Presentation Lisbon Treatyppt - Diapositivo 1

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					4 April 2008
      Meeting of SG


TREATY OF LISBON
        and
National Parliaments


       4 April 2008


                      Assembleia da República | 4 Abril 2008 / mtp
               Treaty of Lisbon and NP


  The Treaty of Lisbon makes 46 references to
              “National Parliaments”


     17 in the corpus of the Treaty (TEU and TFEU)
              29 in the protocols enclosed




Official Journal of the European Union C 306, 17.12.2007


                                                Assembleia da República | 4 Abril 2008
                    Treaty of Lisbon and NP

 «NP contribute actively to the good functioning of the Union»
                           (Art 12.º TEU)



«encourage greater involvement of NP in the activities of the EU»
                              (PRNP)



       «enhance their ability to express their views»

                              (PRNP)




                                                    Assembleia da República | 4 Abril 2008
         Treaty of Lisbon and NP




What’s new for our Parliaments?




                        Assembleia da República | 4 Abril 2008
                              Treaty of Lisbon and NP
                               Article 12 TEU (new)
      National Parliaments contribute actively to the good functioning of the Union:

(a) through being informed by the institutions of the Union and having draft
   legislative acts of the Union forwarded to them (art. 1 PRNP);

(b) by seeing to it that the principle of subsidiarity is respected (art. 5 TEU, art. 69
   TFEU, art. 352 TFEU and art. 3 PRNP);

(c) by taking part, within the framework of the area of freedom, security and justice,
    in the evaluation mechanisms for the implementation of the Union policies in
    that area (art. 70, 71 and 81 TFEU), and through being involved in the political
    monitoring of Europol (art. 85 TFEU) and the evaluation of Eurojust's activities
    (art. 88 TFEU);

(d) by taking part in the revision procedures of the Treaties (art. 48 TEU);

(e) by being notified of applications for accession to the Union (art. 49 TEU);

(f) by taking part in the inter-parliamentary cooperation between national Parliaments
    and with the European Parliament (Title II PRNP).
     1. Broader access to information

               Information flow

        Government & EU Institutions


                     NP

           forwarded directly by the
              Commission to NP

             at the same time as to
    the European Parliament and the Council

 forward directly by the Commission/EP/Council
       1. Broader access to information

─   Consultation documents (green and white              papers    and
    communications, upon publication (art. 1 PRNP));

─   Commission’s annual legislative programme as well as any other
    instrument of legislative planning or policy (art. 1 PRNP);

─   Draft legislative acts (art. 2 PRNP):
    a) proposals from the Commission and its amended drafts (art. 4
       PAPSP);
    b) initiatives from a group of Member States and its amended
       drafts (art. 4 PAPSP);
    c) initiatives from the European Parliament, draft legislative acts
       and its amended drafts (art. 4 PAPSP);
    d) requests from the Court of Justice;
    e) recommendations from the European Central Bank;
    f) requests from the European Investment Bank for the adoption of
       a legislative act;
          1. Broader access to information



─   Agendas for and the outcome of meetings of the Council,
    including the minutes of meetings where the Council is
    deliberating on draft legislative acts (art. 5 PRNP);


─   Court of Auditors' annual report (art. 7 PRNP);


─    Commission’s annual report on the application of Article 5 TEU
    (compliance with the principle of subsidiarity (art. 9 PAPSP)).
    2. Information/Communication/Notification
−   proposals for the amendment of the Treaties (ordinary revision proposals / participation at
    the Convention) (art. 48(2) and (3) TEU);


−   adoption, by the Council, of a passerelle clause (comunication of the shift from the special
    decision-making process - unanimity – to the ordinary decision-making process – qualified
    majority (art. 48(7) TEU). If a NP makes known its opposition within six months, the
    decision shall not be adopted);


−   Adoption, by the Council, of a flexibility clause (current article 308 TCE applicable only to
    the 1st Pilar and new art. 352 TFE applicable to the EU (with no pilar division), exception
    made to the CFSP);


−   application for EU accession (art. 49 TEU);


−   content and results of the implementation’s evaluation of the Union policies referred to the
    AFSJ (full application of the principle of mutual recognition (art. 70 TFEU)).
    2. Information/Communication/Notification


−   proceedings of the Council standing committee to ensure that
    operational cooperation on internal security is promoted and
    strengthened within the Union (art. 70, 71 TFEU);


−   proposal made to the Council by the Commission, in order to adopt a
    decision determining those aspects of family law with cross-border
    implications which may be the subject of acts adopted by the ordinary
    legislative procedure (if a NP makes known its opposition within six
    months, the decision shall not be adopted (art. 81(3) TFEU)).
3. Participation in evaluation/control mechanism




            −   Eurojust activities (art. 85 TFEU);

            −   Europol activities (art. 88 TFEU).
       4. Monitoring the principle of subsidiarity
                        (art. 5 TEU, art. 69, 352 TFEU, and art. 3 PRNP)




      NP ability to express their reasoned
  opinion on whether a EU draft legislative act
   complies with the principle of subsidiarity

Any draft legislative act should contain a detailed statement (PASP)



             Early warning mechanism:
                    «yellow card»
                   «orange card»
      4. Monitoring the principle of subsidiarity


A response to:

1. Legitimacy issues (strengthening the
   democratic legitimacy of the EU by bringing it
   closer to the citizens, through NP participation);

2. Competence matters (on shared competences
   between EU and Member-States).


                                        Assembleia da República | 4 Abril 2008
            The EU decision-making triangle

