The Treaty of Lisbon lays down the basic numbers and principles regarding representation in the European Parliament, as well as the procedure whereby the European Council makes the decision.
If the Lisbon Treaty enters into force after the European elections 2009, the European Council wants to see transitional measures in place until the end of the 2009 to 2014 parliamentary term.
Is the European Council meeting today and tomorrow going to bring any clarity as to how?
***
Under the Treaty of Lisbon, Article 14(2) of the Treaty on European Union, the European Council decides on the composition of the European Parliament.
The decision has to be:
1) unanimous
2) within the treaty limits
3) based on an initiative by the European Parliament
4) with the consent of the European Parliament
Article 14(2) TEU (OJEU 9.5.2008 C 115/22─23)
2. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
***
Complications
Because the Lisbon Treaty has not entered into force, the European elections from 4 to 7 June 2009 will be arranged under the modified Treaty of Nice. Lisbon and Nice differ on both the total numbers and the allocation of seats between member states.
In other words, if the Lisbon Treaty enters into force, the numbers at treaty level would change during the parliamentary term.
There are two concrete complications:
The number of German MEPs would decrease from 99 to 96, after the election. Should three MEPs be expelled, perhaps only a few months into their mandate?
Twelve member states would gain a seat or two. This complicates matters both at national level (elections/by-elections) and at EU level.
***
December 2008 European Council
The European Council on 11 and 12 December 2008 agreed politically on a way forward. In a declaration annexed to the Presidency conclusions (Council document 17271/1/08 REV 1) the European Council agreed on devising transitional measures for the rest of the 2009─2014 term.
The declaration acknowledged that legal procedures are necessary, but it failed to detail the means.
German surplus
The German surplus was treated by a masterstroke of oblique language, without mentioning the country: the total number of MEPs will rise from 736 to 754 until the end of the 2009-2014 legislative period. The objective is that this modification should enter into force, if possible, during the year 2010.
Treaty level change is needed to modify the treaty, even transitionally. I have argued that it would be preferable to start the process as a separate exercise without delay, in order to enter into force if the Treaty of Lisbon does.
The European Council has indicated only that it would like the modification to enter into force during 2010, but has not explained how. It may have in mind to piggyback the following accession agreement (Croatia).
New MEPs
The additional representation for twelve member states (15 MEPs) is more of a complication at national level. How are the new MEPs going to be elected, as reserves in June 2009 or separately later? If later, this would thwart the character of proportional elections.
Have the member states in question came up with solutions?
Here is the text of the declaration:
Declaration of the European Council
Treaty of Lisbon – Transitional measures concerning the composition of the European Parliament
In the event that the Treaty of Lisbon enters into force after the European elections of June 2009, transitional measures will be adopted as soon as possible, in accordance with the necessary legal procedures, in order to increase, until the end of the 2009-2014 legislative period, in conformity with the numbers provided for in the framework of the IGC which approved the Treaty of Lisbon, the number of MEPs of the twelve Member States for which the number of MEPs was set to increase. Therefore, the total number of MEPs will rise from 736 to 754 until the end of the 2009-2014 legislative period. The objective is that this modification should enter into force, if possible, during the year 2010.
***
Even a short passage is able to raise as many questions as it answers, but it shows that the implementation of the Treaty of Lisbon requires continuous public reporting on progress and proposals.
What can we expect from the Czech Council Presidency today and tomorrow?
Ralf Grahn
Showing posts with label composition. Show all posts
Showing posts with label composition. Show all posts
Thursday, 19 March 2009
Monday, 16 March 2009
European Council: Members and tasks
We turn to the composition and the tasks of the European Council as laid down in the existing treaties and the European Union’s Treaty of Lisbon.
***
Current treaty
Article 4 of the existing Treaty on European Union (TEU) lays down the tasks and the composition of the European Council (in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/12).
The words impetus and guidelines indicate the guiding role of the European Council. The public guidance is summed up in a consensus paper, the Presidency Conclusions formally issued by the member state holding the Council Presidency.
The results are reported to the European Parliament after each meeting by the Council Presidency.
In principle, there is one member from each member state, either the head of state (France and perhaps some other member states with a presidential system) or more commonly the head of government (prime minister).
In some countries the relations are ambiguous or at least contested. Thus, there have been public spats between the president and prime minister of Poland.
Finland is one example of an ambiguous relationship, where the president wants to hold on to a leadership role in foreign policy while the government is responsible for EU affairs. This has led to situations described as the problem of “two plates” (at the dinners). Meanwhile the foreign minister has been exiled from the meeting room.
Article 4 TEU
The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.
