2009/2212(INI)
Proposal for a Regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry replacing the Decision of the European Parliament, the Council and the Commission of 19 April 1995 (95/167/EC, Euratom, ECSC)
| AFCO | |
| Lead Rapporteur | MARTIN David (S&D) |
| Opinion Rapporteur(s) |
Legal basis: RoP 041
Awaiting Parliament 1st reading / single reading / budget 1st stage
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AFCO | MARTIN David (S&D) | TRZASKOWSKI Rafał (EPP), WIELAND Rainer (EPP), GUALTIERI Roberto (S&D), GUERRERO SALOM Enrique (S&D), DUFF Andrew (ALDE), JÄÄTTEENMÄKI Anneli (ALDE), HÄFNER Gerald (Verts/ALE), FOX Ashley (ECR), HANNAN Daniel (ECR), SCHOLZ Helmut (GUE/NGL), SØNDERGAARD Søren Bo (GUE/NGL), AGNEW John Stuart (EFD), MESSERSCHMIDT Morten (EFD) |
Legal Basis RoP 041
Activites
-
2012/05/23
Text adopted by Parliament, partial vote at 1st reading/single reading
-
T7-0219/2012
summary
The European Parliament adopted a proposal or a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission Parliament decided to postpone the vote on the motion for a resolution, pursuant to the third paragraph of Rule 41. Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament's committees of inquiry, Members propose the repeal of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission and its replacement by a new Regulation. Members consider that the committees of inquiry should be reinforced and granted specific, genuine and clearly delimited powers which are more in line with Parliament's political stature and competences, while respecting the principle of proportionality. The proposed regulation defines the detailed provisions governing the exercise by the European Parliament, in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law. The main points are as follows: Setting-up and mandate of committees of inquiry: the European Parliament may set up such committees of inquiry at the request of one quarter of its component members. No committee of inquiry should be set up where the alleged facts are being examined before a court and while the case is still subject to legal proceedings. However, in order to avoid any conflict between inquiries of a political nature and those of a judicial nature, the European Parliament should be able to examine whether it is necessary to suspend the investigation of a committee of inquiry if, after it has been set up, legal proceedings bearing a relation to the alleged facts are initiated. Principles of openness, good governance and democratic accountability: proceedings of committees of inquiry and in particular hearings should take place in public. Provision should also be made for the possibility of in-camera proceedings and appropriate rules on confidentiality in order to ensure the efficiency of the inquiries, the protection of the vital interests of Member States, the protection of privacy and the integrity of an individual, in particular in line with Union legislation on the protection of personal data, or the protection of commercial interests of a natural or legal person. The right of inquiry: it is essential that a committee of inquiry be able to rely on factual evidence gathered in the course of its investigation. For this purpose, a committee of inquiry should be able to hear members of Union institutions and members of governments of Member States, obtain evidence from officials and other servants of the Union or of Member States, obtain evidence from any other individual residing in the Union, request experts reports, request documents and conduct on-the-spot investigations. Human rights: investigations should be conducted with full respect for human rights and fundamental freedoms, in particular the principle of fairness, and for the right of persons involved to express their views on the facts concerning them. Request for documents: investigations should also take into account the principle that the conclusions of an inquiry should be based solely on elements which have evidential value. To that end, a committee of inquiry should be able in particular to have access to any relevant documents in the possession of the Union's institutions or bodies, of Member States or, if the document is considered pertinent for the success of the inquiry, of any other natural or legal person. Inspections: the committee of inquiry may conduct on-the-spot investigations which shall be conducted, where appropriate, in cooperation with the national authorities, in conformity with the provisions of national law. Witnesses: committees of inquiry should be able to summon any person who is resident in the European Union, including officials and other servants of the Union's institutions or of Member States, as a witness who should be obliged to answer questions willingly, fully and truthfully. Committees of inquiry should respect in full the rights of those called on by them to testify, in accordance with the European Convention for the protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. In line with the principle of loyal cooperation and with the commitment to contribute to the upholding of the legal order of the Union, the Union's institutions and bodies or the Member States should designate the officials or servants whom they authorise to appear before a committee of inquiry when the committee invites them to do so. Furthermore, it should be possible for a committee of inquiry to hear the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation. Committees of inquiry should also have the right to request witnesses to testify under oath. However, witnesses should not be obliged to take the oath. Formal note should be taken of every case where a witness declines to testify under oath, in order to allow for a fair comparative assessment of the evidential value of all testimonies. Results of inquiries: the final report of the committee of inquiry shall be submitted to the European Parliament. It may include minority conclusions provided that such conclusions are supported by at least one quarter of the committee's members. The European Parliament may forward to the institutions or bodies of the Union or to the Member States for transmission to the competent authorities any recommendations which it adopts on the basis of the final report. Sanctions: in order to give effect to those provisions, to increase the efficiency of inquiries and to bring them more in line with national parliamentary practice, the proposed Regulation should provide for the possibility of effective, proportionate and dissuasive sanctions in well-defined cases; it should be up to Member States to ensure that certain infringements are subject to appropriate sanctions under their national law and that they bring appropriate proceedings against the perpetrators of such infringements.
