A member of the Council of the European Union can transfer his vote to another member.
***
Current TEC
Article 206 of the Treaty establishing the European Community (TEC) offers a Council member the opportunity to be represented by another member of the Council of the European Union (consolidated version of the treaties in force, OJEU 29.12.2006 C 321 E/137):
Article 206 TEC
Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member.
***
Original Lisbon Treaty
Point 191 of the original Treaty of Lisbon (ToL) amended Article 205 TEC and point 192 replaced the wording of Article 207 TEC, so no specific amendments were made to Article 206 TEC (OJEU 17.12.2007 C 306/104-105.
***
Consolidated Lisbon Treaty
There were no horizontal amendments either, so the wording of the provision is unchanged. After renumbering it became Article 239 of the Treaty on the Functioning of the European Union (TFEU) in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/154):
Article 239 TFEU
(ex Article 206 TEC)
Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member.
***
Does it matter?
Article 11(3) of the Council’s Rules of Procedure (consolidated version of 1 January 2009) reiterates the wording of Article 206 TEC, without adding anything.
According to Article 203 TEC, the Council shall consist of a representative of each member state at ministerial level, authorised to commit the government of that member state.
The contents of Article 16(2) of the amended Treaty on European Union (TEU), in the consolidated Lisbon Treaty, are practically the same:
“The Council shall consist of a representative of each Member State at ministerial level, who may
commit the government of the Member State in question and cast its vote.”
In other words, a representative at ministerial level may transfer his vote to another member of the Council.
The procedure offers the possibility to reach a unanimous decision, if a member is unable to attend, or to reach the needed majority for a decision.
The maximum possible would be 13 member states transferring their votes to as many other members.
***
Participation
Sometimes a government minister is absent, and a high-ranking official, such as a Secretary of State or the EU ambassador (permanent representative) participates in the deliberations, but the wording of the provisions seems to exclude the right to vote.
Article 4 of the Council’s Rules of Procedure provides for representation:
Article 4
Representation of a Council member unable to attend
Subject to the provisions of Article 11 on the delegation of voting rights, a member of the Council who is prevented from attending a meeting may arrange to be represented.
***
If I remember correctly, Chancellor Gerhard Schröder and President Jacques Chirac made a show of Franco-German amity at one meeting of the European Council, when Schröder left the meeting to attend to domestic politics and said that he would be represented by the French President.
(I failed in my modest efforts to find confirmation, but perhaps some reader of this blog can add a reference.)
Ralf Grahn
Showing posts with label member. Show all posts
Showing posts with label member. Show all posts
Tuesday, 7 July 2009
Monday, 2 March 2009
European Parliament: MEPs and political groups
The Rules of Procedure of the European Parliament (16th edition, October 2008) make the political groups instrumental in many respects. Thus, a member of the European Parliament (MEP) needs his or her political group for effective action.
Here are a few additional examples:
A political group can table amendments, as in Rule 62 on amendments to the Council’s common position.
The delegation to the Conciliation Committee is composed on the basis of the size of the political groups and the members are appointed by the political groups (Rule 64).
A political group can propose a debate with the Commission and the Council before accession negotiations with an applicant state commence (Rule 82).
On the proposal of a political group the European Parliament can ask the Council not to issue a mandate for negotiating an international agreement before the EP has been able to state its position (Rule 83).
A political group can put questions to the Commission or the Council (Rule 108).
Political groups are crucial in allotting speaking time (Rule 142) as well as in procedural matters.
Ralf Grahn
Here are a few additional examples:
A political group can table amendments, as in Rule 62 on amendments to the Council’s common position.
The delegation to the Conciliation Committee is composed on the basis of the size of the political groups and the members are appointed by the political groups (Rule 64).
A political group can propose a debate with the Commission and the Council before accession negotiations with an applicant state commence (Rule 82).
On the proposal of a political group the European Parliament can ask the Council not to issue a mandate for negotiating an international agreement before the EP has been able to state its position (Rule 83).
A political group can put questions to the Commission or the Council (Rule 108).
Political groups are crucial in allotting speaking time (Rule 142) as well as in procedural matters.
