It is a promising sign. The European Parliament has reacted to reports on wide-spread sleaze.
But the statement is an almost blanket denial. The issues are serious enough to merit space. First, let the EP speak.
Then we try to evaluate the measures and trust of the European Parliament.
***
European Parliament press statement
On 24 February 2009 the European Parliament issued the following press release:
Getting the facts straight on MEPs’ allowances
Institutions - 24-02-2009 - 10:34
Recent media reports in some Member States have given a false impression of the situation on MEPs’ expenses. In fact, following an Internal Audit Report made one year ago, the European regulatory framework was subject to a major change last December when Parliament and Council approved a new statute for Parliamentary Assistants.
Moreover, effective controls have already taken place: 99.5 per cent of the payments made by Parliament to Members' assistants in years 2004-2007 under the rules governing parliamentary expenses and allowances has now been cleared as regular based on extensive checks of the relevant documentation.
These checks have been carried out by Parliament’s services for all Members, whether or not they have been subject of reporting in the media and whether or not payments made to their assistants were mentioned in the Internal Audit Report. The checking of the payments relating to parliamentary assistance made in 2008 is currently ongoing.
Major reforms of systems for employment of assistants and travel expenses
Various claims have been made relating to an Internal Audit Report, which found a number of weaknesses in the system for the employment of MEPs’ assistants. The aim of Internal Audit Reports is to enable problems to be fixed, and this report was one of the factors behind Parliament’s decision essentially to replace the system governing the payments of parliamentary assistance allowances with a new European and common regime.
From July this year, Brussels-based assistants are being added on to the employment system for EU officials, with those based in the MEPs’ Member State being handled by qualified paying agents chosen by the Institution, guaranteeing tax and social security arrangements in the relevant Member State. The practice of Members employing close relatives as assistants is being phased out with new contracts no longer allowed.
A major reform of MEPs’ travel expenses will see, from July this year, expenses refunded on the basis of documented costs incurred rather than on a flat-rate basis as is the current practise.
Effective controls in place
Parliament’s services have undertaken and undertake a variety of checks on the various payments made to MEPs' assistants and request further information where doubts arise. If it has turned out that funds have been improperly claimed, the relevant sums have been recovered from the payments concerned. Where there has been and is good reason to suspect fraud, Parliament’s services can, and do, call in the EU’s anti-fraud investigations office, OLAF. This can ultimately lead to cases being passed to the relevant national prosecutors.
***
The EP press release is available at:
http://www.europarl.europa.eu/news/expert/infopress_page/008-50236-054-02-09-901-20090224IPR50235-23-02-2009-2009-false/default_en.htm
***
Documentation
The European Parliament offers supporting documentation, available through the same web page.
‘Allowances paid to Members of the European Parliament’ offers basic information about the amounts paid to MEPs.
There is a link to Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament, published in the Official Journal of the European Union 7.10.2005 L 262/1.
There is also a link to the so called Assistants’ statute, European Parliament legislative resolution P6_TA-PROV(2008)0606 of 16 December 2008 on the proposal for a Council regulation amending the Conditions of employment of other servants of the European Communities, awaiting final approval and publication.
In addition, there is an explanatory press release of 16 December 2008 ‘New employment and payment system for MEPs' assistants’.
***
Evaluation
It is indeed a positive sign that the European Parliament engages in a discussion about its practices. But can the case it presents be likened to more than white-wash?
The European Parliament offers no excuses for the notorious misuse of public funds by elected representatives, for the lack of controls and action against culprits, or for the active suppression of available evidence.
Only the belated reforms undertaken serve as an indirect admission of guilt.
We are now told to trust the European Parliament that the 99.5 per cent of MEPs’ expenses currently cleared as regular are indeed in order. How can we verify that? Are we offered any credible proof? Has the EP decided to publish audit reports?
The European Parliament has placed itself in the unenviable position of having forfeited the trust it might have had.
There is but one remedy to the credibility problem on past history and existing practices: earning back trust by extreme openness. Publish every audit report and invite new ones, open the books for outside inspection and take action against the sinners.
***
Promised reforms
Unrepentant and secretive about the past and present, the European Parliament lets us understand that it is going to become virtuous in July 2009, after the European elections.
The MEPs’ Statute seems to plug one gaping hole, since Article 20 foresees reimbursement or actual travel expenses only, from July 2009. Other allowances can still be flat-rate.
