A4-0155/97

Resolution on the Commission reports to the European Council- on the application of the subsidiarity principle in 1994(COM(94)0533 - C4-0215/95)- entitled 'Better Law-making' on the application of the subsidiarity and proportionality principles, on simplification and on consolidation - 1995(CSE(95)0580 - C4-0561/95)- entitled 'Better Law-making 1996' on the application of the subsidiarity and proportionality principles, on simplification and on consolidation (CSE(96)0007 - C4-0015/97)- on the application of the subsidiarity and proportionality principles (interim report)(CSE(96)0002 - C4-0355/96)

The European Parliament,

- having regard to Article 3b of the EC Treaty and Article B of the Treaty on European Union,

- having regard to the conclusions of the Edinburgh European Council of 11 and 12 December 1992,

- having regard to the interinstitutional agreement of 25 October 1993 between the Parliament, the Council and the Commission on procedures for implementing the principle of subsidiarity ((OJ C 329, 6.12.1993, p. 135.)),

- having regard to the Commission report to the European Council on the application of the subsidiarity principle in 1994 (COM(94)0533 - C4-0215/95),

- having regard to the Commission report - entitled 'Better Law-making' - to the European Council on the application of the subsidiarity and proportionality principles, on simplification and on consolidation (CSE(95)0580 - C4-0561/95),

- having regard to the Commission interim report of 12 June 1996 to the European Council on the application of the subsidiarity and proportionality principles (CSE(96)0002 - C4-0355/96),

- having regard to the Commission report of 27 November 1996 ('Better Law-making 1996') to the European Council on the application of the subsidiarity and proportionality principles, on simplification and on consolidation (CSE(96)0007 - C4-0015/97),

- having regard to the report by the Committee on Legal Affairs and Citizens' Rights (A4-0155/97),

A. whereas the principle of subsidiarity has a political dimension in so far as it seeks to ensure that Community decisions are adopted as closely as possible to the citizen, but whereas the inclusion of the principle of subsidiarity in the Treaties is specifically intended to regulate the definition and implementation of Community actions on the basis of the competences conferred on it by the Member States without, however, affecting in any way the allocation of competences within the Member States,

B. whereas the Community is based on the explicit attribution of competences in so far as there is no presumption of Community competence, which constitutes an exception to Member State competence,

C. whereas respect for the principle of explicit attribution presupposes the non- interference of Community institutions in affairs which fall within the competence of the Member States; whereas, however, it is incumbent on the same institutions to undertake any action necessary for them to accomplish the mission, achieve the goals and fulfil the obligations assigned to them by the Treaties,

D. whereas the exercise of shared competences requires an attribution criterion which will ensure the legitimacy and effectiveness of Community action when joint action proves necessary,

E. whereas the inclusion of the principle of subsidiarity in the Treaties is intended to prompt Community intervention in areas which do not fall within its exclusive competence only if and in so far as the objectives of the proposed action cannot be adequately achieved by the Member States and can, by reason of the scale or effects of the proposed action, be better achieved by the Community,

F. whereas the principle of subsidiarity is a dynamic concept which must be applied in the light of the objectives stated in the Treaties as they duly evolve,

G. whereas Community institutions should adopt an appropriate legal technique in the drawing up of legislative acts so as to guarantee the clarity and coherence of Community law,

1. Recalls that the principle of subsidiarity constitutes a mandatory legal rule of a constitutional nature, binding on the institutions of the Union and the Member States, and should not obstruct the Community's legitimate exercise of the shared competences conferred on it by the Treaty, let alone prevent the development of actions for which the Community has exclusive competence;

2. Marks its agreement with the Commission's position that 'subsidiarity and proportionality must not be used as pretexts to call into question all that the Community has already achieved or to return to the intergovernmental method, which is neither efficient nor democratic' ((CSE(96)0002 - C4-0015/97, Conclusions, p. 11.));

3. Considers that the disputes regarding the implementation of the principles of subsidiarity and proportionality should preferably be settled at the political level, on the basis of the interinstitutional agreement of 25 October 1993, but recalls that the concrete application of those two legal principles is subject to the interpretation of the Court of Justice pursuant to Article 164 of the EC Treaty;

