Public parliamentary proceedings and records are important. At treaty level the European Parliament is given the duty to publish its proceedings officially.
Internet publication and press services cater to immediate and practical needs.
It is a huge task for the European Parliament to serve nearly 500 million EU residents and more than 700 MEPs (more or less equally) in 23 official languages.
The internal bodies of the EP could make their materials more accessible to EU citizens, but in accessibility and accountability the European Parliament beats the Council fair and square.
***
Current treaty
Article 199 of the Treaty establishing the European Community (TEC), as published in the consolidated version of the treaties in force in the Official Journal of the European Union (OJEU) 29.12.2006 C 321 E/135, concerns two aspects of the European Parliament:
1) adopting the Rules of Procedure, and
2) publishing the proceedings.
Article 199 TEC
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in its Rules of Procedure.
***
Original Lisbon Treaty
Article 2, point 187 of the original Treaty of Lisbon amended the second paragraph of Article 197 TEC (OJEU 17.12.2007 C 306/103):
187) In the second paragraph of Article 199, the words ‘manner laid down in its Rules of Procedure’ shall be replaced by ‘manner laid down in the Treaties and in its Rules of Procedure’.
***
Consolidated Lisbon Treaty
In the consolidated (readable) Treaty of Lisbon the slightly amended provision became Article 232 of the Treaty on the Functioning of the European Union (TFEU), published OJEU 9.5.2008 C 115/152:
Article 232 TFEU
(ex Article 199 TEC)
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in the Treaties and in its Rules of Procedure.
***
EP Rules of Procedure
Minutes
The main provisions on publishing are found in the Rules of Procedure of the European Parliament (16th edition, October 2008).
The minutes of the proceedings, containing the decisions and the names of speakers, are produced and approved quickly.
They are published in the Official Journal of the European Union (OJEU). Actual publication of the minutes lags far behind the month mentioned.
The 257 page minutes of the sittings from 15 to 18 December 2008 were published in OJEU 12.3.2009 C 58E, almost three months later. They were available in the official languages, including Maltese and the newest ones Bulgarian and Romanian, but not in Gaelic (Irish).
The lag means that the minutes officially published are of interest to researchers, but for more immediate purposes Internet publishing in general and the Press service of the EP are more suitable:
CHAPTER 7 PUBLIC RECORD OF PROCEEDINGS
Rule 172 Minutes
1. The minutes of each sitting, containing the decisions of Parliament and the names of speakers, shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting.
[Official explanation: In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this paragraph, even if the relevant Commission proposal or the Council's common position is ultimately rejected, pursuant to Rule 52(1) or Rule 61(3) respectively.]
The texts adopted by Parliament shall be distributed separately. Where legislative texts adopted by Parliament contain amendments, they shall be published in a consolidated version.
2. At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting.
3. If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered. No Member may speak on the minutes for more than one minute.
4. The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published within one month in the Official Journal of the European Union.
***
Verbatim reports
Written records of the proceedings are produced, but published in a little known annex to the Official Journal at a more leisurely pace:
Rule 173 Verbatim reports
1. A verbatim report of the proceedings of each sitting shall be drawn up in all official languages.
2. Speakers shall be required to return corrections to typescripts of their speeches to the Secretariat within one week.
3. The verbatim report shall be published as an annex to the Official Journal of the European Union.
4. Members may request extracts of the verbatim report to be translated at short notice.
***
Audiovisual record
There is more immediacy to the posting of the proceedings of the plenary on the Internet, officially immediately after the sitting.
In practice it is quicker than that, because you can follow the proceedings live (Séance en direct), either listening to the speakers in the original language or with (almost) simultaneous interpretation depending on if there is a bridging language between the source language and your language (target language):
Rule 173 a Audiovisual record of proceedings
Immediately after the sitting, an audiovisual record of the proceedings, including the soundtrack from all interpretation booths, shall be produced and made available on the Internet.
***
Press service and information on the web
Accountability and accessibility
The Press service of the European Parliament produces material ahead of the sessions and of the sittings on a daily basis. The press releases often contain links to the committee reports or the approved texts (resolutions).
In addition, the web pages of the European Parliament offer general information about the EP and MEPs and links to the political groups, as well as possibilities to find meeting documents, draft reports and reports of committees.
The Legislative Observatory offers search opportunities (not always easy to master) and possibilities to follow individual procedures.
Ahead of the European elections in June 2009, the European Parliament has launched informative election pages.
