27.12.2022
EN
Official Journal of the European Union
C 493/115 Thursday 9 June 2022
5.
Highlights that Parliament made use of its right of initiative by launching a rule of law procedure under Article 7 TEU; condemns the Council’s lack of follow-up to this procedure and to Parliament’s subsequent, repeated calls for action and points out that the Council’s failure to make effective use of Article 7 TEU continues to undermine the integrity of common European values, mutual trust and the credibility of the Union as a whole; deems it essential to ensure a full and immediate implementation of Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (13) while respecting Parliament’s role as co-legislator; considers that the Union remains structurally unprepared to counter backsliding on democracy, the rule of law and fundamental rights and their violation in the Member States; believes that the deterioration on these issues in various Member States has shown the need for genuine interinstitutional cooperation; deeply regrets the lack of proper response to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights and reiterates its call on the Commission and the Council to enter without delay into negotiations with Parliament on an interinstitutional agreement;
6.
Reiterates its reasoned proposal on the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded; reiterates its deep concern that the standard procedures for hearings do not ensure equal treatment of Parliament, on the one hand, and the Commission and one third of the Member States, on the other, when it comes to presenting a reasoned proposal and in terms of access to information; expresses its regret that the hearings have not yet resulted in any significant progress on addressing clear risks of a serious breach of EU values;
7.
Regrets that three Member States have not yet ratified the amended European Union electoral law adopted in 2018;
8.
Regrets, further, that the Council has to date refused to negotiate with Parliament on its right of inquiry, although this contradicts Article 226 TFEU and the principle of sincere cooperation, leaving a provision of the Treaty unimplemented despite a duty to do so;
9.
Welcomes the adoption of the new Statute of the European Ombudsman, following Parliament’s initiative, which ensures that the Statute is consistent with the Treaty of Lisbon;
The rights of initiative of the Council and the European Council established by the Treaties
10.
Regrets that in the area of economic and monetary policy, Article 121 TFEU merely provides for Parliament to be informed; also notes that the Council has exercised Article 121 TFEU as a de facto right of initiative in this area, and demands further responsibilities for Parliament as the only EU institution representing the voice of the citizens;
11.
Acknowledges, furthermore, that Article 68 TFEU has been exercised as a de facto right of initiative by the European Council in the area of freedom, security and justice; highlights the fact that the European Council is not a co-legislator, and that the adoption by the European Council of multiannual operational programmes in this area without any obligation to consult Parliament or the Commission should be revised given the particularly serious impact of these policies on citizens’ fundamental rights; calls for Parliament and the Council to be given this competence on equal terms in an upcoming Treaty revision;
12.
Notes that pursuant to Article 76 TFEU, the Council, through a quarter of its Member States, has a right of initiative that is concurrent with that of the Commission on cooperation on administrative law and police and judicial cooperation in criminal matters;
13.
Notes that these developments are part of a wider trend toward an increasing imbalance between the Council, the European Council and the Commission in decision-making power across all policy fields, to varying degrees; stresses that this practice erodes the institutional architecture of the EU as established by the Treaties; believes that the balance should be restored in favour of democratic legitimacy through equivalent rights for Parliament;
(13)
OJ L 433 I, 22.12.2020, p. 1.