Control of subsidiarity The European Parliament’s perspective Evelyn Waldherr

Content The strengthened role of the national parliaments under the Lisbon Treaty The strengthened role of the national parliaments under the Lisbon Treaty Implementation of Protocol n° 2 in the EP’s rules of procedure (Rule 42) Implementation of Protocol n° 2 in the EP’s rules of procedure (Rule 42) Distinction between genuine reasoned opinions and political contributions Distinction between genuine reasoned opinions and political contributions State of play State of play Outlook Outlook

EP’s main objectives in the implementation of Protocol n° 2 In the first place, a more legalistic point of view: Ensure full respect of the Treaty obligations. Scrutiny by national Parliaments in conformity with the Treaty is to be considered to constitute an essential procedural requirement. The way the EP is dealing with reasoned opinions has to make sure that a legislative act can not be attacked on grounds of violation of procedural requirements following from Protocol n° 2. Ensure full respect of the Treaty obligations. Scrutiny by national Parliaments in conformity with the Treaty is to be considered to constitute an essential procedural requirement. The way the EP is dealing with reasoned opinions has to make sure that a legislative act can not be attacked on grounds of violation of procedural requirements following from Protocol n° 2. Then, more content and cooperation focussed attitude : Make sure that the full potential of legislative dialogue between national Parliaments and the EP can be used. Make sure that the full potential of legislative dialogue between national Parliaments and the EP can be used.

Rule 42 of the EP’s rules of procedure EP shall pay particular attention to respect for the principles of subsidiarity and proportionality. EP shall pay particular attention to respect for the principles of subsidiarity and proportionality. Committee responsible for respect of the principle of subsidiarity = JURI Committee responsible for respect of the principle of subsidiarity = JURI JURI may make recommendations on its own initiative to other committees on subsidiarity issues JURI may make recommendations on its own initiative to other committees on subsidiarity issues Reasoned opinions shall be referred to the committee responsible for the subject matter and forwarded for information to JURI Reasoned opinions shall be referred to the committee responsible for the subject matter and forwarded for information to JURI No final vote on a report at committee stage before expiry of 8 weeks deadline No final vote on a report at committee stage before expiry of 8 weeks deadline

…and when the thresholds are being reached: 1/3 = 19 votes (or ¼ = 14 votes in FSJ): standstill during review: EP shall not take a decision until the author of the proposal has stated how it intends to proceed (maintain, amend or withdraw the proposal) 1/3 = 19 votes (or ¼ = 14 votes in FSJ): standstill during review: EP shall not take a decision until the author of the proposal has stated how it intends to proceed (maintain, amend or withdraw the proposal) OLP, simple majority (29 votes): the committee responsible having heard JURI may recommend to reject the proposal or propose how to bring it into conformity with the principle of subsidiarity. If majority of votes cast in favour of rejection: end of legislative procedure. OLP, simple majority (29 votes): the committee responsible having heard JURI may recommend to reject the proposal or propose how to bring it into conformity with the principle of subsidiarity. If majority of votes cast in favour of rejection: end of legislative procedure.

The thresholds are not out of reach The threshold of the yellow card has been reached twice : The threshold of the yellow card has been reached twice : Monti II in May 2012: 12 out of 40 national parliaments of chambers thereof (19 out of 54 votes) considered that the content did not conform to the principle of subsidiarity. Subsequently, the Commission withdrew its proposal. Monti II in May 2012: 12 out of 40 national parliaments of chambers thereof (19 out of 54 votes) considered that the content did not conform to the principle of subsidiarity. Subsequently, the Commission withdrew its proposal. EPPO proposal in October 2013: 14 chambers of national parliaments in 11 Member States. The Commission decided to maintain the proposal in view of an enhanced cooperation. EPPO proposal in October 2013: 14 chambers of national parliaments in 11 Member States. The Commission decided to maintain the proposal in view of an enhanced cooperation. In few cases more than 4 reasoned opinions are reached on any legislative proposal: In few cases more than 4 reasoned opinions are reached on any legislative proposal: Railway package – opening of the market in 2013: 6 reasoned opinions Railway package – opening of the market in 2013: 6 reasoned opinions Maritime spatial planning and integrated coastal management: 11 reasoned opinions Maritime spatial planning and integrated coastal management: 11 reasoned opinions Directive on a Common Consolidated Corporate Tax Base (CCCTB): 9 reasoned opinions Directive on a Common Consolidated Corporate Tax Base (CCCTB): 9 reasoned opinions Temporary introduction of border control at internal borders in exceptional circumstances: 7 reasoned opinions Temporary introduction of border control at internal borders in exceptional circumstances: 7 reasoned opinions Conditions of entry and residence of third-country nationals for the purposes of seasonal employment: 6 reasoned opinions Conditions of entry and residence of third-country nationals for the purposes of seasonal employment: 6 reasoned opinions