Ralf Grahn
European Parliament: Composition of committees
In the European elections candidates are heavily dependent on their national parties, especially where they have to be in an electable position on a closed list. Theoretically every member of the European Parliament is elected by the citizens, but in practice the battles decide a few marginal seats (and individual fates) between the political parties.
Once elected, the member of the European Parliament (MEP) depends on his or her political group to get ahead in the game. Despite being loose coalitions ideologically, the political groups handle the levers of power.
The EP committees offer one example.
The political groups in the European Parliament are central to the composition of the committees, where the preparatory political work takes place. The political groups and the non-attached members submit nominations.
The Conference of Presidents, where the EP President and the chairs of the political groups meet, submits proposals to Parliament (plenary), striving to reflect the composition of the Parliament.
The full Parliament can overturn the Conference proposals only on the basis of amendments tabled by at least forty members (which happens to be more than the number of non-attached members).
This means that the individual MEPs depend on the support of their political group if they want to land coveted committee memberships.
The Rules of Procedure of the European Parliament (16th edition, October 2008):
Rule 177 Composition of committees
1. Members of committees and committees of inquiry shall be elected after nominations have been submitted by the political groups and the non-attached Members. The Conference of Presidents shall submit proposals to Parliament. The composition of the committees shall, as far as possible, reflect the composition of Parliament.
-----
Official explanation: When Members change political groups they shall retain, for the remainder of their two and a half year term of office, the seats they hold in parliamentary committees. However, if a Member's change of political group has the effect of disturbing the fair representation of political views in a committee, new proposals for the composition of that committee shall be made by the Conference of Presidents in accordance with the procedure laid down in paragraph 1, second sentence, whereby the individual rights of the Member concerned shall be guaranteed.
-----
2. Amendments to the proposals of the Conference of Presidents shall be admissible only if they are tabled by at least forty Members. Parliament shall vote on such amendments by secret ballot.
3. Members shall be deemed to be elected on the basis of the proposals by the Conference of Presidents, as and where amended pursuant to paragraph 2.
4. Where a political group fails to submit nominations for membership of a committee of inquiry pursuant to paragraph 1 within a time limit set by the Conference of Presidents, the Conference of Presidents shall submit to Parliament only the nominations communicated to it within that time limit.
5. The Conference of Presidents may provisionally decide to fill any vacancy on a committee with the agreement of the persons to be appointed and having regard to paragraph 1.
6. Any such changes shall be placed before Parliament for ratification at the next sitting.
***
Substitutes
The political groups appoint the substitutes even more directly:
Rule 178 Substitutes
1. The political groups and the non-attached Members may appoint a number of permanent substitutes for each committee equal to the number of full members representing them on the committee. The President shall be informed accordingly.
These permanent substitutes shall be entitled to attend and speak at committee meetings and, if the full member is absent, to take part in the vote.
2. In addition, in the absence of the full member and where no permanent substitutes have been appointed or in their absence, the full member of the committee may arrange to be represented at meetings by another member of the same political group, who shall be entitled to vote. The name of the substitute shall be notified to the chair of the committee prior to the beginning of the voting session.
-----
The rest of the text is probably meant to be an official explanation in its entirety despite the inconsistent use of italics:
Paragraph 2 shall apply, mutatis mutandis, to the non-attached Members.
The advance notification provided for in the last sentence of paragraph 2 must be given before the end of the debate or before the opening of the vote on the item or items for which the full member is to be replaced.
The provisions of this Rule encompass two concepts which are clearly defined by this text:
- a political group may not have more permanent substitutes for a committee than it has full members;
- only political groups are entitled to appoint permanent substitutes, on the sole condition that they inform the President.
To conclude:
- the status of permanent substitutes depends exclusively on membership of a given political group;
- where the number of a political group's full members in a committee is altered, the maximum number of permanent substitutes which it can appoint to that committee is altered accordingly;
- Members who change political groups may not keep the status of permanent substitute which they had as members of their original group;
- a committee member may not under any circumstances be a substitute for a colleague who belongs to another political group.
***
A few more examples will follow on the role of the political groups.
Ralf Grahn
Once elected, the member of the European Parliament (MEP) depends on his or her political group to get ahead in the game. Despite being loose coalitions ideologically, the political groups handle the levers of power.
The EP committees offer one example.