Late in the day, some changes were made to the status of MEPs’ assistants by way of a Bureau decision on 9 July 2008 on Implementing Measures for the Statute for the Members of the European Parliament. (Where are these Implementing Measures on the EP’s web pages?)
If the 16 December 2008 resolution on the so called Assistants’ Statute enters into force, accredited assistants at the EP’s places of work would be paid by the Parliament.
The Assistants’ Statute seemed less clear about the salaries of local assistants in MEPs’ home countries, but perhaps the following sentence in the press release should be interpreted as a promise of implementing measures (reforms) to come:
“The larger package of measures includes not only a European statute for assistants working in Brussels but also the handling of contracts of and payments to assistants working in the Member States by qualified and duly recognised payroll organisations in those countries.”
***
Let me get the facts straight: The European Parliament’s grudging reforms and recent press statement are still a long way off from a public relations success, especially from an institution which profiles itself as a watchdog with regard to how taxpayers’ funds are spent by other EU bodies and member states.
Ralf Grahn
Showing posts with label expenses. Show all posts
Showing posts with label expenses. Show all posts
Thursday, 26 February 2009
Monday, 23 February 2009
European Parliament: Bureau ─ spider in the web
Whether you wonder at MEPs’ expenses or the funding debacle of Libertas, the spider in the web is the Bureau of the European Parliament.
***
We have seen that the European Parliament elects its President and its officers among its members (Article 197 TEC; Article 14(4) TFEU in the consolidated Lisbon Treaty).
We have also seen that the English treaty text refers to the constituent parts (officers), whereas other language versions point to the Bureau.
After looking at the different offices ─ President, fourteen Vice-Presidents and five (now six) Quaestors ─ we turn to the internal ruling body of the European Parliament: the Bureau.
***
Composition of the Bureau
Elected for two and a half years (Rule 16) the President and the fourteen Vice-Presidents automatically form the Bureau, with the Quaestors in an advisory capacity; Rule 21 of the European Parliament’s Rules of Procedure (16th edition, October 2008):
Rule 21 Composition of the Bureau
1. The Bureau shall consist of the President and the fourteen Vice-Presidents of Parliament.
2. The Quaestors shall be members of the Bureau in an advisory capacity.
3. Should voting in the Bureau result in a tie, the President shall have a casting vote.
***
Duties of the Bureau
In the internal life of the European Parliament, the Bureau is the spider in the web. Finances, organisation, administration, members’ issues, personnel as well as funding for Europarties and their political foundations are either regulated or decided by the Bureau, as we see from Rule 22:
Rule 22 Duties of the Bureau
1. The Bureau shall carry out the duties assigned to it under the Rules of Procedure.
2. The Bureau shall take financial, organisational and administrative decisions on matters concerning Members and the internal organisation of Parliament, its Secretariat and its bodies.
3. The Bureau shall take decisions on matters relating to the conduct of sittings.
(Official explanation: The term 'conduct of sittings' includes the matter of the conduct of Members within all of Parliament's premises.)
4. The Bureau shall adopt the provisions referred to in Rule 31 concerning non-attached Members.
5. The Bureau shall decide the establishment plan of the Secretariat and lay down regulations relating to the administrative and financial situation of officials and other servants.
6. The Bureau shall draw up Parliament's preliminary draft estimates.
7. The Bureau shall adopt the guidelines for the Quaestors pursuant to Rule 25.
8. The Bureau shall be the authority responsible for authorising meetings of committees away from the usual places of work, hearings and study and fact-finding journeys by rapporteurs.
Where such meetings are authorised, the language arrangements shall be determined on the basis of the official languages used and requested by the members and substitutes of the committee concerned.
The same shall apply in the case of the delegations, except where the members and substitutes concerned agree otherwise.
9. The Bureau shall appoint the Secretary-General pursuant to Rule 197.
10. The Bureau shall lay down the implementing rules relating to European Parliament and Council Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding and shall, in implementing that Regulation, assume the tasks conferred upon it by these Rules of Procedure.
11. The President and/or the Bureau may entrust one or more members of the Bureau with general or specific tasks lying within the competence of the President and/or the Bureau. At the same time the ways and means of carrying them out shall be laid down.
12. When a new Parliament is elected, the outgoing Bureau shall remain in office until the first sitting of the new Parliament.
***
Who are they?
Who are the ones responsible for the orderly and savoury conduct of EP affairs? Take the rules on MEPs’ expenses, the controls put in place, corrective measures and information to the public. The Bureau is the linchpin.