The European Council shall bring together the Heads of State or Government of the Member States and the President of the Commission. They shall be assisted by the Ministers for Foreign Affairs of the Member States and by a Member of the Commission. The European Council shall meet at least twice a year, under the chairmanship of the Head of State or Government of the Member State which holds the Presidency of the Council.
The European Council shall submit to the European Parliament a report after each of its meetings and a yearly written report on the progress achieved by the Union.
***
Lisbon Treaty
Article 13 of the Treaty on European Union (TEU), as amended by the Lisbon Treaty, would elevate the European Council to the role of an official EU institution, and Article 15 TEU builds on this to give more detailed provisions on this institution.
Still the European Council does not exercise legislative function, but it makes binding decisions on a number of issues.
The basic membership remains the same, although the President is added to the Commission President (both without votes). The second paragraph clarifies that the High Representative participates in the meetings.
Four regular meetings annually (twice every six months) codifies existing practice, where the current treaty says ‘twice a year’.
The real novelties are in paragraphs 5 and 6: the elected President of the European Council (not of the European Union). The office has been unanimously agreed, but the role of the future President is contested.
Here is the text of Article 15 TEU, as presented in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/23):
Article 15 TEU
1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.
2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.
3. The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.
4. Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.
5. The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure.
6. The President of the European Council:
(a) shall chair it and drive forward its work;
(b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;
(c) shall endeavour to facilitate cohesion and consensus within the European Council;
(d) shall present a report to the European Parliament after each of the meetings of the European Council.
The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.
The President of the European Council shall not hold a national office.
***
Lisbon Treaty implementation
Preparatory work is needed in case the Treaty of Lisbon enters into force. The role and the perquisites of the President of the European Council need to be hammered out.
Progress reports and (alternative) draft proposals are eagerly awaited.
Ralf Grahn
***
Current treaty
Article 4 of the existing Treaty on European Union (TEU) lays down the tasks and the composition of the European Council (in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/12).
The words impetus and guidelines indicate the guiding role of the European Council. The public guidance is summed up in a consensus paper, the Presidency Conclusions formally issued by the member state holding the Council Presidency.
The results are reported to the European Parliament after each meeting by the Council Presidency.
In principle, there is one member from each member state, either the head of state (France and perhaps some other member states with a presidential system) or more commonly the head of government (prime minister).
In some countries the relations are ambiguous or at least contested. Thus, there have been public spats between the president and prime minister of Poland.
Finland is one example of an ambiguous relationship, where the president wants to hold on to a leadership role in foreign policy while the government is responsible for EU affairs. This has led to situations described as the problem of “two plates” (at the dinners). Meanwhile the foreign minister has been exiled from the meeting room.
Article 4 TEU
The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.
The European Council shall bring together the Heads of State or Government of the Member States and the President of the Commission. They shall be assisted by the Ministers for Foreign Affairs of the Member States and by a Member of the Commission. The European Council shall meet at least twice a year, under the chairmanship of the Head of State or Government of the Member State which holds the Presidency of the Council.
The European Council shall submit to the European Parliament a report after each of its meetings and a yearly written report on the progress achieved by the Union.
***
Lisbon Treaty
Article 13 of the Treaty on European Union (TEU), as amended by the Lisbon Treaty, would elevate the European Council to the role of an official EU institution, and Article 15 TEU builds on this to give more detailed provisions on this institution.
Still the European Council does not exercise legislative function, but it makes binding decisions on a number of issues.
The basic membership remains the same, although the President is added to the Commission President (both without votes). The second paragraph clarifies that the High Representative participates in the meetings.
Four regular meetings annually (twice every six months) codifies existing practice, where the current treaty says ‘twice a year’.
The real novelties are in paragraphs 5 and 6: the elected President of the European Council (not of the European Union). The office has been unanimously agreed, but the role of the future President is contested.
Here is the text of Article 15 TEU, as presented in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/23):
Article 15 TEU
1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.
2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.
3. The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.
4. Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.
5. The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure.
6. The President of the European Council:
(a) shall chair it and drive forward its work;
(b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;
(c) shall endeavour to facilitate cohesion and consensus within the European Council;
(d) shall present a report to the European Parliament after each of the meetings of the European Council.
The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.
The President of the European Council shall not hold a national office.
***
Lisbon Treaty implementation
Preparatory work is needed in case the Treaty of Lisbon enters into force. The role and the perquisites of the President of the European Council need to be hammered out.
Progress reports and (alternative) draft proposals are eagerly awaited.
Ralf Grahn
Monday, 2 March 2009
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
Tuesday, 24 February 2009
European Parliament: Conference of Presidents ─ political business
The English versions of the current Article 197 TEC and Article 14(4) TEU of the consolidated Lisbon Treaty regulate only that the European Parliament elects its President and its officers from among its members. In other language versions the officers are defined as the Bureau.
