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Emilia Romagna Regional Legislative Assembly: Subsidiarity Analysis and Comments on
COM(2013)430 - Proposal for a decision of the European Parliament and of the Council on enhanced co-operation between Public Employment Services (PES)
Extract
[…] would make the following points with reference to aspects raised by points a), b) and c):
a)the legal basis appears to have been identified correctly as Article149 of the Treaty on the Functioning of the European Union (TFEU);
b)for the purposes of applying Protocol No 2 appended to the Treaty of Lisbon, which provides for legislative assemblies to be involved in monitoring subsidiarity alongside their respective national parliaments within the context of what is known as the early warning system, the proposal for a decision appears to be in line with the principles of subsidiarity and proportionality as defined by Article 5 (3) and (4) of the Treaty on European Union.
The European Commission has however failed to provide adequate justification in its explanatory memorandum as regards the proposal's conformity with the principles of subsidiarity and proportionality, at least in relation to the parameters set out in Article 5 of Protocol No. 2 on the Application of the Principles of Subsidiarity and Proportionality, which states clearly that "Draft legislative acts shall be justified with regard to the principles of subsidiarity and proportionality. Any draft legislative act should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality. This statement should contain some assessment of the proposal's financial impact and, in the case of a directive, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation. The reasons for concluding that a Union objective can be better achieved at Union level shall be substantiated by qualitative and, wherever possible, quantitative indicators."
c)as to the merit of the proposal for a decision:
welcomes the adoption of a decision at European level to encourage networking between the public authorities so as to match supply and demand for work through the provision of services for the public and businesses and endorses the basic reasoning behind the proposal for a decision;
highlights the need to boost the provision and quality of services provided by public employment services (PES) by stepping up the use of information and communication technologies and tools to allow individual access, so as to reduce costs and improve access to services for job seekers and businesses;
especially welcomes the provisions set out in Article 3 of the proposal for a decision, which pinpoints a number of particularly important aims, including that of introducing means of assessing PES performance in the various Member States on the basis of shared qualitative and quantitative indicators, an essential condition for building future partnerships between public and private employment services;
In this respect, points out that the Emilia-Romagna region has already spent some time defining standards for basic service provision using its own performance monitoring and evaluation system and, in the context of a European network made up of national representations, highlights the importance of working within individual Member States to define national systems founded on shared databases, participatory cooperation and the interoperability of information systems, starting with local labour markets.
d)Requires thatthis resolution be sent to the Senate of the Republic and to the Chamber of Deputies in order to provide an opinion in accordance with Protocol No. 2 on the Application of the Principles of Subsidiarity and Proportionality and within the meaning of Article 25 of Law No. 234 of 2012, and to contribute to the framing of the Chambers' documents in the context of participation in the political dialogue along with the institutions of the European Union under Article 9 of Law No. 234 of 2012;
e)Requires that this Resolution be sent to the Emilia-Romagna Regional Government in order to secure the best possible links between the Region's various bodies when carrying out the respective activities and fulfilling the responsibilities conferred by law and regulations and calls on the Regional Government to send this resolution to the government and to the Conference of Regions and Autonomous Provinces, so as to contribute to the formulation of an Italian position, within the meaning of Article 24 (3) of Law No. 234 of 2012;
f)Calls on the Regional Government to inform the legislative assembly on the follow-up to the comments of the Emilia-Romagna Region on the proposal for a decision of the European Parliament and of the Council on enhanced cooperation between public employment services (PES) - COM (2013) 430 final of 17.6.2013, on subsequent contributions from the Region to the decision-making process and on any positions taken by the Region at European and national levels, with particular attention to those taken within the Conference of Regions and Autonomous Provinces;
g)Also requires that this resolution be sent to the Conference of Presidents of the Legislative Assemblies of the Regions and Autonomous provinces, within the meaning of Article 25 of Law No. 234 of 2012 and, so as to maximise dissemination of information on upstream participatory activities, to Emilia-Romagna's MEPs and members of the Committee of the Regions, to the subsidiarity network of the Committee of the Regions and to the European and Italian regional legislative assemblies.
Approved by a majority at the meeting of 22 July 2013, in accordance with Article 38 (4) of the Rules of¨ Procedure and Article 6 (2) and (7) of Regional Law No. 16 of 2008.
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CDR5637-2013_00_00_TRA_INFO