Fiscal compact and the EU's legal framework

13.2.2014

Question for written answer E-001588-14
to the Commission
Rule 117
Claudio Morganti (EFD)

Article 16 of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union provides that ‘Within five years, at most, of the date of entry into force of this Treaty, on the basis of an assessment of the experience with its implementation, the necessary steps shall be taken, in accordance with the Treaty on the European Union and the Treaty on the Functioning of the European Union, with the aim of incorporating the substance of this Treaty into the legal framework of the European Union.’

Can the Commission clarify what this article means?

In accordance with the Treaties, the amendments would have to be adopted by means of the procedures laid down in Article 48 TEU: will this be the procedure used to incorporate the Fiscal Compact into the EU’s legal framework?

If so, why has a different approach been opted for, an irregular ruse, with a view to amending the substance of the Treaties, as I have on several occasions pointed out in previous questions and letters drawing attention to the important work of Professor Guarino on this subject?

In this context, if Article 48 is applied in order to amend the Treaties, will unanimity be required within the Council or is it anticipated that decisions may also be taken permitting the Council to act by a qualified majority in this sector?

In the event of their approval, would the proposed measures also apply to Member States which have not signed the Fiscal Compact?

If, on the other hand, no reference is made to Article 48, as ought in reality already to have been done, are there any other ways in which this intergovernmental treaty can become part of the Community legal order?

OJ C 309, 11/09/2014