BRESSO

Motion for a resolution
Paragraph 18

18. Calls for the stronger involvement of national parliaments alongside the European Parliament in enhanced cooperation and proposes the establishment of an interparliamentary forum similar to the Interparliamentary conference under Article 13 of the TSCG and the Interparliamentary conference for the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP);deleted

Amendment 34 #

Motion for a resolution
Paragraph 18

18. Calls for the stronger involvement of national parliaments, and regional Parliaments where applicable, alongside the European Parliament in enhanced cooperation and proposes the establishment of an interparliamentary forum similar to the Interparliamentary conference under Article 13 of the TSCG and the Interparliamentary conference for the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP);

Amendment 35 #

Ramón JÁUREGUI ATONDO, Mercedes BRESSO

Motion for a resolution
Paragraph 18 a (new)

18a. Stresses the need for Member States participating in enhanced cooperation to include those regions that have legislative powers in matters that affect them, so that the internal division of powers is respected and the social legitimacy of such enhanced cooperation is reinforced;

Amendment 36 #

Motion for a resolution
Paragraph 19

19. Recommends that Parliament should play a stronger role in enhanced cooperation by suggesting to the European Commission new cooperation via Article 225, monitoring proposals or existing cooperation and should be involved in every stage of the procedure, rather than just being expected to provide its consent; believes that Parliament should also receive regular reports and be able to comment on the implementation of enhanced cooperation;

Amendment 37 #

Motion for a resolution
Paragraph 20

20. Finds it necessary to strengthen Parliament’s role in enhanced cooperation; believes that, to this end, standing committees should be entrusted with the task of following each case of enhanced cooperation from adoption through to the end of its period of application, and of examining possible additional areas where this tool could be useful; recommends that each standing committee be free to decide what form of internal organisation would be most suitable for this purpose; advises that, when it comes to the vote, only those MEPs elected in Member States participating in the enhanced cooperation should have the right to vote, but that this vote should ultimately be confirmed by a formal vote in plenary as a whole;

Amendment 38 #

Motion for a resolution
Paragraph 20

Amendment 39 #

Motion for a resolution
Paragraph 21

21. Takes the view that operating expenditure linked to enhanced cooperation should be borne by the participating Member States, ~~and if~~unless the two co-legislators agree that thise cost is borne by the EU budget ~~the non- participating Member States should be reimbursed~~;

Amendment 4 #

Motion for a resolution
Recital B

B. whereas enhanced cooperation should not be seen as an instrument of exclusion or division of the Member States, but as a pragmatic solution to advance ~~European integration~~the achievement of objectives, the preservation of common interests and even supranational integration itself, but in the latter case only if the peoples concerned clearly express their desire for it by referendum;

Amendment 40 #

Motion for a resolution
Paragraph 21

21. Takes the view that operating expenditure linked to enhanced cooperation should be borne by the participating Member States, and if this cost is borne by the EU budget the non- participating Member States should be reimbursed, unless the Council decides otherwise in accordance with Article 332 (TFEU);

Amendment 41 #

Mercedes BRESSO, Jo LEINEN

Motion for a resolution
Paragraph 23

23. Believes that enhanced cooperation should be under the direct jurisdiction of the European Court of Justice unless the establishment of a special court required for the functioning of a particular case of enhanced cooperation is necessary, in which case this should be specified in the legal act establishing the enhanced cooperation;deleted

Amendment 42 #

Motion for a resolution
Paragraph 23

Amendment 43 #

Motion for a resolution
Paragraph 23

23. Believes that enhanced cooperation ~~should~~may be under the direct jurisdiction of the European Court of Justice unless the establishment of a special court required for the functioning of a particular case of enhanced cooperation is necessary, in which case this should be specified in the legal act establishing the enhanced cooperation;

Amendment 44 #

Motion for a resolution
Paragraph 25

25. Proposes the creation of a special enhanced cooperation unit in the Commission, under the leadership of a Commissioner, to coordinate and streamline the institutional setting up of enhanced cooperation initiatives;deleted

