From: news@paragraf.nbg.sub.org
Newsgroups: de.soc.recht
Subject: JUS 9241.1.1 Institutions               
Date: Sat, 19 Dec 92 17:33:22 +0100
Organization: VDJ Nuernberg

ENR   : 2507
HD    : 1. Institutions, General Aspects
TI    : Resolution B3-1514/92 and 1520/92 of the European Parliament -
        Implementation of the principle of subsidiarity
RF    : JUS 9241.1.1
AB    : At its sitting of 18 November 1992, the European Parliament adopted
        a resolution on the implementation of the principle of subsidiarity.
        In its resolution, the European Parliament first recalls that
        Article 3 B of the Treaty on European Union draws a very clear
        distinction between:
        - the principle of subsidiarity, which seeks to ensure, in areas
        where powers are shared between the Member States and the
        Community, that the need for the proposed measure can be checked;
        - the principle of proportionality, which seeks to ensure, in all
        areas where the Community exercises power, that checks can be made
        to establish whether the legal nature and the substance of the
        proposed measure tally with the objectives of the Treaty.
        With a view to the entry into force of the Treaty on European Union
        and within the framework of an interinstitutional agreement, the
        European Parliament deems that an appropriate mechanism should be
        established to apply and monitor the application of the principle
        of subsidiarity. The mechanism would be based on the following
        elements: * application of the principle of subsidiarity should be
        monitored during the course of the Community decision-making process,
        in accordance with the voting rules provided for in the Treaty, and
        must not call into question the right to propose legislation as
        provided for in the Treaty on European Union or the establishment
        of a procedure for the consultation of the Council which precedes
        or runs parallel to the decision-making process laid down by the
        Treaties and the interinstitutional agreements deriving therefrom;
        * within the framework of their internal procedures, and when
        considering the legal basis, the three institutions should
        systematically check that the action they are considering complies
        with Article 3b of the Treaty on European Union with regard to both
        the legal instruments chosen and the form of action envisaged
        (coordination, approximation or harmonization of legislation); any
        consideration of proposed measures must incorporate these checks;
        * all Commission proposals should include an explanatory statement
        containing a justification of the proposal with regard to the
        principle of subsidiarity as defined in Article 3b of the Treaty;
        * if it entails a further extension of the scope for Community
        action, any amendment to the initial text proposed by the European
        Parliament and the Council must be accompanied by a justification
        with regard to the principles defined in Article 3b;
        * the Commission should draw up an annual report for the European
        Parliament and the Council on the application of the principle of
        subsidiarity. The European Parliament should hold a public debate
        on this report with the participation of the Commission and the
        Council. European Parliament, Minutes of proceedings of the sitting
        of 18 November 1992, PE 162.994, PV 38, p.51.
CT    : Institutions
DT    : 921204