You can find the composition of the Bureau on the web pages of the European Parliament at:
http://www.europarl.europa.eu/members/expert/otherBodies/search.do?body=2370&language=EN
1.
PÖTTERING, Hans-Gert President
2.
KRATSA-TSAGAROPOULOU, Rodi Vice-President
3.
VIDAL-QUADRAS, Alejo Vice-President
4.
ONESTA, Gérard Vice-President
5.
McMILLAN-SCOTT, Edward Vice-President
6.
MAURO, Mario Vice-President
7.
MARTÍNEZ MARTÍNEZ, Miguel Angel Vice-President
8.
COCILOVO, Luigi Vice-President
9.
ROTHE, Mechtild Vice-President
10.
MORGANTINI, Luisa Vice-President
11.
ROURE, Martine Vice-President
12.
dos SANTOS, Manuel António Vice-President
13.
WALLIS, Diana Vice-President
14.
SIWIEC, Marek Vice-President
15.
BIELAN, Adam Vice-President
16.
NICHOLSON, James Quaestor
17.
LULLING, Astrid Quaestor
18.
DE VITS, Mia Quaestor
19.
FRIEDRICH, Ingo Quaestor
20.
FAZAKAS, Szabolcs Quaestor
21.
MULDER, Jan Quaestor
***
Language arrangements
The Rules of Procedure mention a number of specific tasks for the Bureau. All documents of the European Parliament are drawn up in the official languages and the speeches of MEPs are interpreted simultaneously into the other official languages and other languages the Bureau may decide . Interpretation is provided in committees according to wishes of members. If committees or delegations meet outside the EP, the language arrangements can be more flexible, but in case of disagreement the decision is taken by the Bureau (Rule 138).
The Bureau recommends the abolishment or extension of provisional language arrangements (Article 139).
***
Serious misconduct
The President rules on penalties for MEPs guilty of serious misconduct (Rule 147), but the member concerned can lodge an internal appeal to the Bureau (Rule 148).
***
Funding of Europarties and their foundations
The 2009 EU budget for the European Parliament contains non-negligible funds for political parties at European level (10.9 million euros) and their foundations (7.0 million euros).
The main provisions have been laid down by Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding, originally published OJEU 15.11.2003 L 297/1, but amended by Regulation 1524/2007, so this is a link to the consolidated version (of 27 December 2007):
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2003R2004:20071227:EN:PDF
More detailed rules were issued by the Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the Regulations governing political parties at European level and the rules regarding their funding (OJEU 12.6.2004 C 155/1).
There is a second entry in the Official Journal OJEU 2008 C 252/1, but it was published in the C series, so it should not be an amending decision, only republication for informational purposes:
Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding,
OJEU 3.10.2008 C 252/1.
Anyway, there are the hoops to jump through and the forms to fill out for the political parties and foundations concerned.
As we see, the Decision has been made by the Bureau.
***
Deciding on funding for Europarties
After the provisions on the funding system and its implementation, the EP’s Rules of Procedure regulate the concrete decision making on funds to be distributed to the European level parties and their foundations:
Rule 199 Powers and responsibilities of the Bureau
1. The Bureau shall take a decision on any application for funding submitted by a political party at European level and on the distribution of appropriations amongst the beneficiary political parties. It shall draw up a list of the beneficiaries and of the amounts allocated.
2. The Bureau shall decide whether or not to suspend or reduce funding and to recover amounts which have been wrongly paid.
3. After the end of the budget year the Bureau shall approve the beneficiary political party’s final activity report and final financial statement.
4. Under the terms and conditions laid down in European Parliament and Council Regulation (EC) No 2004/2003 the Bureau may grant technical assistance to political parties at European level in accordance with their proposals. The Bureau may delegate specific types of decisions to grant technical assistance to the Secretary- General.
5. In all the cases set out in the above paragraphs the Bureau shall act on the basis of a proposal from the Secretary-General. Except in the cases set out in paragraphs 1 and 4 the Bureau shall, before taking a decision, hear the representatives of the political party concerned. The Bureau may at any time consult the Conference of Presidents.
6. Where Parliament - following verification - establishes that a political party at European level has ceased to observe the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, the Bureau shall decide that that political party shall be excluded from funding.
***
Libertas controversy
As far as we know from statements to the media, the potential pan-European political party Libertas has fallen foul of these regulations, which its chairman Declan Ganley has interpreted as a conspiracy against Libertas.
In principle, Libertas’ application for status and funds has failed, if I understand correctly, but the Bureau has mandated the EP’s legal services to consider if Libertas should have fulfilled the requirements by the dead-line for the application (1 November 2008) or if irregular or defected “representatives” can be replaced by new ones, which Ganley has offered to do.