Amendment 45 #

Motion for a resolution
Paragraph 25

Amendment 46 #

Motion for a resolution
Paragraph 25

25. Proposes the creation of a special enhanced cooperation unit in the Commission, under the leadership of athe Commissioner responsible for Inter- institutional relations, to coordinate and streamline the institutional setting up of enhanced cooperation initiatives;

Amendment 47 #

Motion for a resolution
Paragraph 26

26. Considers it necessary to make the role of both the Commission and Council secretariats more proactive in the context of enhanced cooperation, and therefore proposes that they actively search for areas ~~where enhanced cooperation could be useful for the advancement of the European project or for areas~~ adjacent to existing forms of enhanced cooperation in order to avoid overlaps or contradictions;

Amendment 48 #

Motion for a resolution
Paragraph 26

26. Considers it necessary to make the role of both the Commission and Council secretariats more proactive in the context of enhanced cooperation, and therefore proposes that they actively search, in cooperation with the Committee of the Regions and especially its EGTC Platform for areas where enhanced cooperation could be useful for the advancement of the European project or for areas adjacent to existing forms of enhanced cooperation in order to avoid overlaps or contradictions;

Amendment 49 #

Motion for a resolution
Paragraph 28

28. Believes that clear rules should be laid down in all cases of enhanced cooperation on the withdrawal of a Member State that no longer wishes to participate and ~~on the expul~~the voluntary suspension ofby a Member State ~~that no longer fulfils the conditions of the enhanced cooper~~of its participation; advises that the terms and conditions of the possible withdrawal or ~~expul~~voluntary suspension of a Member State should be specified in the act establishing the enhanced cooperation;

Amendment 5 #

Motion for a resolution
Recital C

C. whereas the sensitive nature of certain policy areas makes it difficult to follow the ordinary legislative procedure, not only because of the unanimity requirement but also due to the established practice in the Council of always seeking consensus among the Member States, even when a qualified majority would be sufficient to take a decision; whereas the search for a consensus between the democracies that make up our Union is infinitely preferable and more in keeping with the very nature of Europe than any decision or standard devised circuitously by expert groups or comitology, pushed forward by a technocratic body and imposed on countries that reject it;

Amendment 50 #

Motion for a resolution
Paragraph 28

28. Believes that ~~clear rules should be laid down in all cases of enhanced cooperation~~rules on the withdrawal of a Member State that no longer wishes to participate and on the expulsion of a Member State that no longer fulfils the conditions of the enhanced cooperation should be considered; advises that ~~the~~eventual terms and conditions of the possible withdrawal or expulsion of a Member State should be specified in the act establishing the enhanced cooperation;

Amendment 51 #

Motion for a resolution
Paragraph 28 a (new)

28 a. Recalls that the Economic and Monetary Union of the countries sharing the single currency is, de facto, the very first instance of enhanced co-operation; that countries that have joined the euro have accepted equitably shared sacrifices to maintain the parities that have been fixed; recalls also, therefore, that where a euro Member State is no longer able to assume the burden, it must be able to suspend its participation and return when its economy has recovered; that the rights of voluntary suspension or non- participation should be generalised in order to avoid making unilateral withdrawal as provided for in Article 50 TEU the only ultimate course of action;

Amendment 52 #

Motion for a resolution
Paragraph 29

29. Considers it necessary to devise a procedure for the fast-track authorisation of enhanced cooperation in fields of high political salience to be accomplished within a shorter timeframe than the duration of twohree consecutive Council presidencies;

Amendment 53 #

Mercedes BRESSO, Ramón JÁUREGUI ATONDO

Motion for a resolution
Paragraph 30

30. Urges Member States participating in enhanced cooperation to work towards ~~integrating enhanced cooperation into the acquis communautaire~~the generalisation of differentiated, free, flexible, sectoral, open and democratically controlled cooperation so that the Union no longer develops on the basis of the 'limited' sovereignty principle formerly postulated by Leonid Brezhnev, but according to the principle of sovereignty based on partnership;

