Summary : The establishment of an additional EMU fiscal capacity is one of the core ideas for the further development of the EMU towards a genuine economic and monetary Union. This note indicates the legal options for the implementation of an additional EMU fiscal capacity. This covers implications of EU budget law, the legal implications of the idea of “contractual arrangements” and institutional implications of possible further developments of the additional fiscal capacity into a euro area stabilisation instrument.

Authors : René REPASI (Institut für deutsches und europäisches Gesellschafts- und Wirtschaftsrecht, Ruprecht-Karls-Universität, Heidelberg, Germany)

Committees : Constitutional affairs

Summary : This note provides an overview of the ratification procedures on the modification of article 136 TFEU, the European Stability Mechanism Treaty and the Treaty on Stability, Coordination and Governance in EU Member States. The subsequent tables summarize the general state of play of these ratifications and deal in more detail with the constitutional rules and the circumstances surrounding the ratification process in the Member States. All articles mentioned refer to the national constitutions unless specified otherwise. The electronic version of this note allows accessing relevant background information via hyperlinks (national constitutional texts, draft bills, acts, notes, press releases, articles, etc.). The text will be updated on a regular basis and hold as reference the version number and the date of edition.

Authors : Petr NOVAK (Policy Department C - Citizens' Rights and Constitutional Affairs, European Parliament)

Committees : Constitutional affairs

Summary : The European Council is increasingly central to the governance of the European Union. Even if national parliaments have originally focused their involvement in EU affairs on the ordinary legislative process, most of the chambers have started to develop specific activities, before or after European summits. From ex-ante influence to ex-post accountability, seven different models of control have been identified. Beyond their differences rooted in national democratic systems, they call for twelve recommendations listed in this report.

Authors : Wolfgang WESSELS (Trans European Policy Studies Association), Olivier ROZENBERG (Notre Europe – Jacques Delors Institute), Mirte VAN DEN BERGE (Trans European Policy Studies Association), Claudia HEFFTLER (Trans European Policy Studies Association), Valentin KREILINGER (Notre Europe – Jacques Delors Institute) and Laura VENTURA (Trans European Policy Studies Association)

Committees : Constitutional affairs

Summary : The European Central Bank constitutes together with the national Central Banks the European System of Central Banks: a unique governance system in which the execution of tasks conferred upon the ESCB is divided between the European level (ECB) and the national level (national Central Banks) and which is characterised by the principle of decentralisation. The EU level decides to which extent the national level is competent for the proper execution of Central Bank’s tasks whilst the main decision-making body is composed by representatives of the national level. A possible extension of this successful governance to other field of economic governance in the euro zone is to be examined. The particularities of the ESCB (independence guarantee and its function to maintain price stability), however, conflict with an extension of its role. Such an extension would require more democratic accountability and in-depth modifications of the law and the functioning of the ECB.

Authors : René REPASI (Institut für deutsches und europäisches Gesellschafts- und Wirtschaftsrecht, Ruprecht-Karls-Universität, Heidelberg, Germany)

Committees : Constitutional affairs

Summary : This comparative note looks at modern parliaments from the perspective of transparency, accessibility and accountability of their activities to the general public. The subsequent tables comprise the basic voting modalities and transparency measures employed in the European Parliament, national Parliaments of the EU Member States and of some non-EU countries, as well as in the Parliamentary Assembly of the Council of Europe. The electronic version of the present note allows accessing relevant background information via hyperlinks (national parliaments’ Rules of Procedure, websites, etc.).

Authors : Izabela Jędrzejowska (Institut für Europäische Verfassungswissenschaften, Fernuniversität Hagen)

Committees : Constitutional affairs

Summary : This study has been prepared by the Centre d’étude de la vie politique (Cevipol), part of the Institute for European Studies (IEE) and the Faculté des sciences sociales et politiques (FSP) of the Université Libre de Bruxelles (ULB). It covers four aspects: 1) An overview of the existing criteria, conditions, and procedures for establishing a political party applying in the 27 Member States of the European Union. 2) An examination of how to amend current party statutes, notably at the European level, in order to create a more lively internal party democracy. 3) The development of suggestions towards a legal base of a future European party statute under EU law. 4) The development of proposals on how to involve the European Electoral Authority in the management and supervision of European political parties.

Authors : Jean-Benoit PILET and Emilie VAN HAUTE (Centre d’étude de la vie politique - Cevipol ; Institute for European Studies - IEE ; Faculté des Sciences sociales et Politiques - FSP of the Université Libre de Bruxelles - ULB)

Committees : Constitutional affairs

Summary : This comparative review examines the procedure and outcome of the European Parliament's Written Declarations, pursuant to Rule 123 of its Rules of Procedure. Moreover, it inspects the provisions of other national and international parliaments with a view to identify similar procedures and their particularities. Some tentative conclusions are drawn with respect to a possible update of Parliament's rules.

Authors : Charlotte Groffen and Wilhelm Lehmann (Policy Department C - Citizens' Rights and Constitutional Affairs, European Parliament, Brussels, Belgium)

Committees : Constitutional affairs

Summary : This comparative note looks at the legal provisions ruling the amendment of the founding documents of federal states and international organisations and compares them to Art. 48 of the Treaty on European Union. The European Union is the only political organisation requiring a double unanimous decision, firstly when signing a revising treaty and, secondly, when ratifying it in the Member States. The new rules proposed for the entry into force of the European Stability Mechanism treaty indicate that EU leaders, at least in selected policy fields, are in the process of changing their views on the usefulness of the "mutual agreement" rule.

Authors : Wilhelm Lehmann (Policy Department C - Citizens' Rights and Constitutional Affairs, European Parliament, Brussels)

Committees : Constitutional affairs

Summary : This paper provides an update and extension of a 2007 overview of national provisions for parliamentary committees of inquiry. It concentrates on the legal framework in which these committees operate and the limits and responsibilities under which they carry out their investigations.

Authors : Mr Wilhelm Lehmann - Policy Department C - Citizens' Rights and Constitutional Affairs, European Parliament

Committees : Constitutional affairs