All in all, the proceedings of the European Parliament leave a fairly clear paper trail (although the reasons given may be opaque) and the materials on the political work are relatively accessible for citizens. Compare with the Council’s web pages, and you see the difference.
Although relatively few EU citizens are interested in the inner workings of the European Parliament, it would enhance visibility and accountability to make the meeting documents of the internal bodies (Bureau, Conference of Presidents) readily available on the Internet.
Ralf Grahn
Showing posts with label 199 TEC. Show all posts
Showing posts with label 199 TEC. Show all posts
Sunday, 15 March 2009
Friday, 13 March 2009
European Parliament: Rules of Procedure
Within the treaty framework, the European Parliament adopts and amends its Rules of Procedure, without binding the other institutions or third parties.
The Rules of Procedure regulate the main part of decision-making and procedures within the European Parliament.
Clearer references to the version in force and amendments, as well as when they enter into force and possibly lapse, could be recommended with a view to making life easier for researchers and students of EU law and politics, if no such needs are felt within the EP.
***
Current treaty
Article 199 of the Treaty establishing the European Community (TEC), as published in the consolidated version of the treaties in force in the Official Journal of the European Union (OJEU) 29.12.2006 C 321 E/135, concerns two aspects of the European Parliament:
1) adopting the Rules of Procedure, and
2) publishing the proceedings.
Article 199 TEC
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in its Rules of Procedure.
***
Original Lisbon Treaty
Article 2, point 187 of the original Treaty of Lisbon amended the second paragraph of Article 197 TEC (OJEU 17.12.2007 C 306/103):
187) In the second paragraph of Article 199, the words ‘manner laid down in its Rules of Procedure’ shall be replaced by ‘manner laid down in the Treaties and in its Rules of Procedure’.
***
Consolidated Lisbon Treaty
In the consolidated (readable) Treaty of Lisbon the slightly amended provision became Article 232 of the Treaty on the Functioning of the European Union (TFEU), published OJEU 9.5.2008 C 115/152:
Article 232 TFEU
(ex Article 199 TEC)
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in the Treaties and in its Rules of Procedure.
***
Autonomy and Rules of Procedure
The adoption of the Rules of Procedure is based on the internal autonomy of the European Parliament, but naturally only within the limits set by the treaties. The Rules of Procedure can only express the EP’s views with regard to interinstitutional relations, but they are not legally binding on the other institutions. (The institutions can bind themselves politically and legally by so called interinstitutional agreements.)
The decision requires a majority of the EP’s members, which is higher than the ordinary rule of a majority of the votes cast (Article 198 TEC; 231 TFEU).
***
Rules of Procedure in force
The Rules of Procedure of the European Parliament, 16th edition, have been published in the OJEU 15.2.2005 L 44/1.
The following amendments have been published in the Official Journal:
OJEU 16.12.2006 C 308 E/88-90 Rules 3 and 4
OJEU 23.12.2006 C 317 E/747-748 Rule 81
OJEU 23.12.2006 C 317 E/749 Rules 15 and 182(1), transitional amendments
OJEU 22.12.2006 C 316 E/115-116 Rule 139, transitional amendment
I found no newer consolidated version through Eur-Lex or the Official Journal than the 16th edition mentioned above.
The latest version found through the European Parliament’s web pages is also described as the 16th edition, but dated October 2008:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
Supposedly, this is the version in force, but the amendments are not necessarily clearly indicated.
***
Amending the EP’s Rules of Procedure
Adopting the Rules of Procedures is not mentioned, since they already exist, but amendments are regulated by Rule 202
Rule 202 Amendment of the Rules of Procedure
1. Any Member may propose amendments to these Rules and to the annexes thereto accompanied, if appropriate, by short justifications.
Such proposed amendments shall be translated, printed, distributed and referred to the committee responsible, which shall examine them and decide whether to submit them to Parliament.
For the purpose of applying Rules 150, 151 and 155 to consideration of such proposed amendments in Parliament, references made in those Rules to the 'original text' or the 'Commission proposal' shall be considered as referring to the provision in force at the time.
2. Amendments to these Rules shall be adopted only if they secure the votes of a majority of the component Members of Parliament.
3. Unless otherwise specified when the vote is taken, amendments to these Rules and to the annexes thereto shall enter into force on the first day of the partsession following their adoption.