***
Budget estimates
The Bureau draws up the preliminary draft estimates of the Euroepan Parliament on the basis of a report by the Secretary-General (Rule 73).
***
Accountability and questions
We have seen that the Bureau has a crucial role in questions of utmost importance to the conduct of the MEPs and the handling of party funding. Therefore the openness, transparency and accountability of the Bureau towards the public are significant.
Rule 28 of the EP’s Rules of Procedure looks promising:
Rule 28 Accountability of the Bureau and the Conference of Presidents
1. The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages, printed and distributed to all Members of Parliament and shall be accessible to the public, unless the Bureau or the Conference of Presidents exceptionally, for reasons of confidentiality, as laid down in Article 4(1) to (4) of European Parliament and Council Regulation (EC) No 1049/2001, decides otherwise with regard to certain items of the minutes.
2. Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing and published in the Bulletin of Parliament within thirty days of tabling, together with the answers given.
***
Accessibility?
After navigating a fair number of pages on the European Parliament website, I am less certain if the European Parliament and I understand the same thing when we employ the term ‘accessible’.
By ‘accessible’ I mean information easily found, but I have failed to locate the decisions of the Bureau.
Based on earlier posts and this one I have come across a few areas, where I think that the European Parliament should step up its efforts to inform the public.
The European Parliament should post all the regulations concerning the European election procedures visibly (both permanently and on its election web pages).
The European Parliament’s decisions concerning MEPs’ allowances, control and the deliberate suppression of information including audit reports have been deplorable. The Bureau is the main responsible for the harm done to the EP’s reputation.
The Bureau’s minutes should be posted visbly on the EP’s web pages.
This includes decisions and documentation with regard to the Libertas funding controversy.
Ralf Grahn
***
We have seen that the European Parliament elects its President and its officers among its members (Article 197 TEC; Article 14(4) TFEU in the consolidated Lisbon Treaty).
We have also seen that the English treaty text refers to the constituent parts (officers), whereas other language versions point to the Bureau.
After looking at the different offices ─ President, fourteen Vice-Presidents and five (now six) Quaestors ─ we turn to the internal ruling body of the European Parliament: the Bureau.
***
Composition of the Bureau
Elected for two and a half years (Rule 16) the President and the fourteen Vice-Presidents automatically form the Bureau, with the Quaestors in an advisory capacity; Rule 21 of the European Parliament’s Rules of Procedure (16th edition, October 2008):
Rule 21 Composition of the Bureau
1. The Bureau shall consist of the President and the fourteen Vice-Presidents of Parliament.
2. The Quaestors shall be members of the Bureau in an advisory capacity.
3. Should voting in the Bureau result in a tie, the President shall have a casting vote.
***
Duties of the Bureau
In the internal life of the European Parliament, the Bureau is the spider in the web. Finances, organisation, administration, members’ issues, personnel as well as funding for Europarties and their political foundations are either regulated or decided by the Bureau, as we see from Rule 22:
Rule 22 Duties of the Bureau
1. The Bureau shall carry out the duties assigned to it under the Rules of Procedure.
2. The Bureau shall take financial, organisational and administrative decisions on matters concerning Members and the internal organisation of Parliament, its Secretariat and its bodies.
3. The Bureau shall take decisions on matters relating to the conduct of sittings.
(Official explanation: The term 'conduct of sittings' includes the matter of the conduct of Members within all of Parliament's premises.)
4. The Bureau shall adopt the provisions referred to in Rule 31 concerning non-attached Members.
5. The Bureau shall decide the establishment plan of the Secretariat and lay down regulations relating to the administrative and financial situation of officials and other servants.
6. The Bureau shall draw up Parliament's preliminary draft estimates.
7. The Bureau shall adopt the guidelines for the Quaestors pursuant to Rule 25.
8. The Bureau shall be the authority responsible for authorising meetings of committees away from the usual places of work, hearings and study and fact-finding journeys by rapporteurs.
Where such meetings are authorised, the language arrangements shall be determined on the basis of the official languages used and requested by the members and substitutes of the committee concerned.
The same shall apply in the case of the delegations, except where the members and substitutes concerned agree otherwise.
9. The Bureau shall appoint the Secretary-General pursuant to Rule 197.
10. The Bureau shall lay down the implementing rules relating to European Parliament and Council Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding and shall, in implementing that Regulation, assume the tasks conferred upon it by these Rules of Procedure.