- Results of vote in Parliament
-
T7-0219/2012
summary
- 2011/10/14 Committee report tabled for plenary, single reading
- 2011/10/11 Vote in committee, 1st reading/single reading
- 2011/09/15 Amendments tabled in committee
- 2011/05/11 Committee draft report
- 2009/12/17 Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee draft report: PE464.928
- Amendments tabled in committee: PE472.232
- Committee report tabled for plenary, single reading: A7-0352/2011
- Decision by Parliament, 1st reading/single reading: T7-0219/2012
- Results of vote in Parliament: Results of vote in Parliament
Votes
A7-0352/2011 - David Martin - Am 18
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 563 | 81 | 0 | 7 | 27 | 15 | 248 | 131 | 54 | 0 |
| Against | 71 | 0 | 41 | 24 | 0 | 5 | 0 | 1 | 0 | 0 |
| Abstain | 8 | 0 | 0 | 0 | 0 | 5 | 0 | 2 | 0 | 0 |
A7-0352/2011 - David Martin - Am 19
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 488 | 76 | 0 | 7 | 26 | 12 | 243 | 69 | 55 | 1 |
| Against | 72 | 1 | 38 | 24 | 0 | 9 | 0 | 0 | 0 | 0 |
| Abstain | 10 | 0 | 0 | 0 | 0 | 6 | 0 | 4 | 0 | 0 |
A7-0352/2011 - David Martin - Am 22
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 600 | 79 | 0 | 14 | 26 | 10 | 246 | 171 | 54 | 0 |
| Against | 55 | 0 | 37 | 13 | 0 | 4 | 1 | 0 | 0 | 0 |
| Abstain | 14 | 0 | 0 | 2 | 0 | 12 | 0 | 0 | 0 | 0 |
| Amendments | Dossier |
| 30 |
2009/2212(INI) Proposal for a Regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry replacing the Decision of the European Parliament, the Council and the Commission of 19 April 1995 (95/167/EC, Euratom, ECSC)
2011/09/15
AFCO
30 amendments...
Amendment 1 #
Proposal for a regulation Recital 9 a (new) (9a) The committee of inquiry must respect in full the rights of those called on by it to testify, in accordance with the ECHR and the Charter of Fundamental Rights of the European Union.
Amendment 2 #
Proposal for a regulation Recital 12 (12) However, in order to ensure that a committee of inquiry can be certain that its conclusions are based on elements which have evidential value, it should also have the right to summon any person who is resident in the European Union, including officials and other servants of the Union's institutions or of Member States, as a witness who should be obliged to answer questions willingly, fully and truthfully; moreover, in order to ensure that officials and other servants of the Union are able to comply with this obligation, it should be made clear that they are deemed to be authorised pursuant to Articles 17 and 19 of the Staff Regulations of officials of the European Union, laid down in Regulation (EEC, Euratom, ECSC) No 259/68 , and Article 11 of the Conditions of employment of other servants of the European Union, laid down in the same Regulation, to obey the summons by the committee, to attend for examination as a witness and to submit statements and give evidence in person. Furthermore, it must be possible to summon before a committee of inquiry the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation.