4. Notes that the Commission has thought it appropriate to extend its most recent reports on subsidiarity, which it has entitled 'Better Law-making', to cover planned measures to simplify and consolidate Community law; notes with concern the confusion to which that approach gives rise and stresses the essential difference between simplification and consolidation - and the clarity they bring - which are criteria of good legislative technique, and subsidiarity and proportionality, which are principles of a legal nature;

5. Invites the Community institutions to consider whether it is efficient to have a specific annual report on the subsidiarity principle, or whether the same aims could be achieved in an annex to the annual legislative report, comprising an assessment both of the principles of subsidiarity and proportionality and of the simplification of legislation;

6. Stresses that, when the Commission plans an initiative in implementation of the principle of subsidiarity, it should demonstrate the legitimacy of its action by identifying the Community dimension of the problem as well as the advantage in terms of the effectiveness of Community action compared with action by the Member States acting individually;

7. Considers that in this analysis of the advantage in terms of effectiveness, the Commission should take particular account of the cost of the envisaged Community action, the consequences for the competitiveness of the Union's economy, the impact on SMEs/SMIs, the repercussions for employment, as well as aspects relating to equal opportunities and the environment, to mention only some of the most important aspects;

8. Notes with concern the Commission's tendency, as a result of the failure of more ambitious initiatives and/or of Council policy, to present 'framework directives', (e.g. taxation of heavy goods vehicles, public purchase offers, new strategies for water policy) and codes of conduct and emphasizes the risk of thereby creating law of a status which is uncertain, less mandatory ('soft law') and less sure, which results in fictitious harmonization and in uncertain transposition into the national legal orders;

9. Considers that in cases where the Treaties prescribe the use of the codecision procedure, the Commission must avoid upsetting the balance between the institutions, and thus make the Union more transparent and democratic;

10. Notes with concern the lack of progress during the period 1994-1996 in essential areas of the internal market, in particular the free movement of persons and the European public limited liability company, and condemns the way in which this state of affairs has been influenced by use of the subsidiarity principle in a manner contrary to the Treaty;

11. Is concerned about the fact that during the period 1994-1996 questions relating to subsidiarity were systematically raised in relation to initiatives taken under new policies, in particular in the fields of culture, the audiovisual sector, energy, research, the protection of health, consumers and the environment, work and the fight against unemployment, and stresses that the application of the principle of subsidiarity cannot under any circumstances result in a weakening of Community law;

12. Calls on the Commission to undertake to demonstrate, in a detailed manner, in its next report that the principle of subsidiarity has not been applied to the detriment of the acquis communautaire;

13. Marks its agreement with the principle proposed by the Commission that Europe 'must do less to do better', but observes with concern the increasing number of preparatory documents presented in 1996 (13 Green Papers, 2 White Papers, numerous reports, communications and action programmes); fears that this investment of time and resources by the Commission could be detrimental to its activity in the field of legislation on which it has a sole right of initiative;

14. Notes that the Commission has withdrawn a large number of pending legislative proposals (48 during 1996), considered obsolete, and requests the Commission in future to take into account Parliament's prior opinion on the matter;

15. Considers it necessary to introduce a consistent hierarchy of norms into Community law in order to promote the transparency and coherence of the legal system; notes also the need for a clear distinction between, on the one hand, binding norms and, on the other hand, preparatory documents and declaratory statements;

16. Considers it desirable for legislative proposals and preparatory documents (Green Papers, White Papers, reports, communications) to be made available to the national parliaments of Member States in time for them to be able to express opinions on the subjects concerned and so strengthen cooperative relations with the European Parliament;

17. Is greatly disturbed by the practice of Member State administrations of 'gold plating' EC directives when implementing them into their national law;

18. Regrets that national parliaments are often failing to monitor effectively the transposition of EC directives into their national law;

19. Welcomes the informal consolidation of the Community's legal instruments - this being most important and a precondition for making the Union accessible to citizens and enterprises - and stresses the importance of using new information technology both in the consolidation and the publication of legislation;

20. Considers that the wording of Article 3b should not be reviewed by the IGC but that consideration should be given, together with the Council and the Commission, to improving the implementation of the code of conduct drawn up on the basis of the interinstitutional agreement of 25 October 1993;

21. Instructs its President to forward this resolution to the Commission, the parliaments of the Member States, the Council, the governments of the Member States, the Committee of the Regions, the Court of Justice and the European Council.