The rest of the internal organisation of the European Parliament is left to itself, with the EP Rules of Procedure as the centrepiece.
Among the various 16th editions the one from October 2008 seems to be the latest, available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
***
Conference of Presidents
Composition
Rule 23 lays down the composition of the Conference of Presidents. The composition highlights the importance of the political groups in the running of parliamentary business. Their chairs are members of the Conference of Presidents, chaired by the EP President. Despite the aim to reach consensus the bottom line is that the largest parliamentary groups dominate, because their chairs vote with their number of MEPs. One non-attached member participates, but without a vote:
Rule 23 Composition of the Conference of Presidents
1. The Conference of Presidents shall consist of the President of Parliament and the chairs of the political groups. The chair of a political group may arrange to be represented by a member of that group.
2. The non-attached Members shall delegate one of their number to attend meetings of the Conference of Presidents, without having the right to vote.
3. The Conference of Presidents shall endeavour to reach a consensus on matters referred to it.
Where a consensus cannot be reached, the matter shall be put to a vote subject to a weighting based on the number of Members in each political group.
***
Duties
The Conference of Presidents is responsible for planning the legislative work and the agendas of the part-sessions, for questions relating to committees, for relations with the Commission and the Council as well as other EU bodies. The Conference maintains relations with national parliaments and non-EU countries and organisations. Seating arrangements and matters relating to the political groups fall within the remit of the Conference:
Rule 24 Duties of the Conference of Presidents
1. The Conference of Presidents shall carry out the duties assigned to it under the Rules of Procedure.
2. The Conference of Presidents shall take decisions on the organisation of Parliament's work and matters relating to legislative planning.
3. The Conference of Presidents shall be the authority responsible for matters relating to relations with the other institutions and bodies of the European Union and with the national parliaments of Member States. The Bureau shall name two Vice-Presidents who shall be entrusted with the implementation of the relations with national parliaments. They shall report back regularly to the Conference of Presidents on their activities in this regard.
4. The Conference of Presidents shall be the authority responsible for matters relating to relations with non-member countries and with non-Union institutions and organisations.
5. The Conference of Presidents shall draw up the draft agenda of Parliament's part-sessions.
6. The Conference of Presidents shall be the authority responsible for the composition and competence of committees, committees of inquiry and joint parliamentary committees, standing delegations and ad hoc delegations.
7. The Conference of Presidents shall decide how seats in the Chamber are to be allocated pursuant to Rule 32.
8. The Conference of Presidents shall be the authority responsible for authorising the drawing up of own-initiative reports.
9. The Conference of Presidents shall submit proposals to the Bureau concerning administrative and budgetary matters relating to the political groups.
***
Suspension or removal of MEP
Among the penalties for serious misconduct, generally decided by the President, is the submission to the Conference of Presidents, pursuant to Rule 18, of a proposal for the Member's suspension or removal from one or more of the elected offices held by the Member in Parliament, according to Rule 147(2)(d).
***
Europarty in breach of f(o)unding principles
Title XI of the Rules of Procedure deal with the relations with Europarties, officially political parties at European level (Rules 198 to 200).
According to Rule 200(1) the Conference of Presidents engages in an exchange of views ahead of a possible decision to refer to the committee responsible the question whether or not a political party at European level is continuing to observe (in particular in its programme and in its activities) the principles upon which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.
***
Accountability
Again we see a positive commitment to openness and transparency. The minutes of the Conference of Presidents are distributed to all MEPs.
The minutes are ‘accessible to the public’, but the meaning of that is unclear. My meager efforts to locate these and other internal documents of the European Parliament on its web pages have come to naught:
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.
***
Who are they?
There is a listing of the members of the Conference of Presidents on the following EP web page:
http://www.europarl.europa.eu/members/expert/otherBodies/search.do?body=1510&language=EN
1.
PÖTTERING, Hans-Gert President
2.
DAUL, Joseph Member
3.
SCHULZ, Martin Member
4.
WATSON, Graham Member
5.
CROWLEY, Brian Member
6.
MUSCARDINI, Cristiana Member
7.
FRASSONI, Monica Member
8.
COHN-BENDIT, Daniel Member
9.
WURTZ, Francis Member
10.
FARAGE, Nigel Member
11.
BELOHORSKÁ, Irena Member
***
The European Parliament should step up its efforts to inform the public of the internal aspects of its work.
Ralf Grahn
The rest of the internal organisation of the European Parliament is left to itself, with the EP Rules of Procedure as the centrepiece.
