Council of theEuropean Union
Brussels, 9 July 2019
(OR. en)10641/2/19
REV 2
LIMITEJAI 749
FREMP 88
POLGEN 129
AG 27
ANTICI 8
NOTE
From:

General Secretariat of the Council

To:

Permanent Representatives Committee/Council

Subject:

Standard modalities for hearings referred to in Article 7(1) TEU

1.

Article 7(1) TEU foresees a procedure whereby the Council may determine that there isa clear risk of a serious breach by a Member State of the values referred to in Article 2
TEU. Article 7(1) also provides that before making such a determination, the Councilshall hear the Member State in question.

2.

The Council is currently seized of two such procedures, the first one in respect ofPoland, the second one in respect of Hungary.

3.

On 27 February 2018 a procedure was triggered by the Commission against Poland.
Hearings took place at the General Affairs Council meetings on 26 June, 18 Septemberand 11 December 2018.

4.

On 12 September 2018 a procedure was triggered by the European Parliament against
Hungary. No hearing has taken place yet.

5.

Laying down standard modalities for hearings under Article 7(1) TEU would helpstreamlining the process and create a level playing field for all the Member States
involved and for the three possible cases (a reasoned proposal by a group of Member
States, by the European Parliament or by the Commission).

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Once such modalities have been adopted by Council, Coreper would need to agree on
the substantive scope of the issues to be covered by each hearing.

7.

The draft of standard modalities was discussed at the Antici Group meeting on 2 and 9July. As compared to the Annex to doc. 10641/1/19 REV1, the text in the Annex to thisnote contains editorial amendments in paragraphs 5, 8, 11, 14, 17 and 20.

8.

In view of the above, it is suggested that Coreper endorse the standard modalities as setout in the Annex to this note and recommend that the Council approve them, at its
forthcoming session on 18 July 2019.

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Standard modalities for hearings under Article 7(1) TEU procedures
1. Article 7(1) TEU foresees that before the Council eventually determines that there is a clear
risk of a serious breach by a Member State of the values referred to in Article 2 TEU or theCouncil addresses recommendations to it, the Member State with regard to which theprocedure is triggered ('the Member State concerned') shall be heard.
2. As the Treaty does not lay down specific modalities for hearings under Article 7(1) TEU,
standard modalities for hearings are laid down below.
Scope
3. The substantive scope of the issues to be covered by a hearing shall be agreed by Coreper inkeeping within the scope of the issues as raised in the Reasoned Proposal triggering theprocedure of Article 7(1) TEU.
Configuration
4. Up to eight seats (in a 3+2+3 format) are foreseen for the Member State concerned.
Arrangements are made to ensure that Heads of Delegations of the other Member States canbe assisted by a member of their Delegation at the front table (2+3 format).
A. Case of a Reasoned Proposal by one third of the Member States
5. At the first hearing, a representative of the Member States that submitted the Reasoned
Proposal shall present it; this should not exceed 20 minutes. The Member State concerned
shall then be given the opportunity to present its views; this initial presentation should notexceed one hour. The Member State concerned can always elaborate on its views also inwriting. The Commission may provide comments or information relevant for the issues
covered by the hearing; this should not exceed 10 minutes. A question and answer session
is subsequently foreseen, according to the rules presented in paragraph 8.
At the end of the hearing, the Member State concerned is given the opportunity to present
its own observations and remarks; no time limit is foreseen.
The Presidency presents procedural conclusions. No assessment on the substance of theissues is included.
If further hearings are arranged, they shall be structured as set out below in paragraphs 6to 10.
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LIMITEEN6. At the outset of each subsequent hearing, a representative of the Member States that
submitted the Reasoned Proposal has the possibility to provide an update on issues to becovered by the hearing; this should not exceed 15 minutes. The Member State concerned isgiven the opportunity to present its views with regard to the said issues; this should notexceed 20 minutes.
7. The Commission may provide comments or information relevant for the issues to becovered by the hearing; this should not exceed 10 minutes.
8. Member States are invited to put up to two questions for each issue included in thesubstantive scope to the Member State concerned. Each question should not exceed twominutes. The Member State concerned is given the opportunity to respond to each question;
the answer to each question should not exceed 10 minutes. If additional clarification isneeded, delegations can ask follow-up questions, while respecting the same time limit of
two minutes. The Member State concerned is given the opportunity to respond to thefollow-up questions and, where necessary, to further elaborate its answers in writing.
9. At the end of the hearing, the Member States that submitted the Reasoned Proposal aregiven the opportunity to make observations on the elements provided by Member Stateconcerned; this should not exceed 15 minutes. The Member State concerned is given theopportunity to present its own observations and remarks; no time limit is foreseen.
10. The Presidency presents procedural conclusions. No assessment on the substance of theissues is included.
B. Case of Reasoned Proposal by the European Parliament
11. At the first hearing, the Presidency shall report to the Council about its contacts with theEuropean Parliament on its Reasoned Proposal. The Member State concerned shall then begiven the opportunity to present its views; this initial presentation should not exceed onehour. The Member State concerned can always elaborate on its views also in writing. TheCommission may provide comments or information relevant for the issues covered by thehearing; this should not exceed 10 minutes. A question and answer session is subsequentlyforeseen, as set out in paragraph 14. At the end of the hearing, the Member State
concerned is given the opportunity to present its own observations and remarks; no time
limit is foreseen.
The Presidency presents procedural conclusions. No assessment on the substance of theissues is included.