           EUROPEAN COMMISSION




                                   COUNCIL
EUROPEAN PARLIAMENT



                                 Assembleia da República | 4 Abril 2008
               The limits and use of
               Union competences

- Principle of conferral

- Principle of subsidiarity
 (shared competences)


- Principle of proportionality                     NP

(exclusive and shared competences)
                                     Art. 5(3); art. 12b TEU; art. 69
                                     TFEU; art. 3 PRNP; and art. 6
                                     PAPSP only refer to the
                                     compliance with the principle
                                     of subsidiarity (not
                                     proportionality), as far as the
                                     role of NP is concerned.
                        4. Early warning mechanism

                           Shared competences
                                      (art. 4 TFEU)


a) internal market;                     b) social policy;

c) economic, social and territorial     d) agriculture and fisheries, excluding the
   cohesion;                               conservation of marine biological
                                           resources;

e) environment;                         f) consumer protection;

g) transport;                           h) trans-European networks;

i) energy;                              j) area of freedom, security and justice;

k) common safety concerns in public health matters.
                                8 weeks (art. 4 PRNP and art. 6 PAPSP)


          NP may, within eight weeks from the date of transmission of
  a draft legislative act, in the official languages of the Union, send to the EU
institutions a reasoned opinion stating why it considers that the draft in question
                does not comply with the principle of subsidiarity.



    (consult, where appropriate, regional parliaments with legislative powers)


  This time frame does not apply to the regular parliamentary scrutiny activities



                                                               Assembleia da República | 4 Abril 2008
                  4. Early warning mechanism
                          «yellow card» (art. 7(2) PAPSP)

   When reasoned opinions on the non-compliance with the principle of
             subsidiarity of draft legislative acts represent:

   - 1/3 of all the votes allocated to NP (each NP shall have two votes), or
- 1/4 of all the votes (Area of Freedom, Security and Justice)

                         the draft must be reviewed.

                     The EU institutions may decide to:
                                 - maintain,
                                - amend or
                           - withdraw the draft.

                  Reasons must be given for this decision.


                                                             Assembleia da República | 4 Abril 2008
                4. Early warning mechanism
                        «yellow card» (art. 7(2) PAPSP)

The draft proposal must be reviewed by the European Commission when:

         - 1/3 or 1/4 of all the votes allocated to NP are gathered

For this purpose it should be considered the number of reasoned opinions:

                         Not on the same article
                       Not on the same paragraph
                        Not with the same reason
                                    but
                     on a draft proposal, in general,
 regardless the article, paragraph and/or reasons for the non-compliance
                          presented by each NP
                    4. Early warning mechanism
                           «orange card» (art. 7(3) PAPSP)
Under the ordinary legislative procedure (co-decision), where NP reasoned
        opinions represent at least a simple majority of the votes:
                      the proposal must be reviewed.

 If it chooses to maintain the proposal, the Commission will have to justify
why it considers that the proposal complies with the principle of subsidiarity.

This reasoned opinion, as well as the reasoned opinions of the NP will have
to be submitted to the Union legislator (EP and Council) for consideration :

           - by a majority of 55% of the members of the Council or
        - by a majority of the votes cast in the European Parliament

 The legislator is of the opinion that the proposal is not compatible with the
 principle of subsidiarity, the legislative proposal shall not be given further
                                  consideration.

                                                              Assembleia da República | 4 Abril 2008
                   Control «ex post» (art. 8 PAPSP)



Following the adoption of the legislation, the EU Court of Justice
shall have jurisdiction in actions on grounds of infringement of the
principle of subsidiarity by a legislative act, by Member States, or
notified by them in accordance with their legal order on behalf of
                  their NP or a chamber thereof.




                                                     Assembleia da República | 4 Abril 2008
                   5. Interparliamentary cooperation

o COSAC meetings (may submit any contribution to the EP, the Council
 and the Commission);


o interparliamentary cooperation among NP and between NP and the EP
 (i.e. joint meetings and IPEX);


o exchange of information and best practice between NP (i.e. Permanent
 Representative’s network in Brussels);


o EAC and special committees relationship;


o interparliamentary conferences on specific topics (i.e. CFSP and CSDP).
                      Treaty of Lisbon and NP

                       1. How will we manage all this
                     information and notification flow?

            2. How will NP organise themselves in order to:
a) scrutinise these EU documents in light of the subsidiarity control and
b) reach a final decision (reasoned opinion), within the 8 weeks period?

            3. What do we mean by principle of subsidiarity?

               4. How will our Parliaments work together
               in order to reach the subsidiarity quorum
                      for a given draft proposal?

  5. How are our Parliaments going to communicate with the European
             Institutions (inter-institutional understanding)?
       COSAC experience




4 subsidiarity checks


   lessons learned



                        Assembleia da República | 4 Abril 2008
Permanent Representative’s network in Brussels




                                  Assembleia da República | 4 Abril 2008
IPEX – Interparliamentary EU Information Exchange




                                 Assembleia da República | 4 Abril 2008
                      Treaty of Lisbon: entry into force

                              Ratification




        Parliamentary vote                   Referendum
Germany               Hungary – 17/12/07       Ireland
Austria               Italy
Belgium               Latvia
Bulgaria – 21/03/08   Lithuania
Cyprus                Luxemburg
Denmark               Malta – 29/01/08
Slovakia              Netherland
Slovenia – 29/01/08   Poland – 01/04/08
Spain                 Portugal
Estonia               United Kingdom                      As of 4 April 2008
Finland               Czech Republic
France – 08/02/08     Romania – 04/02/08
Greece                Sweden
Assembleia da República | 4 Abril 2008 / mtp

				
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