Among the various 16th editions the one from October 2008 seems to be the latest, available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
***
Conference of Presidents
Composition
Rule 23 lays down the composition of the Conference of Presidents. The composition highlights the importance of the political groups in the running of parliamentary business. Their chairs are members of the Conference of Presidents, chaired by the EP President. Despite the aim to reach consensus the bottom line is that the largest parliamentary groups dominate, because their chairs vote with their number of MEPs. One non-attached member participates, but without a vote:
Rule 23 Composition of the Conference of Presidents
1. The Conference of Presidents shall consist of the President of Parliament and the chairs of the political groups. The chair of a political group may arrange to be represented by a member of that group.
2. The non-attached Members shall delegate one of their number to attend meetings of the Conference of Presidents, without having the right to vote.
3. The Conference of Presidents shall endeavour to reach a consensus on matters referred to it.
Where a consensus cannot be reached, the matter shall be put to a vote subject to a weighting based on the number of Members in each political group.
***
Duties
The Conference of Presidents is responsible for planning the legislative work and the agendas of the part-sessions, for questions relating to committees, for relations with the Commission and the Council as well as other EU bodies. The Conference maintains relations with national parliaments and non-EU countries and organisations. Seating arrangements and matters relating to the political groups fall within the remit of the Conference:
Rule 24 Duties of the Conference of Presidents
1. The Conference of Presidents shall carry out the duties assigned to it under the Rules of Procedure.
2. The Conference of Presidents shall take decisions on the organisation of Parliament's work and matters relating to legislative planning.
3. The Conference of Presidents shall be the authority responsible for matters relating to relations with the other institutions and bodies of the European Union and with the national parliaments of Member States. The Bureau shall name two Vice-Presidents who shall be entrusted with the implementation of the relations with national parliaments. They shall report back regularly to the Conference of Presidents on their activities in this regard.
4. The Conference of Presidents shall be the authority responsible for matters relating to relations with non-member countries and with non-Union institutions and organisations.
5. The Conference of Presidents shall draw up the draft agenda of Parliament's part-sessions.
6. The Conference of Presidents shall be the authority responsible for the composition and competence of committees, committees of inquiry and joint parliamentary committees, standing delegations and ad hoc delegations.
7. The Conference of Presidents shall decide how seats in the Chamber are to be allocated pursuant to Rule 32.
8. The Conference of Presidents shall be the authority responsible for authorising the drawing up of own-initiative reports.
9. The Conference of Presidents shall submit proposals to the Bureau concerning administrative and budgetary matters relating to the political groups.
***
Suspension or removal of MEP
Among the penalties for serious misconduct, generally decided by the President, is the submission to the Conference of Presidents, pursuant to Rule 18, of a proposal for the Member's suspension or removal from one or more of the elected offices held by the Member in Parliament, according to Rule 147(2)(d).
***
Europarty in breach of f(o)unding principles
Title XI of the Rules of Procedure deal with the relations with Europarties, officially political parties at European level (Rules 198 to 200).
According to Rule 200(1) the Conference of Presidents engages in an exchange of views ahead of a possible decision to refer to the committee responsible the question whether or not a political party at European level is continuing to observe (in particular in its programme and in its activities) the principles upon which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.
***
Accountability
Again we see a positive commitment to openness and transparency. The minutes of the Conference of Presidents are distributed to all MEPs.
The minutes are ‘accessible to the public’, but the meaning of that is unclear. My meager efforts to locate these and other internal documents of the European Parliament on its web pages have come to naught:
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.
***
Who are they?
There is a listing of the members of the Conference of Presidents on the following EP web page:
http://www.europarl.europa.eu/members/expert/otherBodies/search.do?body=1510&language=EN
1.
PÖTTERING, Hans-Gert President
2.
DAUL, Joseph Member
3.
SCHULZ, Martin Member
4.
WATSON, Graham Member
5.
CROWLEY, Brian Member
6.
MUSCARDINI, Cristiana Member
7.
FRASSONI, Monica Member
8.
COHN-BENDIT, Daniel Member
9.
WURTZ, Francis Member
10.
FARAGE, Nigel Member
11.
BELOHORSKÁ, Irena Member
***
The European Parliament should step up its efforts to inform the public of the internal aspects of its work.
Ralf Grahn
Friday, 13 February 2009
European Parliament composition under Lisbon Treaty
What happens if the Lisbon Treaty enters into force, when the European Parliament has been elected under the modified Nice Treaty rules? Here are some suggestion for discussion.