***
Applying the Rules of Procedure
Rule 201 lays down the formal rules for application and interpretation of the Rules of Procedure if doubts arise. In most organisations advice is sought and given on an informal basis, so formal procedures are more the exception than the norm:
Rule 201 Application of the Rules of Procedure
1. Should doubt arise over the application or interpretation of these Rules of Procedure, the President may refer the matter to the committee responsible for examination.
Committee chairs may do so where such a doubt arises in the course of the committee's work and is related to it.
2. The committee shall decide whether it is necessary to propose an amendment to the Rules of Procedure. In this case it shall proceed in accordance with Rule 202.
3. Should the committee decide that an interpretation of the existing Rules is sufficient, it shall forward its interpretation to the President who shall inform Parliament at its next part-session.
4. Should a political group or at least forty Members contest the committee's interpretation, the matter shall be put to the vote in Parliament. Adoption of the text shall be by a majority of the votes cast provided that at least one-third of Parliament's component Members are present. In the event of rejection, the matter shall be referred back to the committee.
5. Uncontested interpretations and interpretations adopted by Parliament shall be appended in italic print as explanatory notes to the appropriate Rule or Rules.
6. Interpretations shall constitute precedents for the future application and interpretation of the Rules concerned.
7. The Rules of Procedure and interpretations shall be reviewed regularly by the committee responsible.
8. Where these Rules confer rights on a specific number of Members, that number shall be automatically adjusted to the nearest whole number representing the same percentage of Parliament's membership whenever the total size of Parliament is increased, notably following enlargements of the European Union.
***
Committee responsible
According to Annex VI.XVIII, point 8, the Committee on Constitutional Affairs is responsible for the interpretation and application of the Rules of Procedure and proposals for amendments thereto.
***
Interinstitutional agreements
According to Rule 120 interinstitutional agreements may be annexed to the Rules of Procedure, and they may lead to modifications of these rules.
***
Points of order
Rule 166 concerns points of order, when a member alleges failure to respect the Parliament’s Rules of Procedure.
***
Possible improvements
For instance when amending the Rules of Procedure, clearer references could be made to the version in force and later amendments, as well as when they enter into force and possibly lapse, with a view to making life easier for researchers and students of EU law and politics, if no such needs are felt within the European Parliament.
Ralf Grahn
The Rules of Procedure regulate the main part of decision-making and procedures within the European Parliament.
Clearer references to the version in force and amendments, as well as when they enter into force and possibly lapse, could be recommended with a view to making life easier for researchers and students of EU law and politics, if no such needs are felt within the EP.
***
Current treaty
Article 199 of the Treaty establishing the European Community (TEC), as published in the consolidated version of the treaties in force in the Official Journal of the European Union (OJEU) 29.12.2006 C 321 E/135, concerns two aspects of the European Parliament:
1) adopting the Rules of Procedure, and
2) publishing the proceedings.
Article 199 TEC
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in its Rules of Procedure.
***
Original Lisbon Treaty
Article 2, point 187 of the original Treaty of Lisbon amended the second paragraph of Article 197 TEC (OJEU 17.12.2007 C 306/103):
187) In the second paragraph of Article 199, the words ‘manner laid down in its Rules of Procedure’ shall be replaced by ‘manner laid down in the Treaties and in its Rules of Procedure’.
***
Consolidated Lisbon Treaty
In the consolidated (readable) Treaty of Lisbon the slightly amended provision became Article 232 of the Treaty on the Functioning of the European Union (TFEU), published OJEU 9.5.2008 C 115/152:
Article 232 TFEU
(ex Article 199 TEC)
The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members.
The proceedings of the European Parliament shall be published in the manner laid down in the Treaties and in its Rules of Procedure.
***
Autonomy and Rules of Procedure
The adoption of the Rules of Procedure is based on the internal autonomy of the European Parliament, but naturally only within the limits set by the treaties. The Rules of Procedure can only express the EP’s views with regard to interinstitutional relations, but they are not legally binding on the other institutions. (The institutions can bind themselves politically and legally by so called interinstitutional agreements.)
The decision requires a majority of the EP’s members, which is higher than the ordinary rule of a majority of the votes cast (Article 198 TEC; 231 TFEU).
***
Rules of Procedure in force
The Rules of Procedure of the European Parliament, 16th edition, have been published in the OJEU 15.2.2005 L 44/1.