Amendment 3 #
Proposal for a regulation Recital 18 a (new) 18a. This regulation respects the doctrine of the separation of powers, according to which, in order to prevent power from being abused, the legislature (parliament), the executive (government) and the judiciary (the law courts) should be separate from one another. The European Parliament is not a court and therefore does not have the power to impose penalties on individual citizens.
Amendment 4 #
Proposal for a regulation Article 1 – paragraph 2a (new) Detailed arrangements shall be laid down in Parliament’s Rules of Procedure.
Amendment 5 #
Proposal for a regulation Article 2 – paragraph 3 – point b (b) its composition based on a balanced representation of political forces, in accordance with Parliament’s Rules of Procedure;
Amendment 6 #
Proposal for a regulation Article 2 – paragraph 3 – point c (c) the time-limit for submission of its report, which shall not exceed [twelve] months from the date on which it first meets, without prejudice to extensions of time under paragraph 4.
Amendment 7 #
Proposal for a regulation Article 2 – paragraph 3 – point c (c) the time-limit for submission of its report, which shall not exceed [twelve] months
Amendment 8 #
Proposal for a regulation Article 2 – paragraph 3 a (new) 3a. Parliament’s Rules of Procedure shall, for all future committees of inquiry in a given parliamentary term, lay down in advance the procedure whereby the various political groups shall have the right to propose the committee chair.
Amendment 9 #
Proposal for a regulation Article 2 – paragraph 4 Amendment 10 #
Proposal for a regulation Article 3 – point c (c) in any event, at the close of the parliamentary term when the newly elected Parliament first meets.
Amendment 11 #
Proposal for a regulation Article 3 a (new) Article 3a Renewed inquiries A temporary committee of inquiry may not be set up or re-established with regard to matters into which an inquiry has already been held by a temporary committee of inquiry until at least twelve months have elapsed since the submission of the report on that inquiry or the end of its assignment and unless any new facts have emerged. A committee may be set up in any case where new and serious facts have emerged that may be deemed likely to alter substantive findings.
Amendment 12 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 2. Exceptionally, proceedings shall take place in camera if this is requested by [one quarter] of the members of the committee of inquiry, by an institution or a body of the Union or by national authorities concerned. Witnesses and experts
Amendment 13 #
Proposal for a regulation Article 9 – paragraph 1 1. After the inquiry has been closed, the final report of the committee of inquiry shall be submitted to the European Parliament, which
Amendment 14 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. If it adopts the report, Parliament may decide to take appropriate action.
Amendment 15 #
Proposal for a regulation Article 9 – paragraph 1 b (new) 1b. The committee’s final report may include minority conclusions as an official part of the text, provided such conclusions are supported by at least one quarter of the committee’s members.
Amendment 16 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. Where alleged contraventions or maladministration in the implementation of Union law involve possible responsibility on the part of a body or authority of a Member State, the committee of inquiry may ask the Parliament of the Member State concerned to cooperate in the investigation. To that end, the European Parliament may conclude interparliamentary agreements with the Parliaments of the Member States.
Amendment 17 #
Proposal for a regulation Article 13 – paragraph 3 3. The committee of inquiry may ask any other legal or natural person concerned to make available such documents as it may consider pertinent for the success of its inquiry. Such persons shall, without prejudice to their obligations arising from Union and national law, comply with the committee's request. They may claim the rights which they would enjoy under national l
Amendment 18 #
Proposal for a regulation Article 13 – paragraph 4 4. Requests for documents shall state the legal basis and the purpose of the request and shall specify what documents are required and fix the time-limit within which the documents are to be provided.