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If further hearings are arranged, they shall be structured as set out below in paragraphs 12to 16.
12. At the outset of a each subsequent hearing, the Member State concerned is given theopportunity to present its views with regard to the issues to be covered by the hearing; thisshould not exceed 20 minutes.
13. The Commission may provide comments or information relevant for the issues to becovered by the hearing; this should not exceed 10 minutes.
14. Member States are invited to put up to two questions for each issue included in thesubstantive scope to the Member State concerned. Each question should not exceed twominutes. The Member State concerned is given the opportunity to respond to each question;
the answer to each question should not exceed 10 minutes. If additional clarification isneeded, delegations can ask follow-up questions, while respecting the same time limit oftwo minutes. The Member State concerned is given the opportunity to respond to thefollow-up questions and, where necessary, to further elaborate its answers in writing.
15. At the end of the hearing, the Member State concerned is given the opportunity to present
its own observations and remarks; no time limit is foreseen.
16. The Presidency presents procedural conclusions. No assessment on the substance of theissues is included.
C. Case of a Reasoned Proposal by the Commission
17. At the first hearing, the Commission shall present its Reasoned Proposal; this should notexceed 20 minutes. The Member State concerned shall then be given the opportunity topresent its views; this initial presentation should not exceed one hour. The Member State
concerned can always elaborate on its views also in writing. A question and answer session
is subsequently foreseen, according to the rules presented in paragraph 20. At the end of thehearing, the Member State concerned is given the opportunity to present its ownobservations and remarks; no time limit is foreseen.
The Presidency presents procedural conclusions. No assessment on the substance of theissues is included.
If further hearings are arranged, they shall be structured as set out below in paragraphs 18to 22.
18. At the outset of each subsequent hearing, the Commission has the possibility to provide anupdate on the issues to be covered by the hearing; this should not exceed 15 minutes.

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19. The Member State concerned is given the opportunity to present its views with regard to thesaid issues; this should not exceed 20 minutes.
20. Member States are invited to put up to two questions to the Member State concerned foreach issue included in the substantive scope. Each question should not exceed two minutes.
The Member State concerned is given the opportunity to respond to each question; theanswer to each question should not exceed 10 minutes. If additional clarification is needed,delegations can ask follow-up questions, while respecting the same time limit of twominutes. At the end of the hearing the Member State concerned is given the opportunity torespond to the follow-up questions and, where necessary, to further elaborate its answers inwriting.
21. At the end of the hearing, the Commission is given the opportunity to make observations on
the elements provided by Member State concerned; this should not exceed 15 minutes. The
Member State concerned is given the opportunity to present its own observations andremarks; no time limit is foreseen.
22. The Presidency presents procedural conclusions. No assessment on the substance of theissues is included.
Outcome23. Minutes of the hearing reflect the procedural conclusions. In addition, a formal report ismade by the General Secretariat of the Council.
Transitional and final provisions
24. For procedures under Article 7(1) TEU that have started before the present standard
modalities for hearings were set out, the modalities laid down in this document shall beapplicable as from the relevant stage reached by a procedure.
25. These standard modalities are without prejudice to the application of the rules of procedureof the Council.

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