***
On 4 to 7 June 2009 the citizens of the European Union elect the members of the European Parliament for the term from 2009 to 2014 according to the Treaty of Nice as amended by the 2003 Act of Accession. The total number of MEPs will be 736 and yesterday’s blog post “European Parliament: Number of MEPs 2009” presented how many members will be elected from each member state.
The uncertain fate of the Treaty of Lisbon complicates the life of the EU institutions. In case the amending treaty enters into force, a number of questions have to be decided for the treaty to take full effect. This means that implementing decisions have to be prepared.
This uncertain state of affairs is disturbing with regard to the appointment of the Commission President and the rest of the new Commission. It also affects the composition of the European Parliament.
***
Consolidated Lisbon Treaty
The basic provision of the Treaty of Lisbon on the European Parliament is Article 14 of the Treaty on European Union (TEC). The provision was published in the consolidated (readable) version of the treaties in the Official Journal of the European Union (OJEU) 9.5.2008 C 115/22─23:
Article 14 TEU
1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.
2. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.
4. The European Parliament shall elect its President and its officers from among its members.
***
European Parliament composition
Paragraph 2 of Article 14 TEU lays down the main parameters for the composition of the European Parliament.
The maximum number of representatives is 751, although the member states chose to ‘respect’ the maximum number of 750 by expressing it as ‘seven hundred and fifty in number, plus the President’. (Declaration No 4 attributes the additional seat to Italy.)
In June 2009 the citizens elect 736 MEPs, but if the Lisbon Treaty enters into force during the legislature, their number jumps to 751, an addition of 15.
***
European Council decision
The more exact distribution of seats would not remain in the treaty. Article 14(2) TEU mentions the total maximum, the minimum and maximum per country and the “principle” of degressive proportionality.
The Lisbon Treaty fails to present an objective formula, but it manages to avoid the need for a treaty revision and ratifications by entrusting the decision to the European Council.
A unanimous decision by the European Council is required. The decision is taken on the initiative of the European Parliament, and it needs the consent of the EP.
***
European Parliament resolution
Originally the Lisbon Treaty was meant to enter into force on 1 January 2009, ahead of the European Parliament elections.
On this basis the European Council requested and received an ‘initiative’ from the European Parliament.
The European Parliament adopted a resolution on 11 October 2007 on the composition of the European Parliament,), P6_TA(2007)0429, available here:
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-0429
The resolution was based on a report by Alain Lamassoure and Adrian Severin, A6-0351/2007. The report set out the number of seats to be allocated for the 2009─2014 parliamentary term in the form of a draft decision by the European Council, based on the coming Article 9a TEU in the coming Treaty of Lisbon (Article 14 TEU in the consolidated treaty).
In practice, the European Parliament distributed the additional seats to achieve an improved balance with regard to population numbers. Here is the text of Article 2 of the adopted resolution:
Article 2
Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows, with effect from the beginning of the 2009-2014 parliamentary term:
Belgium 22
Bulgaria 18
Czech Republic 22
Denmark 13
Germany 96
Estonia 6
Greece 22
Spain 54
France 74
Ireland 12
Italy 72
Cyprus 6
Latvia 9
Lithuania 12
Luxembourg 6
Hungary 22
Malta 6
Netherlands 26
Austria 19
Poland 51
Portugal 22
Romania 33
Slovenia 8
Slovakia 13
Finland 13
Sweden 20
United Kingdom 73
***
Winners and losers
We compare with the numbers actually in force for the 2009 European elections. Germany was the only loser because of the maximum allocation of 96 seats (now 99 representatives). Bulgaria, Latvia, Malta (because of the raised minimum), the Netherlands, Poland, Slovenia and the United Kingdom stood to gain one seat each, France, Austria and Sweden two seats each and Spain would receive four additional seats.
***
European Council
The Lisbon Treaty Declaration (No 5) on the political agreement by the European Council concerning the draft Decision on the composition of the European Parliament promised that the European Council will give its political agreement on the revised draft Decision of the composition of the European Parliament for the legislative period 2009─2014, based on the proposal from the European Parliament.
The European Council gave its political blessing to the proposal of the European Parliament, with the addition that Italy was allocated the extra seat as agreed during the intergovernmental conference (Presidency Conclusions 14 December 2007; Council document 16616/1/07, point 5):
5. In accordance with Declaration No 5 annexed to the Final Act of the Intergovernmental Conference, the European Council gives its political agreement on the draft Decision establishing the composition of the European Parliament which the European Parliament politically approved on 11 October 2007, as revised in accordance with Declaration No 4 annexed to the Final Act. Accordingly, the wording of whereas clauses Nos 2 and 3 of the draft Decision will be adapted to reflect the wording in Article 9 A(2) of the EU Treaty as amended by the Lisbon Treaty and, in the table contained in Article 2, the figure relating to Italy will be "73". This Decision will be adopted as soon as possible after the entry into force of the Lisbon Treaty, in accordance with the procedure laid down in the second subparagraph of Article 9 A(2) of the EU Treaty as amended by the Lisbon Treaty. The European Council invites the Member States to adopt the necessary domestic measures as soon as possible so that, when this Decision comes into force, the national legislation necessary for its implementation is in place in time for the European Parliament elections for the 2009-2014 parliamentary term.