The political groups in the European Parliament are central to the composition of the committees, where the preparatory political work takes place. The political groups and the non-attached members submit nominations.
The Conference of Presidents, where the EP President and the chairs of the political groups meet, submits proposals to Parliament (plenary), striving to reflect the composition of the Parliament.
The full Parliament can overturn the Conference proposals only on the basis of amendments tabled by at least forty members (which happens to be more than the number of non-attached members).
This means that the individual MEPs depend on the support of their political group if they want to land coveted committee memberships.
The Rules of Procedure of the European Parliament (16th edition, October 2008):
Rule 177 Composition of committees
1. Members of committees and committees of inquiry shall be elected after nominations have been submitted by the political groups and the non-attached Members. The Conference of Presidents shall submit proposals to Parliament. The composition of the committees shall, as far as possible, reflect the composition of Parliament.
-----
Official explanation: When Members change political groups they shall retain, for the remainder of their two and a half year term of office, the seats they hold in parliamentary committees. However, if a Member's change of political group has the effect of disturbing the fair representation of political views in a committee, new proposals for the composition of that committee shall be made by the Conference of Presidents in accordance with the procedure laid down in paragraph 1, second sentence, whereby the individual rights of the Member concerned shall be guaranteed.
-----
2. Amendments to the proposals of the Conference of Presidents shall be admissible only if they are tabled by at least forty Members. Parliament shall vote on such amendments by secret ballot.
3. Members shall be deemed to be elected on the basis of the proposals by the Conference of Presidents, as and where amended pursuant to paragraph 2.
4. Where a political group fails to submit nominations for membership of a committee of inquiry pursuant to paragraph 1 within a time limit set by the Conference of Presidents, the Conference of Presidents shall submit to Parliament only the nominations communicated to it within that time limit.
5. The Conference of Presidents may provisionally decide to fill any vacancy on a committee with the agreement of the persons to be appointed and having regard to paragraph 1.
6. Any such changes shall be placed before Parliament for ratification at the next sitting.
***
Substitutes
The political groups appoint the substitutes even more directly:
Rule 178 Substitutes
1. The political groups and the non-attached Members may appoint a number of permanent substitutes for each committee equal to the number of full members representing them on the committee. The President shall be informed accordingly.
These permanent substitutes shall be entitled to attend and speak at committee meetings and, if the full member is absent, to take part in the vote.
2. In addition, in the absence of the full member and where no permanent substitutes have been appointed or in their absence, the full member of the committee may arrange to be represented at meetings by another member of the same political group, who shall be entitled to vote. The name of the substitute shall be notified to the chair of the committee prior to the beginning of the voting session.
-----
The rest of the text is probably meant to be an official explanation in its entirety despite the inconsistent use of italics:
Paragraph 2 shall apply, mutatis mutandis, to the non-attached Members.
The advance notification provided for in the last sentence of paragraph 2 must be given before the end of the debate or before the opening of the vote on the item or items for which the full member is to be replaced.
The provisions of this Rule encompass two concepts which are clearly defined by this text:
- a political group may not have more permanent substitutes for a committee than it has full members;
- only political groups are entitled to appoint permanent substitutes, on the sole condition that they inform the President.
To conclude:
- the status of permanent substitutes depends exclusively on membership of a given political group;
- where the number of a political group's full members in a committee is altered, the maximum number of permanent substitutes which it can appoint to that committee is altered accordingly;
- Members who change political groups may not keep the status of permanent substitute which they had as members of their original group;
- a committee member may not under any circumstances be a substitute for a colleague who belongs to another political group.
***
A few more examples will follow on the role of the political groups.
Ralf Grahn
Friday, 27 February 2009
European Parliament: MEPs’ assistants
The so called Assistants’ Statute has now been published. Officially it is Council Regulation (EC) No 160/2009 of 23 February 2009 amending the Conditions of Employment of Other Servants of the European Communities; Official Journal of the European Union (OJEU) 27.2.2009 L 55/1.
The Regulation enters into force after the European elections in June 2009. It lays down basic rules on ‘accredited parliamentary assistants’, employed at one of the European Parliament's three places of work under the specific legal arrangements adopted on the basis of Article 283 of the Treaty and whose contracts are concluded and administered directly by the European Parliament. These assistants will be employed directly by the European Parliament.
