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Single Supervisory Mechanism: Accountability arrangements (9th parliamentary term)

14-04-2021

This document provides an overview of public hearings and exchange of views with the Chair of the European Central Bank (ECB) Supervisory Board in the ECON Committee since July 2019. It also provides an overview of all external papers requested by the ECON Committee by a standing panel of banking experts. Lastly, the annex contains an overview of the respective legal bases for these hearings as part of the accountability framework of the Single Supervisory Mechanism (SSM). For an overview of public ...

This document provides an overview of public hearings and exchange of views with the Chair of the European Central Bank (ECB) Supervisory Board in the ECON Committee since July 2019. It also provides an overview of all external papers requested by the ECON Committee by a standing panel of banking experts. Lastly, the annex contains an overview of the respective legal bases for these hearings as part of the accountability framework of the Single Supervisory Mechanism (SSM). For an overview of public hearings during the 8th parliamentary term, please see here.

The role of the European Council in negotiating the 2021-27 MFF

09-04-2021

To assess the role of the European Council in the process of the adoption of the multiannual financial framework and its evolution over time, this paper provides a comparative analysis of the similarities and differences between the European Council's involvement in the 2014‑2020 and 2021‑2027 MFF negotiations. An additional content analysis of EU leaders' Twitter communication on the MFF focuses in particular on key moments in the European Council's decision-making process.  The 2021‑2027 MFF negotiations ...

To assess the role of the European Council in the process of the adoption of the multiannual financial framework and its evolution over time, this paper provides a comparative analysis of the similarities and differences between the European Council's involvement in the 2014‑2020 and 2021‑2027 MFF negotiations. An additional content analysis of EU leaders' Twitter communication on the MFF focuses in particular on key moments in the European Council's decision-making process.  The 2021‑2027 MFF negotiations provide yet another example of the ways in which EU leaders not only intervene in the parts of the policy cycle envisaged for the European Council in the Treaties, but extend the scope of their involvement and influence, to areas where this is expressly prohibited by the Treaties, such as regarding legislation. The European Council's involvement in legislative matters against the letter of the Treaties can be considered both as 'déjà vu' and as a further evolution of its involvement.

First appraisal of the EU-UK Trade and Cooperation Agreement by Policy Department A

30-03-2021

“Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States.” (Article 216(2) TFEU). According to the Case-law of the Court of Justice of the European Union (CJEU), International law takes precedence over (secondary) EU law: “It should also be pointed out that, by virtue of Article 216(2) TFEU, where international agreements are concluded by the European Union they are binding upon its institutions and, consequently, they prevail over acts of the European ...

“Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States.” (Article 216(2) TFEU). According to the Case-law of the Court of Justice of the European Union (CJEU), International law takes precedence over (secondary) EU law: “It should also be pointed out that, by virtue of Article 216(2) TFEU, where international agreements are concluded by the European Union they are binding upon its institutions and, consequently, they prevail over acts of the European Union (see, to this effect, Case C‑61/94 Commission v Germany [1996] ECR I‑3989, paragraph 52; Case C‑311/04 Algemene Scheeps Agentuur Dordrecht [2006] ECR I‑609, paragraph 25; Case C‑308/06 Intertanko and Others [2008] ECR I‑4057, paragraph 42; and Joined Cases C‑402/05 P and C‑415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I‑6351, paragraph 307)” . Arguably, acts adopted by bodies established by the EU-UK TCA could also enjoy primacy: “7 It follows [...] that decisions of the EEC-Turkey Association Council are measures adopted by a body provided for by the Agreement and empowered by the Contracting Parties to adopt such measures. 18 In so far as they implement the objectives set by the Agreement, such decisions are directly connected with the Agreement and, as a result of the second sentence of Article 22(1) thereof, have the effect of binding the Contracting Parties. 19 By virtue of the Agreement, the Contracting Parties agreed to be bound by such decisions and if those parties were to withdraw from that commitment, that would constitute a breach of the Agreement itself.

Externí autor

Andreas Huber at Al.

European Parliament work in the fields of Impact Assessment and European Added Value: Activity Report for July 2019 to December 2020

25-03-2021

This activity report summarises and explains the work undertaken by the European Parliament in the fields of impact assessment and European added value during the first 18 months of the current 2019-24 EU institutional cycle. It details the support given by the Directorate for Impact Assessment and European Added Value within the European Parliamentary Research Service (EPRS) to assist parliamentary committees in their oversight and scrutiny of the executive in the fields of ex-ante impact assessment ...