***
United Kingdom?
Nothing in the political agreement of the European Council changed the draft presented by the European Parliament, with the exception of the additional seat allocated to Italy.
This means that the United Kingdom would have 73 seats under the Treaty of Lisbon (one more than in the June 2009 elections).
Still Priollaud and Siritzky, in Le traité de Lisbonne (page 64) present the number as 74 (plus 2).
If someone has better information either way, I am grateful for comments.
***
Transitory measures
Because of the embarrassing situation concerning the Lisbon Treaty, the European Council agreed on some principles to be followed in case the treaty enters into force. One of them was the attached Declaration on transitional measures concerning the composition of the European Parliament (Presidency Conclusions 11 and 12 December 2008; Council document 17271/08, page 14):
Declaration of the European Council
Treaty of Lisbon – Transitional measures concerning the composition of the European Parliament
In the event that the Treaty of Lisbon enters into force after the European elections of June 2009, transitional measures will be adopted as soon as possible, in accordance with the necessary legal procedures, in order to increase, until the end of the 2009-2014 legislative period, in conformity with the numbers provided for in the framework of the IGC which approved the Treaty of Lisbon, the number of MEPs of the twelve Member States for which the number of MEPs was set to increase. Therefore, the total number of MEPs will rise from 736 to 754 until the end of the 2009-2014 legislative period. The objective is that this modification should enter into force, if possible, during the year 2010.
***
Necessary legal procedures
Additional seats
In June 2009 Europeans elect 736 MEPs. If the Lisbon Treaty enters into force during the legislative term, the eleven countries gaining seats according to the EP resolution plus Italy would be entitled to additional seats for the rest of the term.
Since the European Council has only been able to give its political blessing, the legally binding decision would be made as soon as possible, when the European Council can make one under the new treaty rules.
Internally the situation is complicated. These countries have to devise national rules to elect potential representatives in June or plan later extraordinary elections (by-elections) to fill the extra seats, taking into account the electoral districts.
Disappearing seats
The German situation is interesting, too. Under the existing rules, three more MEPs are going to be elected than provided for under the Lisbon Treaty. The European Council points to this by obliquely mentioning to the provisional rise in the number of MEPs, above the maximum allowed by the Lisbon Treaty.
The European Council is up against the maximum number 751. It does not specify how to achieve this objective, but it hopes that this modification can enter into force during 2010.
This is but one of the many implementing issues, where the Council (Secretariat) should enter into open dialogue on alternative solutions. Lacking that, here are my tentative views on the options:
Germany is the least favoured nation in relation to population size as it is, and one can symphatise with the European Council’s wish to facilitate the election procedures there and to avoid sending home three elected representatives.
The European Union has a tradition of exceeding the maximum numbers in enlargement cases, where the accession treaties have modified the numbers temporarily. The accession treaties have been concluded unanimously and ratified by all member states.
In principle, the European Union could latch on to an accession agreement, which has to be ratified anyway. This would be expedient, since the substance requires one short sentence, but the timing may prove to be problematic.
When does the Lisbon Treaty enter into force (if it does)? When is the following accession agreement ready to be signed and when does it enter into force?
I am inclined to think that the most elegant way would be a separate agreement between the member states amending the Lisbon Treaty for the rest of the legislature.
The amendment procedure (Article 48 TEU) would have to be followed, but I am not aware of any legal obstacles to a conditional amendment right away. This would save time.
If the member states wait until it is known that the Lisbon Treaty enters into force, there will be little time to complete the procedures.
If the European Union waits even longer, until the Lisbon Treaty has entered into force, they need to follow the treaty revision procedures of the amended Article 48 TEU.
There are clear references to entry into force of treaty amendments after ratification by all member states according to their constitutional provisions. I doubt if provisional application before entry into force could be used by analogy with Article 300 TEC or .Article 218(5) TFEU.
***
My suggestion for discussion is that the member states start the procedures to convene an intergovernmental (mini)conference without undue delay in order to have the provisional amendment enter into force on the same day as the Lisbon Treaty (if it does).
