European Parliament resolution on the Commission report Better Lawmaking 2002 pursuant to Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality (10th report) (COM(2002) 715 — C5-0007/2003 — 2003/2009(INI))
Date: 2004-02-26
Institutions: Committee on Legal Affairs, European Parliament
Subjects: European Commission, drafting of EU law, operation of the Institutions, principle of proportionality, principle of subsidiarity

23.4.2004

EN

Official Journal of the European Union

C 98 E/155

Thursday 26 February 2004

Recognises the positive moves made by Iran in signing the additional protocol on nuclear material

19.
standards and hopes that the Majlis will ratify the text within a reasonable period;

20. Welcomes Libya’s intention to renounce nuclear weapons programmes and to welcome uncon-
ditional inspections;

Calls on the EU to work with its international partners to develop and promote a nuclear-free zone

21.
in the Middle East;

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

22.
of the Member States, the UN Secretary-General and all States Parties to the Treaty.

P5_TA(2004)0113

Better lawmaking (2002)

European Parliament resolution on the Commission report ‘Better Lawmaking 2002’ pursuant to
Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality
(10th report) (COM(2002) 715 (cid:1) C5-0007/2003 (cid:1) 2003/2009(INI))

The European Parliament,

(cid:1) having regard to the Commission report (COM(2002) 715 (cid:1) C5-0007/2003),

(cid:1) having regard to its resolution of 12 July 1990 on the principle of subsidiarity (1),

(cid:1) having regard to its resolution of 16 May 2002 on the division of competences between the European

Union and the Member States (2),

(cid:1) having regard to Rules 47(2) and 163 of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0048/

2004),

A. whereas the principle of subsidiarity plays a vital role in establishing the authority of Community

legislation and in deciding whether laws should be adopted at European Union level,

B. whereas the principle of subsidiarity is a crucial element in monitoring the separation of powers
between the EU and the Member States and a useful tool for enabling Member States to assume
legislative competence,

C. whereas it is above all a political process,

D. whereas the dialogue between the institutions needs to be clarified and institutionalised,

E. whereas, in its previous ‘Better Lawmaking’ reports, the Commission concentrated mainly on examin-

ing how it had implemented the principles of subsidiarity and proportionality,

F. whereas,

in its 1998 report, the Commission emphasised the responsibility of the Parliament, the

Council and the Member States in applying the principles of subsidiarity and proportionality,

G. whereas, in its 2002 report, the Commission focused on certain Union policies,

(1) OJ C 231, 17.9.1990, p. 163.
(2) OJ C 180 E, 31.7.2003, p. 493.

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Official Journal of the European Union

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23.4.2004

Thursday 26 February 2004

H. whereas its Rules of Procedure provide for it to review respect for the principles of subsidiarity and

proportionality,

Recalls that the principle of subsidiarity aims to ensure that decisions are taken as closely as possible

1.
to the Union’s citizens;

Is convinced that the principle entails a form of scrutiny as to whether the reach of Community

2.
action into the domain of the Member States is justified;

3.
Recalls that the principle of subsidiarity should also serve to encourage Union intervention in sectors
which do not fall within its exclusive competence if, and to the extent that, the objectives of the planned
action cannot be adequately achieved by the Member States and can therefore be better achieved at Com-
munity level;

Stresses that ex-ante and ex-post examination of this multifaceted principle is of utmost importance

4.
within the context of the Union dynamics;

5. Welcomes the work of the Convention on subsidiarity and proportionality;

6.
Supports the early warning system involving national parliaments proposed in the draft Constitution
and believes that, where appropriate, the system should be extended to other legislative parliaments and
assemblies within the Member States;

7.
Urges the Member States accordingly to adopt procedures that allow national parliaments, and,
where appropriate, other legislative parliaments and assemblies within Member States to be involved in
the legislative procedure;

8.

Regrets that the 2002 report focused solely on the main policy objectives for 2002;

Emphasises that the relevance of the Commission’s choices is also to be examined in the light of
9.
other political actions relevant to the application of the principles of subsidiarity and proportionality, and
that they should be addressed in future reports;

10.
Recognises that other aspects of lawmaking explored in the report (such as legal drafting, simplifi-
cation or codification) are also important and interesting, but asks again that the Commission focus more
closely on the raison d’être of the report, in order to produce a clear, relevant and meaningful review of
how and with what measure of success the principles of subsidiarity and proportionality have been applied
by the Community;

11.
Considers that the report’s new focus should therefore result in the Commission concentrating on
the truly European issues assigned to it by the Treaties and refraining from intervening in fields which are
clearly better dealt with by levels of government closer to citizens, while indicating which fields it con-
siders more appropriate for the adoption of laws at national level;

12.

Instructs its President to forward this resolution to the Council and the Commission.

P5_TA(2004)0114

Spring Summit: follow-up to Lisbon

European Parliament resolution on the preparation of the spring summit 2004

The European Parliament,

(cid:1) having regard to the conclusions of the Lisbon European Council of 23/24 March 2000,

(cid:1) having regard to the conclusions of the Nice European Council of 7, 8 and 9 December 2000,