11. The President and/or the Bureau may entrust one or more members of the Bureau with general or specific tasks lying within the competence of the President and/or the Bureau. At the same time the ways and means of carrying them out shall be laid down.
12. When a new Parliament is elected, the outgoing Bureau shall remain in office until the first sitting of the new Parliament.
***
Who are they?
Who are the ones responsible for the orderly and savoury conduct of EP affairs? Take the rules on MEPs’ expenses, the controls put in place, corrective measures and information to the public. The Bureau is the linchpin.
You can find the composition of the Bureau on the web pages of the European Parliament at:
http://www.europarl.europa.eu/members/expert/otherBodies/search.do?body=2370&language=EN
1.
PÖTTERING, Hans-Gert President
2.
KRATSA-TSAGAROPOULOU, Rodi Vice-President
3.
VIDAL-QUADRAS, Alejo Vice-President
4.
ONESTA, Gérard Vice-President
5.
McMILLAN-SCOTT, Edward Vice-President
6.
MAURO, Mario Vice-President
7.
MARTÍNEZ MARTÍNEZ, Miguel Angel Vice-President
8.
COCILOVO, Luigi Vice-President
9.
ROTHE, Mechtild Vice-President
10.
MORGANTINI, Luisa Vice-President
11.
ROURE, Martine Vice-President
12.
dos SANTOS, Manuel António Vice-President
13.
WALLIS, Diana Vice-President
14.
SIWIEC, Marek Vice-President
15.
BIELAN, Adam Vice-President
16.
NICHOLSON, James Quaestor
17.
LULLING, Astrid Quaestor
18.
DE VITS, Mia Quaestor
19.
FRIEDRICH, Ingo Quaestor
20.
FAZAKAS, Szabolcs Quaestor
21.
MULDER, Jan Quaestor
***
Language arrangements
The Rules of Procedure mention a number of specific tasks for the Bureau. All documents of the European Parliament are drawn up in the official languages and the speeches of MEPs are interpreted simultaneously into the other official languages and other languages the Bureau may decide . Interpretation is provided in committees according to wishes of members. If committees or delegations meet outside the EP, the language arrangements can be more flexible, but in case of disagreement the decision is taken by the Bureau (Rule 138).
The Bureau recommends the abolishment or extension of provisional language arrangements (Article 139).
***
Serious misconduct
The President rules on penalties for MEPs guilty of serious misconduct (Rule 147), but the member concerned can lodge an internal appeal to the Bureau (Rule 148).
***
Funding of Europarties and their foundations
The 2009 EU budget for the European Parliament contains non-negligible funds for political parties at European level (10.9 million euros) and their foundations (7.0 million euros).
The main provisions have been laid down by Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding, originally published OJEU 15.11.2003 L 297/1, but amended by Regulation 1524/2007, so this is a link to the consolidated version (of 27 December 2007):
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2003R2004:20071227:EN:PDF
More detailed rules were issued by the Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the Regulations governing political parties at European level and the rules regarding their funding (OJEU 12.6.2004 C 155/1).
There is a second entry in the Official Journal OJEU 2008 C 252/1, but it was published in the C series, so it should not be an amending decision, only republication for informational purposes:
Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding,
OJEU 3.10.2008 C 252/1.
Anyway, there are the hoops to jump through and the forms to fill out for the political parties and foundations concerned.
As we see, the Decision has been made by the Bureau.
***
Deciding on funding for Europarties
After the provisions on the funding system and its implementation, the EP’s Rules of Procedure regulate the concrete decision making on funds to be distributed to the European level parties and their foundations:
Rule 199 Powers and responsibilities of the Bureau
1. The Bureau shall take a decision on any application for funding submitted by a political party at European level and on the distribution of appropriations amongst the beneficiary political parties. It shall draw up a list of the beneficiaries and of the amounts allocated.
2. The Bureau shall decide whether or not to suspend or reduce funding and to recover amounts which have been wrongly paid.
3. After the end of the budget year the Bureau shall approve the beneficiary political party’s final activity report and final financial statement.
4. Under the terms and conditions laid down in European Parliament and Council Regulation (EC) No 2004/2003 the Bureau may grant technical assistance to political parties at European level in accordance with their proposals. The Bureau may delegate specific types of decisions to grant technical assistance to the Secretary- General.