The following amendments have been published in the Official Journal:
OJEU 16.12.2006 C 308 E/88-90 Rules 3 and 4
OJEU 23.12.2006 C 317 E/747-748 Rule 81
OJEU 23.12.2006 C 317 E/749 Rules 15 and 182(1), transitional amendments
OJEU 22.12.2006 C 316 E/115-116 Rule 139, transitional amendment
I found no newer consolidated version through Eur-Lex or the Official Journal than the 16th edition mentioned above.
The latest version found through the European Parliament’s web pages is also described as the 16th edition, but dated October 2008:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
Supposedly, this is the version in force, but the amendments are not necessarily clearly indicated.
***
Amending the EP’s Rules of Procedure
Adopting the Rules of Procedures is not mentioned, since they already exist, but amendments are regulated by Rule 202
Rule 202 Amendment of the Rules of Procedure
1. Any Member may propose amendments to these Rules and to the annexes thereto accompanied, if appropriate, by short justifications.
Such proposed amendments shall be translated, printed, distributed and referred to the committee responsible, which shall examine them and decide whether to submit them to Parliament.
For the purpose of applying Rules 150, 151 and 155 to consideration of such proposed amendments in Parliament, references made in those Rules to the 'original text' or the 'Commission proposal' shall be considered as referring to the provision in force at the time.
2. Amendments to these Rules shall be adopted only if they secure the votes of a majority of the component Members of Parliament.
3. Unless otherwise specified when the vote is taken, amendments to these Rules and to the annexes thereto shall enter into force on the first day of the partsession following their adoption.
***
Applying the Rules of Procedure
Rule 201 lays down the formal rules for application and interpretation of the Rules of Procedure if doubts arise. In most organisations advice is sought and given on an informal basis, so formal procedures are more the exception than the norm:
Rule 201 Application of the Rules of Procedure
1. Should doubt arise over the application or interpretation of these Rules of Procedure, the President may refer the matter to the committee responsible for examination.
Committee chairs may do so where such a doubt arises in the course of the committee's work and is related to it.
2. The committee shall decide whether it is necessary to propose an amendment to the Rules of Procedure. In this case it shall proceed in accordance with Rule 202.
3. Should the committee decide that an interpretation of the existing Rules is sufficient, it shall forward its interpretation to the President who shall inform Parliament at its next part-session.
4. Should a political group or at least forty Members contest the committee's interpretation, the matter shall be put to the vote in Parliament. Adoption of the text shall be by a majority of the votes cast provided that at least one-third of Parliament's component Members are present. In the event of rejection, the matter shall be referred back to the committee.
5. Uncontested interpretations and interpretations adopted by Parliament shall be appended in italic print as explanatory notes to the appropriate Rule or Rules.
6. Interpretations shall constitute precedents for the future application and interpretation of the Rules concerned.
7. The Rules of Procedure and interpretations shall be reviewed regularly by the committee responsible.
8. Where these Rules confer rights on a specific number of Members, that number shall be automatically adjusted to the nearest whole number representing the same percentage of Parliament's membership whenever the total size of Parliament is increased, notably following enlargements of the European Union.
***
Committee responsible
According to Annex VI.XVIII, point 8, the Committee on Constitutional Affairs is responsible for the interpretation and application of the Rules of Procedure and proposals for amendments thereto.
***
Interinstitutional agreements
According to Rule 120 interinstitutional agreements may be annexed to the Rules of Procedure, and they may lead to modifications of these rules.
***
Points of order
Rule 166 concerns points of order, when a member alleges failure to respect the Parliament’s Rules of Procedure.
***
Possible improvements
For instance when amending the Rules of Procedure, clearer references could be made to the version in force and later amendments, as well as when they enter into force and possibly lapse, with a view to making life easier for researchers and students of EU law and politics, if no such needs are felt within the European Parliament.
Ralf Grahn
Sunday, 8 March 2009
European Parliament: Lisbon Treaty implementation (Corbett report)
The European Parliament works to overhaul its Rules of Procedure. Some of the revised rules are intended to take effect when the new Parliament convenes after the European elections in June 2009. Others are being crafted to take effect if and when the EU Treaty of Lisbon enters into force, because implementing the new treaty will require adaptation by all institutions. (The EP seems to be the only one of them with any visible activity.)
***
Treaty provisions
The European Parliament adopts its Rules of Procedure. Currently this is stated in Article 199 of the Treaty establishing the European Community (TEC). If the Treaty of Lisbon enters into force, the corresponding provision is found in Article 232 of the Treaty of the Functioning of the European Union (TFEU).
