Victor Negrescu’s report on the legal justification of the EU Council votes, officially registered at the European Parliament

– The document drafted for the EP Committee on Constitutional Affairs proposes mutual sincere cooperation between EU institutions –

Victor Negrescu’s report calling for opening negotiations on an interinstitutional agreement on a clear framework concerning special legislative procedures (SLP) has been officially submitted to the European Parliament.

The aim of the report discussed in the Committee on Constitutional Affairs is to highlight the need for mutual sincere cooperation between European institutions, the respect of treaty-based rules and timely decision making in full transparency.

The document drafted by the MEP as rapporteur of the European Parliament’s Committee on Constitutional Affairs explicitly refers to and selects politically relevant cases where the Council did not engage in mutual sincere cooperation, highlighting by those examples where and how special procedure is applicable.

For instance, the document evokes the situation of Romania and Bulgaria regarding accession to the free movement area.

In the case of the Schengen agreement, a special legislative procedure consists of the adoption of a legislative act by the Council after having obtained Parliament’s opinion.

The report underlines that the procedure is essential also in the case of consultation and recalls the situation concerning Romania and Bulgaria’s accession to the Schengen free movement area, postponed for several years, and blocked by an unjustified veto, recalling the request of the Parliament and of the Commission to make it happen by the end of 2023.

Victor Negrescu recommends in the report a series of solutions to improve the capacity of the European Union to react through decisions adopted in full transparency and respecting the treaties.

The MEP insists in the above-mentioned document on the obligation for Member States to present a justification for the veto ”based on the provisions of the Treaty, on respect for the fundamental rights of all EU citizens and Member States and on the Charter of Fundamental Rights of the European Union”.

The document also proposes that vetoes that do not comply with EU law should be declared null and void.

It also highlights ”the need to define precise requirements on the time frame for the adoption of an act by the Council” and a switch to a simplified validation or voting system.

The report is due to be debated in the European Parliament’s Constitutional Affairs Committee on 4 September. The vote at committee level is scheduled for the end of October and the plenary vote by the end of the year.

The report is available to the following link: https://www.europarl.europa.eu/doceo/document/AFCO-PR-751581_EN.pdf

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