Amendment 54 #

Motion for a resolution
Paragraph 30 a (new)

30 a. Calls the European Commission to propose a regulation based on Article 175 al. 3 or 352 of the treaty in order to simplify, unify the legal framework applicable to the enhanced cooperation (as for example guiding principles on the applicable law for common institutions or a Member’s withdrawal) and therefore facilitate the conclusion of such cooperation;

Amendment 55 #

Motion for a resolution
Paragraph 30 a (new)

30a. Suggests that the next revision of the Treaties should explore the possibility of regions or sub-national entities playing a role in enhanced cooperation where this cooperation relates to an area of exclusive competence of the level in question with due respect for national constitutions;

Amendment 6 #

Motion for a resolution
Recital C a (new)

Ca. whereas with the exception of the Financial Transaction Tax, all enhanced cooperation initiatives could have been adopted in Council by qualified majority voting if this had been the rule instead of unanimity voting;

Amendment 7 #

Motion for a resolution
Recital D

D. whereas a number of cases exist of sub-groups of Member States carrying out bilateral or multilateral cooperation between themselves outside the Treaty framework, for example in fields such as defence; whereas the pressure exerted by the economic and monetary crisis to take swift decisions and to overcome the unanimity requirement in certain areas led to the adoption of regrettable intergovernmental instruments outside the EU legal framework, such as the European Stability Mechanism (ESM) and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG or the ‘Fiscal Compact’);

Amendment 8 #

Motion for a resolution
Recital G a (new)

Ga. whereas the European Union cannot legitimately turn itself into a state federation by stealth, i.e. without the issue being solemnly put to the peoples directly concerned; whereas also the constitutional case-law in particular of the German Constitutional Court in its 'Lisbon' judgment of 30 June 2009 is totally clear in this respect and that many of its legal grounds have clear European ramifications: 'Integration requires the willingness to joint action and the acceptance of autonomous common opinion-forming. However, integration into a free community neither requires submission removed from constitutional limitation and control nor the forgoing (of) one’s own identity. The Basic Law does not grant powers to bodies acting on behalf of Germany to abandon the right to self-determination of the German people in the form of Germany’s sovereignty under international law by joining a federal state. Due to the irrevocable transfer of sovereignty to a new subject of legitimation that goes with it, this step is reserved to the directly declared will of the German people alone.' (Section 228); whereas the European Union is not, so far, a federal state, and that the comparison with federal states in the rest of the world, which are all first and foremost nations, even composite ones, is therefore completely irrelevant here;

Amendment 9 #

Motion for a resolution
Recital H

H. whereas it seems likely in the future that the Member States would need to resort more and more often to the provisions on enhanced cooperation in order to address common problems and to attain common goals provided that the provisions of the Treaty are interpreted in such a way that cooperation is based on freedom of choice of partners, freedom of commitments and freedom of structures;

source: 631.969

2018/12/11 LIBE 33 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas Article 86 of the Treaty on the Functioning of the European Union (TFEU) provides a~~n explicit formal~~ basis for the creation of a European Public Prosecutor's Office (EPPO) and determines the applicable legislative procedure and instrument, as well as the scope and competence, of the future EPPO;

Amendment 10 #

Draft opinion
Recital E g (new)

E g. whereas there is a risk that a non- interested Member State could enter the enhanced cooperation only to sabotage its advancement due to the unanimity requirement and to prevent the switch over to qualified majority voting through the passerelle clause;

Amendment 11 #

Draft opinion
Paragraph 1

1. ~~Reaffirms~~Notes that a majority in the Parliament~~’s strong~~ support ~~for~~s the establish~~ing~~ment of an efficient and independent EPPO, in order to reduce the presently fragmented nature of national law enforcement efforts to protect the EU budget, and to strengthen the fight against fraud in the European Union;