But the reason for a revision of the European Parliament’s Rules of Procedure lie in the changed terminology and substance of the Treaty of Lisbon.
***
AFCO Draft Report
Richard Corbett has drafted a Report for the Committee on Constitutional Affairs of the European Parliament (AFCO):
Draft Report on on the general revision of Parliament's Rules of Procedure; rappoteur Richard Corbett (15 December 2008); available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.935+03+DOC+PDF+V0//EN&language=EN .
The procedure to follow is 2007/2124(REG).
***
Legal base and Rules
Since the legal base (above) leaves the decisions to the EP, the draft Report refers to Rules 201 and 202 of the EP’s Rules of Procedure:
TITLE XII APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE
Rule 201 Application of the Rules of Procedure
1. Should doubt arise over the application or interpretation of these Rules of Procedure, the President may refer the matter to the committee responsible for examination.
Committee chairs may do so where such a doubt arises in the course of the committee's work and is related to it.
2. The committee shall decide whether it is necessary to propose an amendment to the Rules of Procedure. In this case it shall proceed in accordance with Rule 202.
3. Should the committee decide that an interpretation of the existing Rules is sufficient, it shall forward its interpretation to the President who shall inform Parliament at its next part-session.
4. Should a political group or at least forty Members contest the committee's interpretation, the matter shall be put to the vote in Parliament. Adoption of the text shall be by a majority of the votes cast provided that at least one-third of Parliament's component Members are present. In the event of rejection, the matter shall be referred back to the committee.
5. Uncontested interpretations and interpretations adopted by Parliament shall be appended in italic print as explanatory notes to the appropriate Rule or Rules.
6. Interpretations shall constitute precedents for the future application and interpretation of the Rules concerned.
7. The Rules of Procedure and interpretations shall be reviewed regularly by the committee responsible.
8. Where these Rules confer rights on a specific number of Members, that number shall be automatically adjusted to the nearest whole number representing the same percentage of Parliament's membership whenever the total size of Parliament is increased, notably following enlargements of the European Union.
Rule 202 Amendment of the Rules of Procedure
1. Any Member may propose amendments to these Rules and to the annexes thereto accompanied, if appropriate, by short justifications.
Such proposed amendments shall be translated, printed, distributed and referred to the committee responsible, which shall examine them and decide whether to submit them to Parliament.
For the purpose of applying Rules 150, 151 and 155 to consideration of such proposed amendments in Parliament, references made in those Rules to the 'original text' or the 'Commission proposal' shall be considered as referring to the provision in force at the time.
2. Amendments to these Rules shall be adopted only if they secure the votes of a majority of the component Members of Parliament.
3. Unless otherwise specified when the vote is taken, amendments to these Rules and to the annexes thereto shall enter into force on the first day of the partsession following their adoption.
***
Documentation
When we consider that there have been many editions of the Rules of Procedure, and that there have existed various versions of the 16th edition, some of which have not been published in the Official Journal of the European Union, it would be a nice touch if the Report made a clear reference to the latest one in force and possible amendments already approved, right at the beginning (probably the 16th edition, October 2008).
The draft Report proposes that the EP decides to insert the Code of Conduct for negotiating codecision files, as approved by its Conference of Presidents on 18 September 2008, into its Rules of Procedure as Annex XVIe.
At least for outside readers it would have been easier if the draft Report had included the text of the proposed new Annex XVIe. As we have noted before, the decisions by the internal bodies of the EP are not directly accessible to the public, and a simple search on the EP website drew a blank.
***
Amendments
There are proposed 84 amendments in all, some taking into account major changes, others introducing minor adjustments of terminology.
Here are the main areas where amendments are proposed: the Charter of Fundamental Rights, the multiannual financial framework, respect for the principles of subsidiarity and proportionality (with deadline of eight weeks for national parliaments; “yellow card” and “orange card”), legislative proposals from member states or groups of member states, interinstitutional negotiations in legislative procedures, a new Chapter 6a on constitutional matters, budgetary procedures, consent procedure, delegated acts, a new Title IIa on external relations, rules on debates, split or separate votes, committee coordinators and shadow rapporteurs, as well as a new category of guidelines and codes of conduct among the Annexes. A number of provisions would be deleted because they have become obsolete.
Ralf Grahn
***
Treaty provisions
The European Parliament adopts its Rules of Procedure. Currently this is stated in Article 199 of the Treaty establishing the European Community (TEC). If the Treaty of Lisbon enters into force, the corresponding provision is found in Article 232 of the Treaty of the Functioning of the European Union (TFEU).