Amendment 19 #
Proposal for a regulation Article 14 – paragraph 1 1. The committee of inquiry may
Amendment 20 #
Proposal for a regulation Article 14 – paragraph 2 2. Witnesses
Amendment 21 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 22 #
Proposal for a regulation Article 15 – paragraph 2 2. The committee of inquiry may
Amendment 23 #
Proposal for a regulation Article 15 – paragraph 3 3. The committee of inquiry may
Amendment 24 #
Proposal for a regulation Article 16 Amendment 25 #
Proposal for a regulation Article 18 Amendment 26 #
Proposal for a regulation Article 18 – paragraph 1 – subparagraph 2 The President of the European Parliament may announce
Amendment 27 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 2 Those sanctions shall be effective, proportionate and dissuasive and shall reflect the sanctions for corresponding infringements in relation to the work of committees of inquiry in the national parliaments.
Amendment 28 #
Proposal for a regulation Article 19 – paragraph 1 1. Any natural or legal person other than institutions and bodies of the Union and the Member States may submit a reasoned written complaint against a decision of the committee of inquiry, taken in application of Section 3, which is addressed to that person or of direct and individual concern to him or her. The complaint shall specify the alleged violation of Union
Amendment 29 #
Proposal for a regulation Article 19 – paragraph 3 3. The European Parliament shall take a reasoned decision on the complaint at the first part-session following the expiry of a period of [10 working days] from receipt of the complaint.
Amendment 30 #
Proposal for a regulation Article 19 a (new) Article 19a Costs The travel and accommodation expenses of members and officials of the Union institutions and bodies shall be borne by those institutions and bodies. Travel and accommodation expenses of other persons who appear before a committee of inquiry shall be reimbursed by the European Parliament in accordance with the rules governing hearings of experts.
source: PE-472.232
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History
(these mark the time of scraping, not the official date of the change)
| activities/3/text/0 | changed |
Old
The Committee on Constitutional Affairs adopted the own-initiative report by David MARTIN (S&D, UK) on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission. Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament's committees of inquiry, Members propose the repeal of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission and its replacement by a new Regulation. Members consider that the committees of inquiry should be reinforces and granted specific, genuine and clearly delimited powers which are more in line with Parliament's political stature and competences, while respecting the principle of proportionality as set out in Article 5 of the Treaty on European Union. The proposed regulation defines the detailed provisions governing the exercise by the European Parliament, in the context of the fulfilment of its tasks,of the right to investigate alleged contraventions or maladministration in the implementation of Union law. This proposal for a regulation offers a clearer and more logical structure compared to the one provided by the old decision. The most important improvements can be found in Section 3 (Investigation). The right of inquiry: a committee of inquiry should be able to carry out, within the limits of its mandate, any investigation which it considers necessary in order to fulfil its task, in particular to conduct on-the-spot investigations, to request documents, to summon witnesses, to hear officials and other servants of the Union or of Member States and to request experts' reports. On-the-spot inspections: the committee of inquiry may conduct on-the-spot investigations which shall be conducted, where appropriate, in cooperation with the national authorities, in conformity with the provisions of national law. Requests for documents: the inquiries must obey the principle according to which all conclusions of an inquiry should be based solely on elements which have evidential value.To this end, a committee of inquiry should have access to all relevant documents and to any information which may facilitate their work. They should be able to obtain such information both from Union and national bodies and from natural or legal persons. Witnesses: committees of inquiry should be able to summon any person who is resident in the European Union, including officials and other servants of the Union's institutions or of Member States, as a witness who should be obliged to answer questions willingly, fully and truthfully. Committees of inquiry should respect in full the rights of those called on by them to testify, in accordance with the European Convention for the protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. In line with the principle of loyal cooperation and with the commitment to contribute to the upholding of the legal order of the Union, the Union's institutions and bodies or the Member States should designate the officials or servants whom they authorise to appear before a committee of inquiry when the committee invites them to do so. Furthermore, it should be possible for a committee of inquiry to hear the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation. Committees of inquiry should also have the right to request witnesses to testify under oath. However, witnesses should not be obliged to take the oath. Formal note should be taken of every case where a witness declines to testify under oath, in order to allow for a fair