Amendment 12 #

Monika BEŇOVÁ

Draft opinion
Paragraph 1

1. Reaffirms Parliament’s strong support for establishing an efficient and independent EPPO, in order to reduce the presently fragmented nature of national law enforcement efforts to protect the EU budget, and to strengthen the fight against financial fraud in the European Union;

Amendment 13 #

Draft opinion
Paragraph 1 a (new)

1 a. Recalls that the Parliament adopted three resolutions on 29 April 2015, 5 October 2016 and 5 October 2017, following two interim Committee reports, during the negotiations in the Council on the establishment of the European Public Prosecutor's Office;

Amendment 14 #

Draft opinion
Paragraph 1 a (new)

1 a. Believes that the establishment of an EPPO would duplicate powers and bodies already existing in Member States;

Amendment 15 #

Draft opinion
Paragraph 1 b (new)

1 b. Regrets, however, that despite the Parliament's constructive and measured approach to the enhanced cooperation procedure, the Council showed little interest in engaging formally with the Parliament prior to the request for Parliament's consent on the final negotiated text;

Amendment 16 #

Draft opinion
Paragraph 1 b (new)

1 b. Believes that the objective countering fraud affecting financial interests of the Union can best be achieved by the Member States within the existing framework for coordination and cooperation throughout the EU;

Amendment 17 #

Draft opinion
Paragraph 1 c (new)

1 c. Acknowledges, nonetheless, that a number of Parliaments concerns, as expressed in its resolutions, were addressed to some extent in the final text negotiated adopted by the Council;

Amendment 18 #

Draft opinion
Paragraph 2

2. ~~Welcom~~Notes the fact that 22 Member States are already participating in enhanced cooperation on the EPPO~~, and encourages non-participating Member States to join as soon as possible with a view to improving the Office's efficiency~~;

Amendment 19 #

Draft opinion
Paragraph 2

2. Welcomes the fact that 22 Member States are already participating in enhanced cooperation on the EPPO~~, and encourages non-participating Member States to join as soon as possible with a view to improving the Office's efficiency~~;

Amendment 2 #

Draft opinion
Recital D

D. whereas enhanced cooperation is a procedure whereby a minimum of nine Member States are permitted to establish advanced cooperation in an area within the structures of the EU, but without the involvement of the remaining Member States; whereas enhanced cooperation allows those participating Member States to achieve a common goal or initiative and to overcome paralysis in negotiations or a blockage by another Member State or Member States; whereas those cases of paralysis have considerably increased over the last years and the provision on enhanced cooperation is foreseen to be increasingly used in the future;

Amendment 20 #

Draft opinion
Paragraph 2

2. Welcomes the fact that 22 Member States are already participating in enhanced cooperation on the EPPO, and reminds the inclusive nature of the EPPO; encourages non-participating Member States to join as soon as possible with a view to improving the Office's efficiency;

Amendment 21 #

Draft opinion
Paragraph 2 a (new)

2 a. Stresses that enhanced cooperation in the area of the Common Foreign and Security Policy shall be aimed at safeguarding the values and serving the interests of the Union as a whole and shall respect the principles, objectives, general guidelines and consistency of the Common Foreign and Security Policy, the powers of the European Community and the consistency between all the Union's policies and its external activities;

Amendment 22 #

Draft opinion
Paragraph 2 b (new)

2 b. Highlights that such enhanced cooperation shall relate only to the implementation of a joint action or a common position, and it shall not relate to matters having military or defence implications;

Amendment 23 #

Draft opinion
Paragraph 2 c (new)

2 c. Underlines that the Parliament and the other members of the Council shall be kept fully informed of the implementation of enhanced cooperation; notes that this task is incumbent on the High Representative for the common foreign and security policy;

Amendment 24 #

Draft opinion
Paragraph 2 d (new)

2 d. Notes that Member States which intend to establish enhanced cooperation between themselves shall address a request to the Commission, which may submit a proposal to the Council to that effect;