5. In all the cases set out in the above paragraphs the Bureau shall act on the basis of a proposal from the Secretary-General. Except in the cases set out in paragraphs 1 and 4 the Bureau shall, before taking a decision, hear the representatives of the political party concerned. The Bureau may at any time consult the Conference of Presidents.
6. Where Parliament - following verification - establishes that a political party at European level has ceased to observe the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, the Bureau shall decide that that political party shall be excluded from funding.
***
Libertas controversy
As far as we know from statements to the media, the potential pan-European political party Libertas has fallen foul of these regulations, which its chairman Declan Ganley has interpreted as a conspiracy against Libertas.
In principle, Libertas’ application for status and funds has failed, if I understand correctly, but the Bureau has mandated the EP’s legal services to consider if Libertas should have fulfilled the requirements by the dead-line for the application (1 November 2008) or if irregular or defected “representatives” can be replaced by new ones, which Ganley has offered to do.
***
Budget estimates
The Bureau draws up the preliminary draft estimates of the Euroepan Parliament on the basis of a report by the Secretary-General (Rule 73).
***
Accountability and questions
We have seen that the Bureau has a crucial role in questions of utmost importance to the conduct of the MEPs and the handling of party funding. Therefore the openness, transparency and accountability of the Bureau towards the public are significant.
Rule 28 of the EP’s Rules of Procedure looks promising:
Rule 28 Accountability of the Bureau and the Conference of Presidents
1. The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages, printed and distributed to all Members of Parliament and shall be accessible to the public, unless the Bureau or the Conference of Presidents exceptionally, for reasons of confidentiality, as laid down in Article 4(1) to (4) of European Parliament and Council Regulation (EC) No 1049/2001, decides otherwise with regard to certain items of the minutes.
2. Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing and published in the Bulletin of Parliament within thirty days of tabling, together with the answers given.
***
Accessibility?
After navigating a fair number of pages on the European Parliament website, I am less certain if the European Parliament and I understand the same thing when we employ the term ‘accessible’.
By ‘accessible’ I mean information easily found, but I have failed to locate the decisions of the Bureau.
Based on earlier posts and this one I have come across a few areas, where I think that the European Parliament should step up its efforts to inform the public.
The European Parliament should post all the regulations concerning the European election procedures visibly (both permanently and on its election web pages).
The European Parliament’s decisions concerning MEPs’ allowances, control and the deliberate suppression of information including audit reports have been deplorable. The Bureau is the main responsible for the harm done to the EP’s reputation.
The Bureau’s minutes should be posted visbly on the EP’s web pages.
This includes decisions and documentation with regard to the Libertas funding controversy.
Ralf Grahn
Sunday, 15 February 2009
Members of the European Parliament: Regulations and general conditions
Parts of the rights and duties of members of the European Parliament are covered by the Statute laying down the regulations and general conditions governing the performance of the duties of MEPs, finally approved and set to enter into force after the European Parliamentary elections on 4 to 7 June 2009.
How much the Statute cleans up the unsavoury practices concerning MEPs’ expenses depends on detailed rules set by the European Parliament and the control exercised by the EP in the future.
***
Current treaty
Article 190(5) of the Treaty establishing the European Community (TEC) gives the European Parliament some autonomy in devising the rules governing the performance of the duties of its Members (MEPs).
The EP’s initiative is subject to checks and balances. The Commission issues an opinion and the approval of the Council is needed.
Article 190(5) TEC as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/132:
Article 190(5) TEC
5. The European Parliament, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Consolidated Lisbon Treaty
The substance remains the same if the Treaty of Lisbon enters into force. Taxation of MEPs and former MEPs still requires unanimity within the Council.
Article 223(2) of the Treaty on the Functioning of the European Union (TFEU) takes over and rephrases paragraph 5 of Article 190 TEC, OJEU 9.5.2008 C 115/149:
Article 223(2) TFEU
2. The European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure after seeking an opinion from the Commission and with the approval of the Council, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Problems
The lack of a common Statute for the members of the European Parliament has led to gross iniquities between MEPs from different member states, with huge differences in remuneration tied to salaries of national parliamentarians.
On the other hand, reimbursement of travel and other expenses based on theoretical flat-rate amounts in combination with poor control resulted in a murky culture of MEPs lining their pockets and those of family members.
Cleaning the Augean stables proved to be a long and arduous task. Only after protracted efforts were the European Parliament and the Council able to reconcile their views.
***
Statute
Finally the Decision of the European Parliament 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament was able to introduce uniform rules concerning some aspects of the rules and general conditions applicable to the exercise of MEPs’ mandates.
