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Rules of Procedure of the European Parliament
9th parliamentary term - July 2019
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CONTENTS
NOTE TO THE READER
COMPENDIUM OF THE MAIN LEGAL ACTS RELATED TO THE RULES OF PROCEDURE

TITLE II : LEGISLATIVE, BUDGETARY, DISCHARGE AND OTHER PROCEDURES
CHAPTER 1 : LEGISLATIVE PROCEDURES - GENERAL PROVISIONS

Rule 40 : Verification of legal basis

1.   When a proposal for a legally binding act is referred to the committee responsible for the subject-matter, that committee shall first verify its legal basis.

2.   If that committee disputes the validity or the appropriateness of the legal basis, including in the context of the verification of compliance with Article 5 of the Treaty on European Union, it shall request the opinion of the committee responsible for legal affairs.

3.   In addition, the committee responsible for legal affairs may, on its own initiative, take up at any stage of the legislative procedure questions concerning the legal basis. In such cases it shall duly inform the committee responsible for the subject-matter.

4.   If, where appropriate after the exchange of views with the Council and the Commission in accordance with the arrangements agreed at interinstitutional level (1), the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Without prejudice to Rule 61, Parliament shall vote on this before voting on the substance of the proposal.

5.   If the committee responsible for the subject-matter or the committee responsible for legal affairs have not disputed the validity or appropriateness of the legal basis, amendments tabled in Parliament to change the legal basis shall be inadmissible.

(1) Interinstitutional Agreement on Better-Law Making, paragraph 25.
Last updated: 21 June 2019Legal notice