amendment form

Suggestion for amendment of Article : 28

Suggestion for protocol :

By Ms / Mr : R. van der Linden (member)

F. Timmermans (member)

W. van Eekelen (alternate)

J.J. van Dijk (alternate)

Article 28: Implementing acts

1. Member States shall adopt all measures of national law necessary to implement the Union's

legally binding acts.

2. Where uniform conditions for the implementation of the Union's binding acts are needed,

those acts may confer implementing powers on the Commission or may confer implementing powers in specific cases and in the cases provided for in Article [CFSP], on the Council.

3. Implementing acts of the Union may be subject to control mechanisms to conditions which shall be consonant with principles and rules laid down in advance by the European Parliament and the

Council in accordance with the legislative procedure.

4. Implementing acts of the Union shall take the form of European implementing regulations or

European implementing decisions.

Explanation (if any) :

Article 28 (2): “may confer” is a weakening of the current formulation in article 202 TEC. Only the exceptions to the rule should incorporate a possibility (i.c. “may”).

Article 28 (3): “control mechanisms” is an entirely new concept within the law of the European Union and within this context a too weak formulation, therefore it should be replaced by “conditions”.

The proposed formulation in this article represents to a minimal degree a reform of the current comitology procedures.

Explanation (if any) :

amendment form

Suggestion for amendment of Article :

Suggestion for protocol : on the role of National Parliaments in the European Union

By Mr :R. van der Linden (member)

F. Timmermans (member)

V. Andriukaitis (member)

C. Einem (member)

W. van Eekelen (alternate)

J.J. van Dijk (alternate)

P. Altmeier (alternate)

Status :- Member- Alternate

Add one sentence :

6. The Commission shall send Member States' national parliaments, for information, any

instrument of legislative planning or policy strategy that it submits to the European Parliament

and to the Council, at the same time as to those institutions. The Commission’s annual work programme will be subject of a (coinciding) debate in the national parliaments.

Explanation (if any) :

Once every year, a specific week (after the presentation of the annual work programme of the Commission) should be scheduled in order to have simultaneously debates in the national parliaments. This common window for debates will raise national awareness of the activities of the European Union, will encourage the national parliaments to make their views known, it will enrich the European role of the national parliaments.

amendment form

Suggestion for amendment of Article :

Suggestion for protocol : on the role of National Parliaments in the European Union

By Ms / Mr :R. van der Linden (member)

F. Timmermans (member)

W. van Eekelen (alternate)

J.J. van Dijk (alternate)

Status :- Member- Alternate

Add:

10. Ratification of amendments to part two of the Constitutional Treaty will come about with the approval of a (enhanced) majority of national parliaments.

amendment form

Suggestion for amendment of Article :

Suggestion for protocol : the application of the principles of subsidiarity and proportionality

By Ms / Mr :R. van der Linden (member)

F. Timmermans (member)

J.J. van Dijk (alternate)

W. van Eekelen (alternate) for only the amendment on point 8

Status :- Member- Alternate

7. The national parliaments of the Member States may also, during the period between the

convening of the Conciliation Committee meeting and the holding of that meeting, issue a

reasoned opinion stating why they consider either that the Council's common position does not

comply with the principle of subsidiarity or that the European Parliament's amendments do not

so comply. At the Conciliation Committee meeting, the European Parliament and the Council

shall take the fullest account of the opinions expressed by the national parliaments of the

Member States. Where at least one third of national parliaments issue reasoned opinions on the non-compliance with the principle of subsidiarity the Council or/and the European Parliament shall review their positions.

8. Under Article [current Article 230] of the Constitution, the Court of Justice shall have

jurisdiction to hear actions brought by Member States on grounds of infringement of the procedures regarding the principle of subsidiarity, where appropriate at the request of their national parliaments, in accordance with their respective constitutional rules. Under the same Article of the Constitution, the Committee of the Regions may also bring such actions as regards legislative acts on which it was consulted.

Explanation (if any) :

7: The principle of one third of the national parliaments should not be restricted to just one phase in the lawmaking process, it should be applied to the entire process.

8: If “the procedures regarding” will not be added, the Court will get involved in political jurisdiction.

amendment form

Suggestion for amendment of Article :

Suggestion for protocol : the application of the principles of subsidiarity and proportionality

By Mr :W. van Eekelen

Status : Alternate

Delete point 7 (involvement of national parliaments in the procedure with the Conciliation Committee) from the protocol.

Explanation (if any) : This additional provision unnecessary complicates the procedure.