MIME-Version: 1.0 Content-Location: file:///C:/8C6BC8E9/ARTICLE61I.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 61 I]

ASYLUM AND MIGRATION POLICY:

MEMBER STATES WILL SURRENDER LEGISLATIVE INITIATIVE

ON BORDER CHECKS, ASYLUM AND IMMIGRATION

AND JUDICIAL COOPERATION IN CIVIL MATTERS

 [ARTICLE 61 I]

 

 

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 61I

 

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 I=

The acts referred to in Chapters 4 and 5, together with = the measures referred to in Article 61 G which ensure administrative cooperation= in the areas covered by these Chapters, shall be adopted:

(a) on a proposal from the Commission, or

(b) on the initiative of a qu= arter of the Member States.".”

 

Consolidated Treaty Article(s):

n/a

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Expl= anation:

The Commission will share its right of initiative with a quarter of the Member States in police and judicial cooperation in criminal matters [Article 61I]. This will reduce the number of Member State initiatives.<= /span> = Presently, under the Third P= illar, the right of initiative belongs to any Member State, or to the Commission but = under Lisbon that will = change.

 

In concerns over policies on border checks, asylum and immigration and judicial cooperation in civil matters (community pillar matters), the Commission shared its right of legislative initiative with the Member States during the transitional period of five years following the en= try into force of the Treaty of Amsterdam. Presently, the Commission has the so= le right of legislative initiative even though Article 6= 7 TEC obliges the Commission to examine requests made by Member States to submit a proposal to the Council. The Lisbon Treaty removes this requiremen= t. Hence, the Commission will have the monopoly over legislative initiative and the Member States appear to have completely surrendered such right of initiativ= e.