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Rules of Procedure of the European Parliament
7th parliamentary term - December 2009
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TITLE II : LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES
CHAPTER 1 : LEGISLATIVE PROCEDURES - GENERAL PROVISIONS

Rule 37 : Verification of legal basis

1.   In the case of all proposals for legislative acts and other documents of a legislative nature, the committee responsible for the subject-matter shall first verify the legal basis.

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

3.   The committee responsible for legal affairs may also on its own initiative take up questions concerning the legal basis of the proposals for legislative acts. In such cases it shall duly inform the committee responsible for the subject-matter.

4.   If 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. Parliament shall vote on this before voting on the substance of the proposal.

5.   Amendments tabled in Parliament to change the legal basis of a proposal for a legislative act without the committee responsible for the subject-matter or the committee responsible for legal affairs having disputed the validity or appropriateness of the legal basis shall be inadmissible.

6.   If the Commission does not agree to modify its proposal to conform to the legal basis approved by Parliament, the rapporteur or the Chair of the committee responsible for legal affairs or of the committee responsible for the subject-matter may propose that the vote on the substance of the proposal be postponed to a subsequent sitting.

Last updated: 30 November 2009Legal notice