Amendment 25 #

Draft opinion
Paragraph 2 e (new)

2 e. Stresses that enhanced cooperation provides a tool for problem- solving that is not only legal but also convenient, as it is based on the Treaty provisions and operates within the Union institutional structure and delivers tangible results;

Amendment 26 #

Draft opinion
Paragraph 2 f (new)

2 f. Points out that enhanced cooperation most often arises in areas governed by a special legislative procedure requiring unanimity, and has predominantly been used in the area of justice and home affairs;

Amendment 27 #

Draft opinion
Paragraph 4

Amendment 28 #

Monika BEŇOVÁ

Draft opinion
Paragraph 4

4. Emphasises that the implementation of the EPPO will require effective and efficient cooperation between the national prosecutors and the EPPO, and with the agencies of the EU, such as the European Anti-Fraud Office (OLAF) and Eurojust, it is also encouraged that capacity building should begin at earliest possible time in order to develop harmonised standards of operation;

Amendment 29 #

Draft opinion
Paragraph 4 a (new)

4 a. Recommends that the special passerelle clause enshrined in Article 333 TFEU be activated to switch from unanimity to qualified majority voting, and from a special to the ordinary legislative procedure, immediately after an agreement on the start of enhanced cooperation is approved by the Council, in order to avoid new blockages if the number of participating Member States is significant;

Amendment 3 #

Draft opinion
Recital E a (new)

E a. whereas some of the main obstacles to enhanced cooperation are the unanimity requirement and the different sovereignty issues in the different Member States;

Amendment 30 #

Draft opinion
Paragraph 5 a (new)

5 a. Recommends that Parliament shall play a stronger role in enhanced cooperation and shall be involved in every stage of the procedure; believes that Parliament shall also receive regular reports on the implementation of enhanced cooperation;

Amendment 31 #

Draft opinion
Paragraph 6

6. Calls on the Commission to keep Parliament regularly informed at every stage of the implementation and institutional development of the EPPO, in the light of the potential expansion of its mandate to include the fight against cross- border terrorism.

Amendment 32 #

Judith SARGENTINI

Draft opinion
Paragraph 6 a (new)

6 a. Welcomes the fact that 18 Member States will participate in enhanced cooperation on property regimes of marriages and registered partnerships as applicable from 29 January2019; underlines the necessity to protect fundamental rights, including the right to respect for private and family life and prohibition of discrimination.

Amendment 33 #

Draft opinion
Paragraph 6 a (new)

6 a. Calls on the Council to engage more meaningfully, at a formal level, with Parliament in possible future enhanced cooperation procedures to ensure the maximum extent cohesion and coherence between the Union's co-legislators.

Amendment 4 #

Draft opinion
Recital E a (new)

E a. whereas pursuant to Article 20 (4) TEU, acts adopted in the framework of enhanced cooperation shall bind only participating Member States;

Amendment 5 #

Draft opinion
Recital E b (new)

E b. whereas enhanced cooperation is limited to areas of shared competence and shall not undermine the internal market;

Amendment 6 #

Draft opinion
Recital E c (new)

E c. whereas the qualified majority voting requirement with the participation of all Member States in the authorisation phase of enhanced cooperation makes it rather difficult to launch enhanced cooperation with just the minimum required number of Member States, and even more unlikely if enhanced cooperation is launched in an area where a previous qualified majority voting vote failed;

Amendment 7 #

Draft opinion
Recital E d (new)

E d. whereas Parliament’s involvement is quite marginal, even though its consent is required before the Council authorises the willing Member States to proceed with enhanced cooperation;

Amendment 8 #

Draft opinion
Recital E e (new)

E e. whereas there is no provision in the Treaties on how to deal with a Member State that wants to exit an existing case of enhanced cooperation or does not fulfil the requirements anymore, except for the special case of Permanent Structured Cooperation [Article 46 (4) and (5) TEU];

Amendment 9 #