MIME-Version: 1.0 Content-Location: file:///C:/8C6BC8E2/ARTICLE61B.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 61 B]

JUSTICE:

NATIONAL PARLIAMENTS UNDER LEGAL OBLIGATION

TO MAKE SURE EU POLICE AND JUSTICE

COMPLY WITH NATIONAL AUTHORITY

 [ARTICLE 61B]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area: Treaty on the Functioning of the European Union, Part Three Policies and Internal Actions of the Union, Titl= e IV – Area of Freedom, security and Justice, Chapter 1 General Provisions, Article 61B

 

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 64, replacement Chapter 1 and Articles 61 to 61I TEC (TFEU) general provisions relating to an area of freedom, security and justice; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“= ;ARTICLE 61 B=

National Parliaments ensure that the proposals and legislative initiatives submitted under Chapters 4 and 5 comply with the principle of subsidiarity, in accordance with t= he arrangements laid down by the Protocol on the application of the principles= of subsidiarity and proportionality.”

 

Consolidated Treaty Article(s):

n/a

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Expl= anation:

This is a new provision. It stresses = that National Parliaments will ensure that proposals and legislative initiatives= in judicial cooperation in criminal matters and police cooperation comply with= the principle of subsidiarity. It is important that national Parliaments are involved in these matters but it has been said that the Treaty places a legal obligation upon Member States to contribute.

 

It should not amount to a legal obligation on Parliament to do this. The European Scrutiny Committee is not convinced and concluded that “the text of the Reform Treaty has been amended so as = to put beyond any doubt the principle that no obligation must be imposed on Parliament.” The Committee had stated in its first report: “We w= ish to emphasise that the proposals in the Reform Trea= ty raise a serious difficulty of constitutional order in as much as they appea= r to impose, whether by accident or design, a legal duty on national parliaments “to contribute actively to the good functioning of the Union” by taking part in various described activities. National parliaments, unlike t= he European Parliament, are not creations of the Treaties and their rights are= not dependent on them. In our view, the imposition of such a legal duty on the Parliament of this country is objectionable as a matter of principle and mu= st be resisted.” =

 

The Protocols on the position of National Parliaments and on the application of the principles of subsidiarity and proportionality will be discussed further.