European Parliament legislative resolution on the proposal for a Council decision setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals (COM(2003) 49 - C5-0050/2003 - 2003/0019(CNS))
Date: 2003-06-03
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU migration policy, European judicial area, area of freedom, security and justice, removal

18.3.2004

EN

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C 68 E/81

Tuesday 3 June 2003

P5_TA(2003)0229

Amendment to the Statute of the Court of Justice *

European Parliament legislative resolution on the draft Council decision amending the Protocol on
the Statute of the Court of Justice (6282/2003 (cid:1) C5-0056/2003 (cid:1) 2003/0804(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the draft Council decision (6282/2003) (1),

(cid:1) having regard to Article 245(2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to

which the Council consulted Parliament (C5-0056/2003),

(cid:1) having regard to Rule 67 of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0148/

2003),

1.

2.

3.

4.

Approves the draft Council decision;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the draft decision substantially;

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in the OJ.

P5_TA(2003)0230

Compensation of the financial imbalances resulting from expulsions *

European Parliament legislative resolution on the proposal for a Council decision setting out the
criteria and practical arrangements for the compensation of the financial imbalances resulting from
the application of Council Directive 2001/40/EC on the mutual recognition of decisions on the
expulsion of third country nationals (COM(2003) 49 (cid:1) C5-0050/2003 (cid:1) 2003/0019(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the Commission proposal to the Council (COM(2003) 49) (1),

(cid:1) having regard to Article 63(3) of the EC Treaty,

(cid:1) having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C5-0050/2003),

(cid:1) having regard to Rule 67 of its Rules of Procedure,

(1) Not yet published in the OJ.

C 68 E/82

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18.3.2004

(cid:1) having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the

proposal’s legal basis,

(cid:1) having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home

Affairs (A5-0166/2003),

Rejects the Commission proposal;

Calls on the Commission to withdraw its proposal and submit a new one;

Instructs its President to forward its position to the Council and Commission.

1.

2.

3.

P5_TA(2003)0231

Monitoring the application of Community law (2001)

European Parliament resolution on the Commission’s eighteenth annual report on monitoring the
application of community law (2000) (COM(2001) 309 (cid:1) C5-0506/2001 (cid:1) 2001/2197(COS)) and
on the Commission’s nineteenth annual report on monitoring the application of community law
(2001) (COM(2002) 324 (cid:1) C5-0483/2002 (cid:1) 2001/2197(COS))

The European Parliament,

(cid:1) having regard to the Commission’s eighteenth annual report (COM(2001) 309 (cid:1) C5-0506/2001),

(cid:1) having regard to the Commission’s nineteenth annual report (COM(2002) 324 (cid:1) C5-0483/2002),

(cid:1) having regard to the Commission staff working paper (SEC(2002) 157),

(cid:1) having regard to Rule 47(1),

(cid:1) having regard to the report of the Committee on Legal Affairs and Internal Market and the opinion of

the Committee on Petitions (A5-0147/2003),

A. whereas the annual Commission reports establish the state of transposition of directives by the

Member States,

B. whereas a proper monitoring of the application of Community law is not merely an assessment of a
percentage of transposition, but also an evaluation of the quality of transposition and of the methods
used in applying the law in practice,

C. whereas the quality of existing and proposed legislation is a crucial element for the correct application

of Community law,

D. whereas the number of complaints relating to infringements of Community law show that European

citizens play a vital role in the application of Community law,

E. whereas the number of preliminary references is a result of the quality of Community legislation,

F. whereas effective legal protection and uniform application and interpretation are essential elements of

Community law,

G. whereas an effective system for judicial review and uniform interpretation of law cannot exist while

the Court of Justice has a limited jurisdiction in justice and home affairs,

H. whereas the Community institutions have a duty to ensure that the citizens of Europe can fully exer-

cise their rights in the Union, in particular as regards access to justice,