Reasoned opinions and Contributions Reasoned opinions are submission which indicate the non-compliance of a draft legislative act with the principle of subsidiaity and have been communicated to the EP within the eight week deadline. Reasoned opinions are submission which indicate the non-compliance of a draft legislative act with the principle of subsidiaity and have been communicated to the EP within the eight week deadline. Contributions are any other submissions by national Parliaments which do not fulfil the criteria listed above (legislative dialogue). Contributions are any other submissions by national Parliaments which do not fulfil the criteria listed above (legislative dialogue).

… and what about a reasoned opinion without subsidiarity criticism? after verification by the services: after verification by the services: “ As the attached document does not indicate the non- conformity of the draft legislative act with the principle of subsidiarity, it is to be considered as a national Parliament's contribution issued in the context of the informal political dialogue “ borderline cases: borderline cases: lack of legal basis, proportionality….

How the EP deals with reasoned opinions: Verification by JURI secretariat Verification by JURI secretariat Translation in all official languages (Good practice: courtesy translation) Translation in all official languages (Good practice: courtesy translation) Transmission to all concerned committee secretariats and interested services of the administration – included in meeting documents; rapporteurs are systematically informed Transmission to all concerned committee secretariats and interested services of the administration – included in meeting documents; rapporteurs are systematically informed No vote in committees before expiry of 8 weeks period No vote in committees before expiry of 8 weeks period Reference in the recitals of motions for resolutions Reference in the recitals of motions for resolutions Common Consolidated Corporate Tax Base (CCCTB) (2011/0058CNS) European Heritage Label (2010/0044 COD) – French Senate Rules on imports from Greenland of fishery products (2010/0097 COD) – Italian Senate “Having regard to the reasoned opinion submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the …., asserting that the draft legislative act does not comply with the principle of subsidiarity,” “Having regard to the reasoned opinion submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the …., asserting that the draft legislative act does not comply with the principle of subsidiarity,”

How the EP deals with contributions: Rule 142 (4) of the EP’s Rules of procedure Each contribution from a national parliament is forwarded to: Each contribution from a national parliament is forwarded to: - concerned committee secretariats - political groups Relevant committee chairs and rapporteurs will be notified If requested by committee chair or rapporteur, it is also being translated. If requested by committee chair or rapporteur, it is also being translated.

Impact of reasoned opinions Report on “Interparliamentary relations between the European Parliament and national Parliaments under the Treaty of Lisbon”

State of play after almost 5 years since the Lisbon Treaty entered into force 486 draft legislative acts sent to national parliaments since (482 COM and 4 MS initiatives) 486 draft legislative acts sent to national parliaments since (482 COM and 4 MS initiatives) 1807 submissions by national Parliaments 1807 submissions by national Parliaments 1513 contributions 1513 contributions 294 reasoned opinions 294 reasoned opinions

Organisation in the EP Vice president Olli Rehn: responsible for relations with national parliaments Directorate for Relations with National Parliaments Legislative Dialogue Unit Legislative Dialogue Unit Institutional Cooperation Unit Institutional Cooperation Unit CONNECT: On-line database of all reasoned opinions and contributions officially received by the European Parliament; State of play: Monthly summary table submitted to all committee secretariats, political group staff, interested EP services and Conference of Committee Chairs JURI Report: presentation of all reasoned opinions received since the last JURI meeting

Outlook Article 12 TEU conveys to the national Parliaments the task to contribute actively to the good functioning of the Union. Monitoring of subsidiarity is only one aspect. Article 12 TEU conveys to the national Parliaments the task to contribute actively to the good functioning of the Union. Monitoring of subsidiarity is only one aspect. So far: the procedure has worked well. No obstruction to the legislative activity. So far: the procedure has worked well. No obstruction to the legislative activity. Problems of subsidiarity should be detected at a pre-legislative stage since the Commission also sends consultation papers to the national parliaments in the framework of the “ informal political dialogue”. Problems of subsidiarity should be detected at a pre-legislative stage since the Commission also sends consultation papers to the national parliaments in the framework of the “ informal political dialogue”. New field of cooperation between the EP and national parliaments: scrutiny of implementation as a way to achieve better legislation? New field of cooperation between the EP and national parliaments: scrutiny of implementation as a way to achieve better legislation?