This activity report summarises and explains the work undertaken by the European Parliament in the fields of impact assessment and European added value during the first 18 months of the current 2019-24 EU institutional cycle. It details the support given by the Directorate for Impact Assessment and European Added Value within the European Parliamentary Research Service (EPRS) to assist parliamentary committees in their oversight and scrutiny of the executive in the fields of ex-ante impact assessment, European added value, and ex-post evaluation of EU law and policy in practice. It also details wider horizontal support provided in the respect of the policy cycle to the institution as a whole. During the 18 months under review, 116 substantive pieces of work were published by the Directorate, all of which can be accessed by hyperlinks in this report.

Understanding the European Commission's right to withdraw legislative proposals

05-03-2021

Although the European Commission exercises its right to withdraw a legislative proposal sparingly, doing so may become a contentious issue, particularly where a legislative proposal is withdrawn for reasons other than a lack of agreement between institutions or when a proposal clearly becomes obsolete – such as a perceived distortion of the purpose of the original proposal. Closely connected with the right of legislative initiative attributed to the Commission under the current Treaty rules, the ...

Although the European Commission exercises its right to withdraw a legislative proposal sparingly, doing so may become a contentious issue, particularly where a legislative proposal is withdrawn for reasons other than a lack of agreement between institutions or when a proposal clearly becomes obsolete – such as a perceived distortion of the purpose of the original proposal. Closely connected with the right of legislative initiative attributed to the Commission under the current Treaty rules, the European Court of Justice issued a judgment on the matter in case C 409/13. The Court spelled out the Commission's power to withdraw a proposal relative to the power of the two co-legislators, and also indicated the limits of this power. In this sense, the Court considers the Commission's power to withdraw proposals to be a corollary of its power of legislative initiative, which must be exercised in a reasoned manner and in a way that is amenable to judicial review. However, the Court's judgment does not solve all the issues connected to this matter. Whilst the judgment develops the Court's arguments along the lines of the current institutional setting, academia has expressed some concern as to whether the judgment is truly in line with the recently emerged push for a higher democratic character in institutional dynamics. The forthcoming Conference on the Future of Europe may provide the opportunity to rethink some of the issues surrounding the exercise of legislative initiative; which remains a matter of a constitutional and founding nature.

Reform of the Comitology Regulation

04-03-2021

On 14 February 2017, the European Commission adopted a proposal amending Regulation (EU) No 182/2011 (the 'Comitology Regulation') in order to increase the transparency and accountability of the decision-making process leading to the adoption of implementing acts. The main elements of the proposal include amending the voting rules for the Appeal Committee (AC) in order to reduce the risk of a no opinion scenario and to clarify the positions of the Member States, providing for the possibility of a ...

On 14 February 2017, the European Commission adopted a proposal amending Regulation (EU) No 182/2011 (the 'Comitology Regulation') in order to increase the transparency and accountability of the decision-making process leading to the adoption of implementing acts. The main elements of the proposal include amending the voting rules for the Appeal Committee (AC) in order to reduce the risk of a no opinion scenario and to clarify the positions of the Member States, providing for the possibility of a further referral to the AC at ministerial level if no opinion is delivered, and increasing the transparency of the comitology procedure by making public the votes of the Member States' representatives in the AC. Following the opinions of a number of committees, submitted in the previous and current terms, on 12 October 2020, Parliament's Committee on Legal Affairs adopted its report. It proposes to oblige Member States' representatives to give reasons for their vote, abstention or for any absence from the vote, and where particularly sensitive areas are concerned (consumer protection, health and safety of humans, animals or plants, or the environment), also case-specific detailed reasons for their vote or abstention. Other amendments concern better accessibility to the comitology register to increase transparency for citizens, and empowering Parliament and Council to call on the Commission to submit a proposal amending the basic act, where they deem it appropriate to review the implementing powers granted to the Commission. A partial first-reading report was adopted on 17 December 2020 in plenary and the file was referred back to the Legal Affairs Committee for interinstitutional negotiations. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Amending the Comitology Regulation

10-12-2020

When adopting implementing acts, the Commission acts under the scrutiny of the Member States (represented in specialised committees and an appeal committee) following mechanisms set out in the Comitology Regulation. In 2017, the Commission proposed amendments to this Regulation, aimed at eliminating 'no opinion' deadlocks in the appeal committee and increasing transparency in the procedure. The European Parliament is expected to vote on the proposal during the December plenary session.

When adopting implementing acts, the Commission acts under the scrutiny of the Member States (represented in specialised committees and an appeal committee) following mechanisms set out in the Comitology Regulation. In 2017, the Commission proposed amendments to this Regulation, aimed at eliminating 'no opinion' deadlocks in the appeal committee and increasing transparency in the procedure. The European Parliament is expected to vote on the proposal during the December plenary session.

