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Rules of Procedure of the European Parliament
7th parliamentary term - July 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.    For all Commission proposals and other documents of a legislative nature, the committee responsible shall first verify the legal basis.

2.    If the committee responsible disputes the validity or the appropriateness of the legal basis, including in the context of the verification pursuant to Article 5 of the EC Treaty, 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 submitted by the Commission. In such cases it shall duly inform the committee responsible.

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 prior to voting on the substance of the proposal.

5.    Amendments tabled in Parliament to change the legal basis of a Commission proposal without the committee responsible 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 may propose that the vote on the substance of the proposal be postponed to a subsequent sitting.

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