Belgian House of Representatives

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA

Scrutiny details

Subsidiarity deadline: 25/06/2013
Scrutiny Information

Scrutiny date: 19/06/2013

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

On May 31st 2013, an information file was submitted to the Home Affairs and the Justice Committees, to the Special Committee for the accompaniment of the Standing police monitoring committee and to the Advisory Committee on European Affairs.

On June 19th 2013, the Home Affairs Committee unanimously approved an opinion (DOC. 53 2910/001) stating that the proposal does not comply with the principle of subsidiarity as

(1)  the measure by which competent authorities would be allowed one month to explain to Europol why they choose not to comply with its request to initiate a criminal investigation (art. 6.4.), would interfere with the independence of the Belgian judicial system;

(2)  the tasks assigned to the new Europol Academy (art. 9) would be far beyond what is foreseen by article 87.2.b) of the Treaty on the Functioning of the European Union;

(3)  the national supervisory authority would no longer be involved in the monitoring of the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol (art. 46);

(4)  parliamentary scrutiny under obligation of discretion and confidentiality (art. 53.1.), forms a unacceptable obstacle to the parliamentary freedom of speech;

(5)  national Parliaments would not be allowed to develop their own scrutiny procedures as parliamentary scrutiny of Europol’s activities would be exercised in accordance with this Regulation only (art. 53.2.).

According to the Rules of Procedure of the House, this opinion is deemed to be that of the House.

The opinion was sent to the European Commission, the European Parliament and the Council on the same day.

On September 24th 2013, the European Commission sent its reply (DOC. 53 2910/002).

Lisbon Treaty procedures
  Reasoned opinion

24/09/2013 |

19/06/2013 |

Contact points for EU matters

IPEX Correspondents:
Phone: +32 2 549 81 33  Email Mr. Carlos Demeyere Phone: +32 2 549 81 64  Email Ms. Katrien Joos
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