Nomination to the European Court of Auditors: Role of the European Parliament in the appointment procedure

07-12-2020

Members of the European Court of Auditors (ECA) are appointed by the Council, after consultation with the European Parliament. The ECA consists of 27 members, one national from each of the 27 European Union Member States. Candidates for membership are proposed by their respective Member States, and appointed for a renewable term of six years. Members are required to perform their duties in complete independence and in the general interest of the EU. This Briefing takes appointments since 2009 (the ...

Members of the European Court of Auditors (ECA) are appointed by the Council, after consultation with the European Parliament. The ECA consists of 27 members, one national from each of the 27 European Union Member States. Candidates for membership are proposed by their respective Member States, and appointed for a renewable term of six years. Members are required to perform their duties in complete independence and in the general interest of the EU. This Briefing takes appointments since 2009 (the beginning of the seventh parliamentary term) as its starting-point. At the end of that legislature, Parliament adopted an important resolution detailing the principles and selection criteria for the nomination of members of the ECA, such as the requirement that members do not serve more than two terms of office. Even though the opinions delivered by the European Parliament are not legally binding, they have become a powerful tool in the appointment procedure. With the adoption of a resolution in 2014, Parliament further shaped the selection criteria it will apply when examining a candidate. The publicity surrounding these hearings and the questionnaire answered by the candidates make it difficult for the Council to over-ride any negative opinion delivered by Parliament. The analysis illustrates the extent to which Parliament's democratic scrutiny of the ECA influences the process of appointment: even though the Council has three times appointed a candidate despite an unfavourable opinion by Parliament, in two other cases, nominees withdrew their candidacy after Parliament delivered a negative opinion, and in another, the government of the Member State concerned withdrew the nomination and proposed a new candidate.

International Agreements in Progress: Modernisation of the trade pillar of the EU-Mexico Global Agreement

02-10-2020

On 21 April 2018, the EU and Mexico reached an agreement in principle on a modernised trade pillar of the EU-Mexico Economic Partnership, Political Coordination and Cooperation Agreement, also known as the Global Agreement, in force since 2000. On 28 April 2020, negotiations were formally concluded after the only outstanding item – EU access to sub federal public procurement contracts in Mexico – was agreed upon. The trade pillar of the Global Agreement was the first trade liberalisation agreement ...

On 21 April 2018, the EU and Mexico reached an agreement in principle on a modernised trade pillar of the EU-Mexico Economic Partnership, Political Coordination and Cooperation Agreement, also known as the Global Agreement, in force since 2000. On 28 April 2020, negotiations were formally concluded after the only outstanding item – EU access to sub federal public procurement contracts in Mexico – was agreed upon. The trade pillar of the Global Agreement was the first trade liberalisation agreement the EU concluded with a Latin American country. It has contributed to a significant increase in EU Mexico trade in services and industrial goods. However, it has become outdated, as both parties have entered into a wide range of preferential trade agreements with state-of-the-art provisions reflecting new developments in trade and investment policies. Removing non-tariff barriers to trade, and further liberalising trade in agricultural goods would allow the EU and Mexico to enhance their competitive edge in each other's markets. After the trade pillar's legal scrutiny and translation, it will become part of a three-pronged Global Agreement that will also contain revamped political dialogue and cooperation pillars and will be signed by the Council of the EU and its Mexican counterpart. The new Global Agreement will subsequently be submitted to the European Parliament for its consent. Second edition of a briefing originally drafted by Roderick Harte. The 'International Agreements in Progress' briefings are updated at key stages throughout the process, from initial discussions through to ratification.

The ECB’s Mandate and Legal Constraints

15-05-2020

This paper considers how the ECB can implement its mandate in the current crisis conditions and the legal constraints that exist on its actions. The current position of the euro area economy means the threat to meeting the ECB’s primary objective of price stability stems from the possibility of a long period of below-target inflation. This means the ECB should consider a wide range of stimulative policies that would help it meet both its primary and secondary objectives. The ECB, however, will be ...

This paper considers how the ECB can implement its mandate in the current crisis conditions and the legal constraints that exist on its actions. The current position of the euro area economy means the threat to meeting the ECB’s primary objective of price stability stems from the possibility of a long period of below-target inflation. This means the ECB should consider a wide range of stimulative policies that would help it meet both its primary and secondary objectives. The ECB, however, will be constrained by the ECJ’s interpretation of the monetary financing clause and its ability to meet its primary objective (and its independence) could be threatened by the recent German constitutional court judgement which is flawed in both its legal and economic analysis. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Economic and Monetary Affairs.

Externí autor

Karl WHELAN

Chystané akce

07-09-2021
EPRS online policy roundtable: What is the future of (European) sovereignty?
Další akce -
EPRS
08-09-2021
EPRS online policy roundtable: Statistics, Data and Trust: Why figures matter [...]
Další akce -
EPRS
21-09-2021
EPRS online Book Talk with David Harley: Matters of Record: Inside European Politics
Další akce -
EPRS

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