Ralf Grahn
***
On 4 to 7 June 2009 the citizens of the European Union elect the members of the European Parliament for the term from 2009 to 2014 according to the Treaty of Nice as amended by the 2003 Act of Accession. The total number of MEPs will be 736 and yesterday’s blog post “European Parliament: Number of MEPs 2009” presented how many members will be elected from each member state.
The uncertain fate of the Treaty of Lisbon complicates the life of the EU institutions. In case the amending treaty enters into force, a number of questions have to be decided for the treaty to take full effect. This means that implementing decisions have to be prepared.
This uncertain state of affairs is disturbing with regard to the appointment of the Commission President and the rest of the new Commission. It also affects the composition of the European Parliament.
***
Consolidated Lisbon Treaty
The basic provision of the Treaty of Lisbon on the European Parliament is Article 14 of the Treaty on European Union (TEC). The provision was published in the consolidated (readable) version of the treaties in the Official Journal of the European Union (OJEU) 9.5.2008 C 115/22─23:
Article 14 TEU
1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.
2. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.
4. The European Parliament shall elect its President and its officers from among its members.
***
European Parliament composition
Paragraph 2 of Article 14 TEU lays down the main parameters for the composition of the European Parliament.
The maximum number of representatives is 751, although the member states chose to ‘respect’ the maximum number of 750 by expressing it as ‘seven hundred and fifty in number, plus the President’. (Declaration No 4 attributes the additional seat to Italy.)
In June 2009 the citizens elect 736 MEPs, but if the Lisbon Treaty enters into force during the legislature, their number jumps to 751, an addition of 15.
***
European Council decision
The more exact distribution of seats would not remain in the treaty. Article 14(2) TEU mentions the total maximum, the minimum and maximum per country and the “principle” of degressive proportionality.
The Lisbon Treaty fails to present an objective formula, but it manages to avoid the need for a treaty revision and ratifications by entrusting the decision to the European Council.
A unanimous decision by the European Council is required. The decision is taken on the initiative of the European Parliament, and it needs the consent of the EP.
***
European Parliament resolution
Originally the Lisbon Treaty was meant to enter into force on 1 January 2009, ahead of the European Parliament elections.
On this basis the European Council requested and received an ‘initiative’ from the European Parliament.
The European Parliament adopted a resolution on 11 October 2007 on the composition of the European Parliament,), P6_TA(2007)0429, available here:
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-0429
The resolution was based on a report by Alain Lamassoure and Adrian Severin, A6-0351/2007. The report set out the number of seats to be allocated for the 2009─2014 parliamentary term in the form of a draft decision by the European Council, based on the coming Article 9a TEU in the coming Treaty of Lisbon (Article 14 TEU in the consolidated treaty).
In practice, the European Parliament distributed the additional seats to achieve an improved balance with regard to population numbers. Here is the text of Article 2 of the adopted resolution:
Article 2
Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows, with effect from the beginning of the 2009-2014 parliamentary term:
Belgium 22
Bulgaria 18
Czech Republic 22
Denmark 13
Germany 96
Estonia 6
Greece 22
Spain 54
France 74
Ireland 12
Italy 72
Cyprus 6
Latvia 9
Lithuania 12
Luxembourg 6
Hungary 22
Malta 6
Netherlands 26
Austria 19
Poland 51
Portugal 22
Romania 33
Slovenia 8
Slovakia 13
Finland 13
Sweden 20
United Kingdom 73
***
Winners and losers
We compare with the numbers actually in force for the 2009 European elections. Germany was the only loser because of the maximum allocation of 96 seats (now 99 representatives). Bulgaria, Latvia, Malta (because of the raised minimum), the Netherlands, Poland, Slovenia and the United Kingdom stood to gain one seat each, France, Austria and Sweden two seats each and Spain would receive four additional seats.
***
European Council
The Lisbon Treaty Declaration (No 5) on the political agreement by the European Council concerning the draft Decision on the composition of the European Parliament promised that the European Council will give its political agreement on the revised draft Decision of the composition of the European Parliament for the legislative period 2009─2014, based on the proposal from the European Parliament.
The European Council gave its political blessing to the proposal of the European Parliament, with the addition that Italy was allocated the extra seat as agreed during the intergovernmental conference (Presidency Conclusions 14 December 2007; Council document 16616/1/07, point 5):
5. In accordance with Declaration No 5 annexed to the Final Act of the Intergovernmental Conference, the European Council gives its political agreement on the draft Decision establishing the composition of the European Parliament which the European Parliament politically approved on 11 October 2007, as revised in accordance with Declaration No 4 annexed to the Final Act. Accordingly, the wording of whereas clauses Nos 2 and 3 of the draft Decision will be adapted to reflect the wording in Article 9 A(2) of the EU Treaty as amended by the Lisbon Treaty and, in the table contained in Article 2, the figure relating to Italy will be "73". This Decision will be adopted as soon as possible after the entry into force of the Lisbon Treaty, in accordance with the procedure laid down in the second subparagraph of Article 9 A(2) of the EU Treaty as amended by the Lisbon Treaty. The European Council invites the Member States to adopt the necessary domestic measures as soon as possible so that, when this Decision comes into force, the national legislation necessary for its implementation is in place in time for the European Parliament elections for the 2009-2014 parliamentary term.
