European Parliament resolution on European citizens’ right of petition (2001/2137(INI))
Date: 2001-12-11
Institutions: European Parliament
Subjects: European citizenship, citizens' Europe, infringement of EU law, petition

C 177 E/60

Official Journal of the European Communities

EN

25.7.2002

Tuesday 11 December 2001

15. Right of petition (procedure without debate)

A5-0429/2001

European Parliament resolution on European citizens’ right of petition (2001/2137(INI))

The European Parliament,

(cid:16) having regard to Articles 21 and 194 of the EC Treaty, establishing the right of petition,

(cid:16) having regard to the 1989 Interinstitutional Agreement on the right of petition (1),

(cid:16) having regard to Article 10 of the EC Treaty on cooperation between the Community institutions and

Member States,

(cid:16) having regard to the ruling of the Court of Justice of 30 March 1995 concerning interinstitutional

cooperation between the Council and the European Parliament (Case C-65/93) (2),

(cid:16) having regard to its resolution of 15 May 2001 on the institution of the petition at the dawn of the

21st century (3),

(cid:16) having regard to the Charter of Fundamental Rights of the European Union (4),

(cid:16) having regard to the Commission White Paper on European governance (COM(2001) 428),

(cid:16) having regard to Rule 163 of its Rules of Procedure,

(cid:16) having regard to the report by the Committee on Petitions (A5-0429/2001),

A. whereas European citizens are under the terms of the Treaty, entitled to petition the European Parlia-
ment on subjects falling within the sphere of activity of the European Union and of direct concern to
them,

B. whereas there is a need to strengthen the institution of the petition in the spirit of optimal European
governance so as to bring individual citizens closer to Parliament and the Community institutions,

C. whereas, in cases where the Committee on Petitions notes that a fundamental right recognised under
the Treaty or secondary legislation has been infringed or is being recognised, directly applicable legal
instruments to redress the legal situation are not available,

D.

seeking the introduction of new legal instruments available to petitioners making it possible if necess-
ary to establish formally that Community law has been infringed or improperly implemented, thereby
infringing an individual right,

E. whereas many petitions reveal cases of serious infringement by the national authorities of European
legislation, such as environmental and consumer protection legislation or legislation seeking to safe-
guard threatened species of flora and fauna; whereas infringement of such legislation could also result
in the irreparable destruction of invaluable parts of mankind’s cultural heritage,

F. whereas it is necessary to be able to identify suitably flexible legal mechanisms making it possible to
take preventive measures sufficiently far in advance by way of precaution and to take immediate steps
to bring to a halt the offending activity,

G.

recalling that, under the new wording of Article 230 of the EC Treaty as envisaged by the Treaty of
Nice, the European Parliament is entitled to bring a case to the Court of Justice on grounds of
infringement of the Treaty or any rule relating to its application,

(1) OJ C 120, 16.5.1989, p. 90.
(2) Reports 1995, p. I-0643.
(3)
‘Texts Adopted’, Item 8.
(4) OJ C 364, 18.12.2000, p. 1.

25.7.2002

EN

Official Journal of the European Communities

C 177 E/61

Tuesday 11 December 2001

1.
Calls for the following provisions to be added to Article 194 of the EC Treaty: ‘To avoid the risk of
further infringements of the rights of a citizen drawing attention to non-compliance with a Community
provision Parliament, the Commission and the Council may, under the codecision procedure provided for
in Article 251 of the Treaty and in accordance with a request from Parliament endorsed by the Commis-
sion, formulate a new wording for the Community provision in question’;

2.
Calls on the Commission to consider measures to facilitate a rapid response in cases where the
parliamentary committee responsible, together with the Commission, establishes that a serious violation
of Community environmental or consumer protection legislation or legislation for the protection of flora
and fauna has occurred;

3.
Considers that, to implement these measures, provision should be made for new legal mechanisms
and suitably flexible procedures involving Parliament and the Commission so that immediate action can be
taken to bring to an immediate end the offending activity;

Instructs its President to forward this resolution to the Council, the Commission, the governments of

4.
the Member States and the Intergovernmental Conference responsible for amendment of the Treaties.

16. Ombudsman special report (Bavarian Lager Company) (procedure without

debate)

A5-0423/2001

European Parliament resolution on the Special Report to the European Parliament following the
draft recommendation to the European Commission in complaint 713/98/IJH (made in accordance
with Article 3(7) of the Statute of the European Ombudsman) (C5-0463/2001 6 2001/2194(COS))

The European Parliament,

(cid:16) having regard to the Special Report by the European Ombudsman to the European Parliament

(C5-0463/2001),

(cid:16) having regard to Articles 21, 194, 195, 255 and 286 of the EC Treaty,

(cid:16) having regard to Articles 1 and 6 of the Treaty on European Union,

(cid:16) having regard to its decision of 9 March 1994 on the regulations and general conditions governing

the performance of the Ombudsman’s duties (1),

(cid:16) having regard to Article 3(7) of the Statute of the European Ombudsman,

(cid:16) having regard to its previous resolutions of 16 July 1998 on the Special Report by the European
Ombudsman on public access to documents (2); of 15 May 2001 on the institution of the petition at
the dawn of the 21st century (3); of 6 September 2001 on the European Ombudsman’s Special Report
on a Code of Good Administrative Behaviour (4),

(cid:16) having regard to Articles 8 and 10 of the European Convention for the Protection of Human Rights

and Fundamental Freedoms,

(cid:16) having regard to Article 7, 8, 11, 41 and 42 of the Charter of Fundamental Rights of the European

Union,

(1) OJ L 113, 4.5.1994, p. 15.
(2) OJ C 292, 21.9.1998, p. 170.
(3)
‘Texts Adopted’, Item 8.
(4)
‘Texts Adopted’, Item 10.