Seimas of the Republic of Lithuania

European Parliament resolution of 11 November 2015 on the reform of the electoral law of the European Union (2015/2035(INL))

Scrutiny details

 
Scrutiny Information

Scrutiny date: 03/02/2016

Subsidiarity Concern:

  Important information to exchange

No Veto

Information on parliamentary scrutiny

Committee on European Affairs  has asked the following Committees for the opinion: the Committee on Legal Affairs and  the Committee on State Administration and Local Authorities. The Committees will examine whether the draft is in compliance with the principle of subsidiarity.


The Committee on Legal Affairs concluded that the proposal breaches the principle of subsidiarity.




CONCLUSIONS

 

From

the meeting of the Committee on European Affairs of the Seimas of Republic of Lithuania

 

3 February 2016

Vilnius

The Committee on European Affairs,

having examined the Proposal of the European Parliament for a Council decision adopting the provisions amending the Act concerning the election of the members of the European Parliament by direct universal suffrage (2015/0907/APP) (hereinafter referred to as the Proposal), annexed to the European Parliament resolution of 11 November 2015 on the reform of the electoral law of the European Union (2015/2035 (INL)),

having noted the position of the Ministry of Foreign Affairs regarding the Proposal (No. POZ-9),

having examined the opinions of the Ministry of Justice, the European Law Department under the Ministry of Justice of the Republic of Lithuania, the Central Electoral Commission, and the Legal Department of the Office of the Seimas concerning the Proposal,

in the light of the conclusions of the Committee on State Administration and Local Authorities and the Committee on Legal Affairs of the Seimas regarding the Proposal,

on the basis of the protocol decision of the Committee on European Affairs of 14 January 2016 concerning the Proposal,

agreeing that the Proposal has transnational aspects and the measures provided for therein are better implemented at Union level, i.e. the Union’s instruments can better achieve the objective of the Proposal to establish a uniform procedure for elections to the European Parliament, compared to national legislation of individual Member States,

noting that, at this stage, the Committee only considers the compatibility of the Proposal with the principle of subsidiarity, without examining in detail the content of the Proposal,

does not find breach to the principle of subsidiarity, however:

noting that, for the purposes of detailed examination of the Proposal, the reasoning behind the Proposal needs to be presented, as required by the Protocol on the application of the principles of subsidiarity and proportionality annexed to the Treaty on the Functioning of the European Union (TFEU),

emphasising that some provisions of the Proposal may have a significant impact on national regulation,

stressing that, in accordance with the second subparagraph of Article 223(1) of the TFEU, the provisions of this Proposal will enter into force only following their approval by Member States in accordance with their respective constitutional requirements,

in view of the opinion adopted by the Committee on European Affairs on 2 April 2014 on the statute and funding of European political parties and political foundations, whereby the Committee welcomed the initiative to strengthen the activities of the European political parties and representative democracy at the EU level and reduce the gap between the European Union policies and its citizens,

having doubts as regards the interaction between the Proposal, which aims to establish a uniform procedure for elections to the European Parliament, on the one hand, and the national administration of the electoral process, on the other,

hereby decides to:

  1. draw up a political opinion on the Proposal on the basis of the above considerations and in light of the opinions of the relevant authorities referred to in this Conclusion as well as the information received from the political groups of the Seimas;

  2. inform the European Parliament about the intention of the Committee on European Affairs to adopt a political opinion referred to in paragraph 1 of the Conclusion;

  3. encourage the Ministry of Foreign Affairs to take into consideration the conclusions of the Seimas committees while presenting the position of the Republic of Lithuania at the deliberations on the Proposal in EU institutions in order to avoid discrepancies between the Proposal and the provisions of national law and preclude possible opposition to the implementation in the Republic of Lithuania of the proposed decision after its adoption by the Council.

 


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