***
United Kingdom?
Nothing in the political agreement of the European Council changed the draft presented by the European Parliament, with the exception of the additional seat allocated to Italy.
This means that the United Kingdom would have 73 seats under the Treaty of Lisbon (one more than in the June 2009 elections).
Still Priollaud and Siritzky, in Le traité de Lisbonne (page 64) present the number as 74 (plus 2).
If someone has better information either way, I am grateful for comments.
***
Transitory measures
Because of the embarrassing situation concerning the Lisbon Treaty, the European Council agreed on some principles to be followed in case the treaty enters into force. One of them was the attached Declaration on transitional measures concerning the composition of the European Parliament (Presidency Conclusions 11 and 12 December 2008; Council document 17271/08, page 14):
Declaration of the European Council
Treaty of Lisbon – Transitional measures concerning the composition of the European Parliament
In the event that the Treaty of Lisbon enters into force after the European elections of June 2009, transitional measures will be adopted as soon as possible, in accordance with the necessary legal procedures, in order to increase, until the end of the 2009-2014 legislative period, in conformity with the numbers provided for in the framework of the IGC which approved the Treaty of Lisbon, the number of MEPs of the twelve Member States for which the number of MEPs was set to increase. Therefore, the total number of MEPs will rise from 736 to 754 until the end of the 2009-2014 legislative period. The objective is that this modification should enter into force, if possible, during the year 2010.
***
Necessary legal procedures
Additional seats
In June 2009 Europeans elect 736 MEPs. If the Lisbon Treaty enters into force during the legislative term, the eleven countries gaining seats according to the EP resolution plus Italy would be entitled to additional seats for the rest of the term.
Since the European Council has only been able to give its political blessing, the legally binding decision would be made as soon as possible, when the European Council can make one under the new treaty rules.
Internally the situation is complicated. These countries have to devise national rules to elect potential representatives in June or plan later extraordinary elections (by-elections) to fill the extra seats, taking into account the electoral districts.
Disappearing seats
The German situation is interesting, too. Under the existing rules, three more MEPs are going to be elected than provided for under the Lisbon Treaty. The European Council points to this by obliquely mentioning to the provisional rise in the number of MEPs, above the maximum allowed by the Lisbon Treaty.
The European Council is up against the maximum number 751. It does not specify how to achieve this objective, but it hopes that this modification can enter into force during 2010.
This is but one of the many implementing issues, where the Council (Secretariat) should enter into open dialogue on alternative solutions. Lacking that, here are my tentative views on the options:
Germany is the least favoured nation in relation to population size as it is, and one can symphatise with the European Council’s wish to facilitate the election procedures there and to avoid sending home three elected representatives.
The European Union has a tradition of exceeding the maximum numbers in enlargement cases, where the accession treaties have modified the numbers temporarily. The accession treaties have been concluded unanimously and ratified by all member states.
In principle, the European Union could latch on to an accession agreement, which has to be ratified anyway. This would be expedient, since the substance requires one short sentence, but the timing may prove to be problematic.
When does the Lisbon Treaty enter into force (if it does)? When is the following accession agreement ready to be signed and when does it enter into force?
I am inclined to think that the most elegant way would be a separate agreement between the member states amending the Lisbon Treaty for the rest of the legislature.
The amendment procedure (Article 48 TEU) would have to be followed, but I am not aware of any legal obstacles to a conditional amendment right away. This would save time.
If the member states wait until it is known that the Lisbon Treaty enters into force, there will be little time to complete the procedures.
If the European Union waits even longer, until the Lisbon Treaty has entered into force, they need to follow the treaty revision procedures of the amended Article 48 TEU.
There are clear references to entry into force of treaty amendments after ratification by all member states according to their constitutional provisions. I doubt if provisional application before entry into force could be used by analogy with Article 300 TEC or .Article 218(5) TFEU.
***
My suggestion for discussion is that the member states start the procedures to convene an intergovernmental (mini)conference without undue delay in order to have the provisional amendment enter into force on the same day as the Lisbon Treaty (if it does).
Ralf Grahn
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