But the reason for a revision of the European Parliament’s Rules of Procedure lie in the changed terminology and substance of the Treaty of Lisbon.
***
AFCO Draft Report
Richard Corbett has drafted a Report for the Committee on Constitutional Affairs of the European Parliament (AFCO):
Draft Report on on the general revision of Parliament's Rules of Procedure; rappoteur Richard Corbett (15 December 2008); available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.935+03+DOC+PDF+V0//EN&language=EN .
The procedure to follow is 2007/2124(REG).
***
Legal base and Rules
Since the legal base (above) leaves the decisions to the EP, the draft Report refers to Rules 201 and 202 of the EP’s Rules of Procedure:
TITLE XII APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE
Rule 201 Application of the Rules of Procedure
1. Should doubt arise over the application or interpretation of these Rules of Procedure, the President may refer the matter to the committee responsible for examination.
Committee chairs may do so where such a doubt arises in the course of the committee's work and is related to it.
2. The committee shall decide whether it is necessary to propose an amendment to the Rules of Procedure. In this case it shall proceed in accordance with Rule 202.
3. Should the committee decide that an interpretation of the existing Rules is sufficient, it shall forward its interpretation to the President who shall inform Parliament at its next part-session.
4. Should a political group or at least forty Members contest the committee's interpretation, the matter shall be put to the vote in Parliament. Adoption of the text shall be by a majority of the votes cast provided that at least one-third of Parliament's component Members are present. In the event of rejection, the matter shall be referred back to the committee.
5. Uncontested interpretations and interpretations adopted by Parliament shall be appended in italic print as explanatory notes to the appropriate Rule or Rules.
6. Interpretations shall constitute precedents for the future application and interpretation of the Rules concerned.
7. The Rules of Procedure and interpretations shall be reviewed regularly by the committee responsible.
8. Where these Rules confer rights on a specific number of Members, that number shall be automatically adjusted to the nearest whole number representing the same percentage of Parliament's membership whenever the total size of Parliament is increased, notably following enlargements of the European Union.
Rule 202 Amendment of the Rules of Procedure
1. Any Member may propose amendments to these Rules and to the annexes thereto accompanied, if appropriate, by short justifications.
Such proposed amendments shall be translated, printed, distributed and referred to the committee responsible, which shall examine them and decide whether to submit them to Parliament.
For the purpose of applying Rules 150, 151 and 155 to consideration of such proposed amendments in Parliament, references made in those Rules to the 'original text' or the 'Commission proposal' shall be considered as referring to the provision in force at the time.
2. Amendments to these Rules shall be adopted only if they secure the votes of a majority of the component Members of Parliament.
3. Unless otherwise specified when the vote is taken, amendments to these Rules and to the annexes thereto shall enter into force on the first day of the partsession following their adoption.
***
Documentation
When we consider that there have been many editions of the Rules of Procedure, and that there have existed various versions of the 16th edition, some of which have not been published in the Official Journal of the European Union, it would be a nice touch if the Report made a clear reference to the latest one in force and possible amendments already approved, right at the beginning (probably the 16th edition, October 2008).
The draft Report proposes that the EP decides to insert the Code of Conduct for negotiating codecision files, as approved by its Conference of Presidents on 18 September 2008, into its Rules of Procedure as Annex XVIe.
At least for outside readers it would have been easier if the draft Report had included the text of the proposed new Annex XVIe. As we have noted before, the decisions by the internal bodies of the EP are not directly accessible to the public, and a simple search on the EP website drew a blank.
***
Amendments
There are proposed 84 amendments in all, some taking into account major changes, others introducing minor adjustments of terminology.
Here are the main areas where amendments are proposed: the Charter of Fundamental Rights, the multiannual financial framework, respect for the principles of subsidiarity and proportionality (with deadline of eight weeks for national parliaments; “yellow card” and “orange card”), legislative proposals from member states or groups of member states, interinstitutional negotiations in legislative procedures, a new Chapter 6a on constitutional matters, budgetary procedures, consent procedure, delegated acts, a new Title IIa on external relations, rules on debates, split or separate votes, committee coordinators and shadow rapporteurs, as well as a new category of guidelines and codes of conduct among the Annexes. A number of provisions would be deleted because they have become obsolete.
Ralf Grahn
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