comparative assessment of the evidential value of all testimonies. Sanctions: in order to give effect to those provisions, to increase the efficiency of inquiries and to bring them more in line with national parliamentary practice, the proposed Regulation should provide for the possibility of effective, proportionate and dissuasive sanctions in well-defined cases; it should be up to Member States to ensure that certain infringements are subject to appropriate sanctions under their national law and that they bring appropriate proceedings against the perpetrators of such infringements. Pre-litigation remedy:in order to ensure a wider range of effective remedies, a pre-litigation remedy within the European Parliament should be made available to natural or legal persons other than institutions and bodies of the Union and the Member States whereby such persons may contest decisions, taken in application of the provisions on investigation, which are addressed to them or of direct and individual concern to them. This remedy should be in addition to the judicial and extrajudicial remedies provided for by the treaties and the legal systems of the Member States. New
The Committee on Constitutional Affairs adopted the own-initiative report by David MARTIN (S&D, UK) on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission. Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament’s committees of inquiry, Members propose the repeal of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission and its replacement by a new Regulation. Members consider that the committees of inquiry should be reinforces and granted specific, genuine and clearly delimited powers which are more in line with Parliament’s political stature and competences, while respecting the principle of proportionality as set out in Article 5 of the Treaty on European Union. The proposed regulation defines the detailed provisions governing the exercise by the European Parliament, in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law. This proposal for a regulation offers a clearer and more logical structure compared to the one provided by the old decision. The most important improvements can be found in Section 3 (Investigation). The right of inquiry: a committee of inquiry should be able to carry out, within the limits of its mandate, any investigation which it considers necessary in order to fulfil its task, in particular to conduct on-the-spot investigations, to request documents, to summon witnesses, to hear officials and other servants of the Union or of Member States and to request experts' reports. On-the-spot inspections: the committee of inquiry may conduct on-the-spot investigations which shall be conducted, where appropriate, in cooperation with the national authorities, in conformity with the provisions of national law. Requests for documents: the inquiries must obey the principle according to which all conclusions of an inquiry should be based solely on elements which have evidential value.To this end, a committee of inquiry should have access to all relevant documents and to any information which may facilitate their work. They should be able to obtain such information both from Union and national bodies and from natural or legal persons. Witnesses: committees of inquiry should be able to summon any person who is resident in the European Union, including officials and other servants of the Union's institutions or of Member States, as a witness who should be obliged to answer questions willingly, fully and truthfully. Committees of inquiry should respect in full the rights of those called on by them to testify, in accordance with the European Convention for the protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. In line with the principle of loyal cooperation and with the commitment to contribute to the upholding of the legal order of the Union, the Union's institutions and bodies or the Member States should designate the officials or servants whom they authorise to appear before a committee of inquiry when the committee invites them to do so. Furthermore, it should be possible for a committee of inquiry to hear the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation. Committees of inquiry should also have the right to request witnesses to testify under oath. However, witnesses should not be obliged to take the oath. Formal note should be taken of every case where a witness declines to testify under oath, in order to allow for a fair comparative assessment of the evidential value of all testimonies. Sanctions: in order to give effect to those provisions, to increase the efficiency of inquiries and to bring them more in line with national parliamentary practice, the proposed Regulation should provide for the possibility of effective, proportionate and dissuasive sanctions in well-defined cases; it should be up to Member States to ensure that certain infringements are subject to appropriate sanctions under their national law and that they bring appropriate proceedings against the perpetrators of such infringements. Pre-litigation remedy:in order to ensure a wider range of effective remedies, a pre-litigation remedy within the European Parliament should be made available to natural or legal persons other than institutions and bodies of the Union and the Member States whereby such persons may contest decisions, taken in application of the provisions on investigation, which are addressed to them or of direct and individual concern to them. This remedy should be in addition to the judicial and extrajudicial remedies provided for by the treaties and the legal systems of the Member States. |