The old rules apply until the end of the present term of the EP. The Statute enters into force only after the June 2009 European elections, on the first day of the European Parliament parliamentary term beginning in 2009 (Article 30), but there are transitional provisions for old members who might lose out (Articles 25 to 29).
The MEPs’ s Statute is much less than a comprehensive act on the rights and duties of members. Article 1 gives the scope of the Statute:
Article 1
This Statute lays down the regulations and general conditions governing the performance of the duties of Members of the European Parliament.
***
Overview
Many of the provisions refer to the EP’s Rules of Procedure (which will be presented in a later blog post). Here is a ‘telegraphic’ list of the contents of the Articles of the Statute:
Article 2: Freedom and independence of MEPs; agreements on resignation void.
Article 3: Individual and personal vote; binding mandate prohibited.
Article 4: Only tabled documents regarded as EP documents.
Article 5: Right to table proposals for Community acts.
Article 6: Right to inspect EP files (but not personal files and accounts).
Article 7: Translation of documents and speeches into all official languages.
Article 8: Forming political groups.
Article 9: Right to appropriate salary, transitional end-of-service allowance and pension. Survivor’s pension.
Article 10: Salary 38.5 % of the basic salary of a judge at the Court of Justice of the European Communities.
Article 11: Salary from another parliament is offset against EP salary.
Article 12: Salary subject to Community tax, but abatements not. National tax takes Community tax into account.
Article 13: Amount of transitional allowance at the end of office.
Article 14: Amount of old-age pension from the age of 63.
Article 15: Invalid pension.
Article 16: Choice between transitional allowance and invalid pension.
Article 17: Survivor's pension for the spouse and dependent children.
Article 18: Reimbursement of the costs incurred as a result of sickness, pregnancy or the birth of a child.
Article 19: Insurance cover.
Article 20: Reimbursement for expenses subject to rules laid down by the EP.
Article 21: Right to personal staff and expenses met by the EP.
Article 22: Right to the EP's office facilities, telecommunications equipment and official vehicles.
Article 23: All payments from EU budget.
Article 25: Old system optional for re-elected members.
Article 26: Notification of choice of old system.
Article 27: Voluntary pension fund remains for old members.
Article 28: Old national pension entitlements remain in force.
Article 29: Member states’ transitional rules.
Article 30: Entry into force on the first day of the parliamentary term 2009.
***
Allowances paid to MEPs
The European Parliament offers information about the current Allowances paid to Members of the European Parliament, including the general expenditure allowance (4,052 euros per month), the flat-rate travel allowance, the annual travel allowance (EUR 4,000) for other than official meetings, the subsistence allowance (EUR 287 per day) for participation in official business and remuneration of MEPs’ assistants (EUR 16,914 per month plus costs):
http://www.europarl.europa.eu/parliament/expert/staticDisplay.do?id=39&pageRank=1&language=EN
The web pages also refer to the coming detailed rules based on the Statute.
***
Detailed rules
The coming detailed rules concerning the amounts, payment and control of expenses are only referred to in the Statute, but the ingrained practices have been an eyesore for too long.
According to the web page referred to above the work on the new rules is unfinished.
***
EP Rules of Procedure
For those who want to look at the conduct of EP business the European Parliament’s Rules of Procedure (16th edition, October 2008) are available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
But it is somewhat bewildering to find that Eur-Lex refers to the European Parliament ─ Rules of Procedure 16th edition July 2004 (OJEU 15.2.2005 L 44/1), which seems to be the last version officially published and I failed to find the 2008 version through the Publications Office.
Clarifications from readers are invited. We are going to return to the EP’s Rules of Procedure in a later blog post.
Ralf Grahn
How much the Statute cleans up the unsavoury practices concerning MEPs’ expenses depends on detailed rules set by the European Parliament and the control exercised by the EP in the future.
***
Current treaty
Article 190(5) of the Treaty establishing the European Community (TEC) gives the European Parliament some autonomy in devising the rules governing the performance of the duties of its Members (MEPs).
The EP’s initiative is subject to checks and balances. The Commission issues an opinion and the approval of the Council is needed.
Article 190(5) TEC as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/132:
Article 190(5) TEC
5. The European Parliament, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Consolidated Lisbon Treaty
The substance remains the same if the Treaty of Lisbon enters into force. Taxation of MEPs and former MEPs still requires unanimity within the Council.
