Dutch Senate

Proposal for a COUNCIL REGULATION on the establishment of the European Public Prosecutor's Office

Scrutiny details

Subsidiarity deadline: 28/10/2013
 
Scrutiny Information

Scrutiny date: 20/06/2019

  A reasoned opinion has been sent

  Important information to exchange

No Veto

Information on parliamentary scrutiny

On the 15th of October 2013 a majority of the members of the Dutch Senate voted in favour for a reasoned opinion on this proposal.

In addition, the committees for Immigration and Asylum / Justice and Home Affairs Council and Security & Justice sent two letters to the European Commission in the framework of the political dialogue.

Finally, the committees are also holding written deliberations with the Dutch government on the proposal.

On 6 October 2015the minister of Security and Justice sent a letter to the Senate with information on the state of play concerning EU fraud. This letter will be discussed by the committeesfor Immigration and Asylum / Justice and Home Affairs Councilon 3 November 2015.

On 11 december 2015 a member of the committee for Immigration and Asylum/JHA went to Brussels with the EPPO rapporteur of the parliament for a working visit on EPPO. On 22 december 2015 the committee for Immigration and Asylum/JHA discussed this visit.

On 19 January 2016 the committees for Immigration and Asylum/JHA and Security&Justice will provide input for further written consultation with the Dutch government on this proposal. The letter has been sent on 25 January 2016.

The minister of Security & Justice replied on 18 February 2016. On 1 March 2016 the committees for Immigration and Asylum / Justice and Home Affairs Council and Security & Justice discussed the letter and decided to involve this letter to the oral consultations with the Secretary of Security and Justice on 8 March 2016.

On 21 June 2016the committees for Immigration and Asylum / Justice and Home Affairs Council and Security & Justice decided to sent a letter with questions to the governement in response to a letter from the EPPO rapporteur from the parliament on the consequences of the EPPO for the Dutch investigative and prosecutorial practice. The letter was sent on 29 June 2016. Another letter with further questions was sent on 15 July 2016 to the government. The government replied to both letters on 24 August 2016.

The committees discussed the reply on 13 September 2016 and decided to take notice of the letter.
The committees for Immigration and Asylum / Justice and Home Affairs Council and Security & Justice decided tosend a letter to the government with questions on the state of play of the negotiations on EPPO. The government replied on 7 april 2017. The reply was discussed on 18 April 2017.

On 6 June 2017 a letter of the Minister for Security and Justice concerning decision-making on EPPO was discussed and the committees decided tot reply the government by letter.During a debate in the Dutch Parliament concerning the JHA Council of 8-9 March 2018 the cabinet announced its intention to inform the European Commission and Council about its intention to participate in EPPO. On 6 December 2016 the then Minister of Security and Justice had promised during a plenary debate with the Dutch Senate to await the final opinion of the States-General (both parliamentary chambers) for its own definitive position concerning participation in EPPO.

On 3 April 2018, the Dutch Senate held a debate on the intended participation of the Netherlands in the EPPO with the Dutch minister of Justice and Security, and three motions were tabled. On 10 April 2018, the People's Party for Freedom and Democracy tabled an amended motion as well as a new motion. The Dutch Senate voted on the four motions on 17 April 2018 and passed three motions, including a motion on the Dutch Senate agreeing with the intended participation in the EPPO.

On 3 April 2018, the I&A/JHA Committee discussed the JHA Council's report of 8-9 March 2018, which reviewed the state of play of preparations for the actual launch of the EPPO. In the light of the report, the Committee decided to enter into written consultations with the government and set the date of the contribution at 15 May 2018.

On 17 April 2018, during the reopening of the debate on the participation of the Netherlands in the European Public Prosecutor's Office, an amended and a new motion was tabled by member Duthler (VVD). At the end of the debate, a vote was taken on the four motions that had been tabled, in which the motion on Wezel (Socialist Party) c.s., the amended motion on Duthler (Liberal Party) c.s. and the new motion on Duthler c.s. were adopted.

On 15 May 2018, the Freedom Party (PVV) fraction provided input for written consultations with the government following the report of the JHA Council of 8-9 March 2018. On 23 May 2018, a letter was sent to the State Secretary of Justice and Security with a copy of the letter to the Minister of Justice and Security in which, among other things, the contribution of the Netherlands with regard to the EPPO was requested.

On 3 July 2018, the committee discussed the report of a written consultation with the State Secretary for Justice and Security on the report of the JHA Council of 8 and 9 March 2018, which included questions about the Dutch participation in the EPPO. The Committee on Economic and Monetary Affairs decided to take note of the report.

During the plenary debate of 6 December 2016 with the Minister of Security and Justice on the state of affairs of the EPPO, a.o. the motion van Dijk c.s. was tabled. This motion was adjourned on 6 December 2016 and will expire on 25 September 2018 on the basis of Article 93, third paragraph, of the Rules of Procedure of the Senate.

On 9 October 2018, the I&A/JHA and J&V Committees discussed a letter from the Minister of Justice and Security regarding a progress report on the establishment of the EPPO and decided to enter into written consultations with the government. The contribution date was set at 16 October 2018.

On 16 October 2018, the Freedom Party (PVV) fraction provided input for written consultations with the government on the letter from the Minister of Justice and Security regarding a progress report on the establishment of the EPPO. The letter was sent to the Minister of Justice and Security on 23 October 2018. The Minister responded by letter dated 16 November 2018.

On 20 November 2018, the I&A/JHA and J&V Committees discussed the report of a written consultation with the Minister of Justice and Security on the half-yearly progress report on the actual establishment of the EPPO. The Freedom Party (PVV) group indicated its intention to enter into further written consultations with the government. The contribution date was set at 11 December 2018.

On 11 December 2018, the I&A/JHA and J&V Committees decided to refrain from further written consultation and to take note of the letter from the Minister of Justice and Security dated 16 November 2018.

On 4 April 2019, the Minister of Justice and Security (J&V) sent a letter to the Senate containing the second EPPO progress report.

On 9 April 2019, the I&A/JHA and J&V committees decided to provide input for a written consultation with the government on 16 April 2019. The input will be provided by the political groups of the PVV and D66.

On 1 May 2019, the I&A/JHA and J&V committees sent a letter to the Minister of Justice and Security following the second progress report on the actual establishment of the EPPO. On 16 April 2019, the political groups of the PVV and D66 provided input for this letter and the draft letter was submitted to the members of the committees.


Lisbon Treaty procedures
 
  Political Dialogue

03/06/2014 | Letter of the Senate of the Kingdom of the Netherlands with comments and questions concerning the yellow card procedure
 On 3 July 2014, the Senate of the Kingdom of the Netherlands sent a letter to the European Commission in the context of a political dialogue concerning the yellow card procedure for proposal COM(2013)534. On 8 August 2014, the European Commission sent a letter replying to the letter of the Senate of the Kingdom of the Netherlands.

  Reasoned opinion

17/10/2013 | Reasoned opinion on the proposal on the establishment of the European Public Prosectutor's Office
On 17 November 2013, the Senate of the Kingdom of the Netherlands sent a Reasoned Opinion to the European Commission concerning COM(2013)534, stating that it does not comply with the principle of subsidiarity. On 13 March 2014, the European Commission replied to the objections of the Senate of the Kingdom of the Netherlands

On 24 April 2014, the Senate of the Kingdom of the Netherlands sent another letter expressing its intent not to reconsider the proposal COM(2013)534. The European Commission sent a letter on 22 July 2014 responding to the objections of the Senate of the Kingdom of the Netherlands.

Contact points for EU matters

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