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Parliamentary questions
20 September 2010
E-5864/10E-5866/10
Joint reply
Written questions : E-5864/10 , E-5866/10

On 1 August 2010, pursuant to Article 4(3) of Protocol No 2 on the application of the principles of subsidiarity and proportionality, the Council transmitted three draft legislative acts to the national parliaments.

Firstly, the initiative for a directive of the European Parliament and of the Council on the rights to interpretation and to translation in criminal proceedings(1) received three positive opinions, from the Hellenic Parliament(2), the Portuguese Parliament(3) and the Italian Senate(4).

The second initiative, concerning an initiative of the European Parliament and of the Council on the European Protection Order(5), received five positive opinions, from the Italian Chamber of Deputies(6), the Italian Senate(7), the Belgian House of Representatives(8), the Portuguese Parliament(9) and the Hellenic Parliament(10). The German Bundesrat issued a negative opinion(11) on this initiative.

With regard to the third initiative, for a directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters(12), no opinions had been received as of 1 August 2010, although the deadline laid down in Article 6 of the aforementioned Protocol No 2 has not yet expired.

Of the nine opinions received, five arrived after the expiry of the deadline laid down pursuant to Article 6 of Protocol No 2.

To facilitate application of the provisions of the Protocol on subsidiarity, the Council sent a letter to the national parliaments informing them of the administrative measures adopted and the practical procedures established within the General Secretariat of the Council with a view to implementing the requirements imposed on the Council by Protocol No 2(13).

The Council has no information regarding the internal procedures introduced by Member States with a view to the application of Protocol No 2.

(1)PE-CONS 1/10.
(2)8051/10.
(3)8357/10.
(4)8859/10.
(5)PE-CONS 2/10.
(6)8214/10.
(7)8860/10.
(8)8665/10.
(9)8365/10.
(10)8371/10.
(11)8209/10 + ADD 1.
(12)9288/10 + ADD 1 + ADD 2 + ADD 3.
(13)6957/10.

OJ C 216 E, 22/07/2011
Last updated: 24 September 2010Legal notice