Article 223(2) of the Treaty on the Functioning of the European Union (TFEU) takes over and rephrases paragraph 5 of Article 190 TEC, OJEU 9.5.2008 C 115/149:
Article 223(2) TFEU
2. The European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure after seeking an opinion from the Commission and with the approval of the Council, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Problems
The lack of a common Statute for the members of the European Parliament has led to gross iniquities between MEPs from different member states, with huge differences in remuneration tied to salaries of national parliamentarians.
On the other hand, reimbursement of travel and other expenses based on theoretical flat-rate amounts in combination with poor control resulted in a murky culture of MEPs lining their pockets and those of family members.
Cleaning the Augean stables proved to be a long and arduous task. Only after protracted efforts were the European Parliament and the Council able to reconcile their views.
***
Statute
Finally the Decision of the European Parliament 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament was able to introduce uniform rules concerning some aspects of the rules and general conditions applicable to the exercise of MEPs’ mandates.
The old rules apply until the end of the present term of the EP. The Statute enters into force only after the June 2009 European elections, on the first day of the European Parliament parliamentary term beginning in 2009 (Article 30), but there are transitional provisions for old members who might lose out (Articles 25 to 29).
The MEPs’ s Statute is much less than a comprehensive act on the rights and duties of members. Article 1 gives the scope of the Statute:
Article 1
This Statute lays down the regulations and general conditions governing the performance of the duties of Members of the European Parliament.
***
Overview
Many of the provisions refer to the EP’s Rules of Procedure (which will be presented in a later blog post). Here is a ‘telegraphic’ list of the contents of the Articles of the Statute:
Article 2: Freedom and independence of MEPs; agreements on resignation void.
Article 3: Individual and personal vote; binding mandate prohibited.
Article 4: Only tabled documents regarded as EP documents.
Article 5: Right to table proposals for Community acts.
Article 6: Right to inspect EP files (but not personal files and accounts).
Article 7: Translation of documents and speeches into all official languages.
Article 8: Forming political groups.
Article 9: Right to appropriate salary, transitional end-of-service allowance and pension. Survivor’s pension.
Article 10: Salary 38.5 % of the basic salary of a judge at the Court of Justice of the European Communities.
Article 11: Salary from another parliament is offset against EP salary.
Article 12: Salary subject to Community tax, but abatements not. National tax takes Community tax into account.
Article 13: Amount of transitional allowance at the end of office.
Article 14: Amount of old-age pension from the age of 63.
Article 15: Invalid pension.
Article 16: Choice between transitional allowance and invalid pension.
Article 17: Survivor's pension for the spouse and dependent children.
Article 18: Reimbursement of the costs incurred as a result of sickness, pregnancy or the birth of a child.
Article 19: Insurance cover.
Article 20: Reimbursement for expenses subject to rules laid down by the EP.
Article 21: Right to personal staff and expenses met by the EP.
Article 22: Right to the EP's office facilities, telecommunications equipment and official vehicles.
Article 23: All payments from EU budget.
Article 25: Old system optional for re-elected members.
Article 26: Notification of choice of old system.
Article 27: Voluntary pension fund remains for old members.
Article 28: Old national pension entitlements remain in force.
Article 29: Member states’ transitional rules.
Article 30: Entry into force on the first day of the parliamentary term 2009.
***
Allowances paid to MEPs
The European Parliament offers information about the current Allowances paid to Members of the European Parliament, including the general expenditure allowance (4,052 euros per month), the flat-rate travel allowance, the annual travel allowance (EUR 4,000) for other than official meetings, the subsistence allowance (EUR 287 per day) for participation in official business and remuneration of MEPs’ assistants (EUR 16,914 per month plus costs):
http://www.europarl.europa.eu/parliament/expert/staticDisplay.do?id=39&pageRank=1&language=EN
The web pages also refer to the coming detailed rules based on the Statute.
***
Detailed rules
The coming detailed rules concerning the amounts, payment and control of expenses are only referred to in the Statute, but the ingrained practices have been an eyesore for too long.
According to the web page referred to above the work on the new rules is unfinished.
***
EP Rules of Procedure
For those who want to look at the conduct of EP business the European Parliament’s Rules of Procedure (16th edition, October 2008) are available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
But it is somewhat bewildering to find that Eur-Lex refers to the European Parliament ─ Rules of Procedure 16th edition July 2004 (OJEU 15.2.2005 L 44/1), which seems to be the last version officially published and I failed to find the 2008 version through the Publications Office.
Clarifications from readers are invited. We are going to return to the EP’s Rules of Procedure in a later blog post.
Ralf Grahn
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