The European Parliament will adopt implementing rules.
Local assistants will still work on contracts concluded according to the applicable national laws, but subject to the implementing provisions to be issued.
Ralf Grahn
The Regulation enters into force after the European elections in June 2009. It lays down basic rules on ‘accredited parliamentary assistants’, employed at one of the European Parliament's three places of work under the specific legal arrangements adopted on the basis of Article 283 of the Treaty and whose contracts are concluded and administered directly by the European Parliament. These assistants will be employed directly by the European Parliament.
The European Parliament will adopt implementing rules.
Local assistants will still work on contracts concluded according to the applicable national laws, but subject to the implementing provisions to be issued.
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
Saturday, 14 February 2009
Members of the European Parliament: Privileges and immunities
My third Valentine’s Day post goes out with my best wishes to all readers and commentators as well as my fellow Eurobloggers and the aggregators of the Euroblogosphere at Bloggingportal.eu.
***
After this outburst of sentimentalism, a quick return to the bricks and mortar of European integration.
Starting from the normal presentation of the current treaties and the Lisbon Treaty, this short detour began from the provisions on the European Parliament. The European elections are coming up in June 2009, so I wanted to look at the available official information about the basics concerning these largest supra-national elections in the world, with almost 400 million potential voters.
After the background and the general provisions concerning the European Parliament, we now look at what Protocol (No 36) on the privileges and immunities of the European Communities, OJEU 29.12.2006 C 321 E/318, has to say about the Members of the European Parliament (MEPs):
CHAPTER III
MEMBERS OF THE EUROPEAN PARLIAMENT
Article 8
No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.
Members of the European Parliament shall, in respect of customs and exchange control, be accorded:
(a) by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions;
(b) by the government of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions.
Article 9
Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.
Article 10
During the sessions of the European Parliament, its Members shall enjoy:
(a) in the territory of their own State, the immunities accorded to members of their parliament;
(b) in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.
Immunity shall likewise apply to Members while they are travelling to and from the place of meeting of the European Parliament.
Immunity cannot be claimed when a Member is found in the act of committing an offence and shall not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.
***
Comment
These EU-wide parliamentary rights and immunities resemble those applicable nationally to parliamentarians in the member states, and they seem necessary for the functioning of the European Parliament.
Still, I am doubtful if provisions tying the members to the legal rules concerning the immunities accorded at national level are the right solution. If we think that the citizens of the European Union should be represented equally, the rules pertaining to their representatives (MEPs) should be the same, to the extent possible, shouldn’t they?
Ralf Grahn
***
After this outburst of sentimentalism, a quick return to the bricks and mortar of European integration.
Starting from the normal presentation of the current treaties and the Lisbon Treaty, this short detour began from the provisions on the European Parliament. The European elections are coming up in June 2009, so I wanted to look at the available official information about the basics concerning these largest supra-national elections in the world, with almost 400 million potential voters.
After the background and the general provisions concerning the European Parliament, we now look at what Protocol (No 36) on the privileges and immunities of the European Communities, OJEU 29.12.2006 C 321 E/318, has to say about the Members of the European Parliament (MEPs):
CHAPTER III
MEMBERS OF THE EUROPEAN PARLIAMENT
Article 8
No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.
Members of the European Parliament shall, in respect of customs and exchange control, be accorded:
(a) by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions;
(b) by the government of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions.
Article 9
Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.
Article 10
During the sessions of the European Parliament, its Members shall enjoy:
(a) in the territory of their own State, the immunities accorded to members of their parliament;
(b) in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.
Immunity shall likewise apply to Members while they are travelling to and from the place of meeting of the European Parliament.
Immunity cannot be claimed when a Member is found in the act of committing an offence and shall not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.
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Comment
These EU-wide parliamentary rights and immunities resemble those applicable nationally to parliamentarians in the member states, and they seem necessary for the functioning of the European Parliament.
Still, I am doubtful if provisions tying the members to the legal rules concerning the immunities accorded at national level are the right solution. If we think that the citizens of the European Union should be represented equally, the rules pertaining to their representatives (MEPs) should be the same, to the extent possible, shouldn’t they?
Ralf Grahn
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