Monitoring, Assessment And Pronunciation By The Assembly Of The Republic In The Framework Of The Construction Process Of The European Union.

Original Language Title: Acompanhamento, apreciação e pronúncia pela Assembleia da República no âmbito do processo de construção da União Europeia.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624449324e6931594c6d527659773d3d&fich=pjl266-X.doc&Inline=false

ASSEMBLY of the REPUBLIC 1 DRAFT law No. 266/X PRONOUNCES on MATTERS PENDING DECISION in EUROPEAN UNION BODIES, monitoring and CONSIDERATION by the ASSEMBLY of the REPUBLIC OF PORTUGAL'S PARTICIPATION in the PROCESS of BUILDING the EUROPEAN UNION and SELECTION of PORTUGUESE CANDIDATES for FUNCTIONS in the EUROPEAN UNION explanatory statement the evolution process of European integration and the consequent transfer of spheres of national competences to the European Union requires the Assembly of the Republic a recast the way Portuguese Government surveillance. The experience of recent years shows a progressive improvement of the dialogue between successive Governments and the Assembly of the Republic, but this does not mean that always has been an effective parliamentary control. Indeed, the complexity of the decision-making process and the amount of decisions taken in the European Union have contributed to limit the aforementioned parliamentary scrutiny, which matter to overcome. In accordance with article 161) of the Constitution, it is up to Parliament to give its opinion on matters pending decision on organs within the framework of the European Union relating to the sphere of their competence. This constitutional provision points for a specific mechanism, especially qualified, by which the Assembly of the Republic may participate in the decision-making process relating to substances which, if they were subject to domestic legislation, PARLIAMENT would fall 2 in its sphere of competence reserved. In this draft law defines how the Assembly opinion in such circumstances. On the other hand, the law No. 20/94, of 15 June, currently in force, does not match the requirements arising from article 163, paragraph f), of the Constitution, in relation to the monitoring and assessment of the process of building the European Union, importing strengthen the powers and faculties of the Assembly in this area. Another of the areas in which the activities of the Assembly of the Republic can substantially improve the selection, nomination and appointment of individuals to positions within the institutions, bodies, offices or agencies of the European Union, which is the subject of (p)) of article 164 of the Constitution. Until now the process of selection, designation and appointment of office-holders and senior officials in the European Union has been fully dependent on the Government, a legal framework for unstructured, without which the Assembly of the Republic has any chance of intervention. Given the importance and dignity of many of these positions, we must change this situation by creating direct or indirect intervention mechanisms of Assembly of the Republic in this process, thereby giving it greater transparency, dignity and legitimacy. It is relevant to note that the Ombudsman recently produced the recommendation n. º 6/B/2005, sustaining the existence of uncostitutional dispositions contained there by default for lack of standards that give enforceability to articles 161 (n)) and 164, (p)), of the Constitution. This Bill allows any suspected remedy certainly unconstitutionality by omission that perhaps could be raised like that, pursuant to the rules and constitutional provisions, members of Socialist Party feature the following Bill: ASSEMBLY of the REPUBLIC 3 chapter I powers of Parliament opinion and accompanying the process of European integration article 1 General provision 1 — the Assembly of the Republic issue opinions on matters of the sphere of its legislative jurisdiction is reserved pending decision bodies of the European Union and on compliance with the principle of subsidiarity, as well as monitor and enjoy the participation of Portugal in European integration in accordance with this law. 2 — For the purpose of carrying out its duties, it established a regular consultation process between the Parliament and the Government.

Article 2 Opinion within matters of legislative jurisdiction reserved 1-When pending decision bodies of the European Union matters falling within the reserved legislative powers of the Assembly of the Republic, this pronounced in accordance with the following paragraphs. 2-whenever the situation referred to in the preceding paragraph, the Government shall inform the Assembly of the Republic, asking for her opinion. 3-the opinion is prepared by the specialized Permanent Committee has entrusted with European Affairs. 4 – once approved in the Commission's opinion submitted to Plenary for discussion and vote. 5 – it is incumbent upon the parliamentary groups also take the initiative to propose the drafting and opinion poll.
ASSEMBLY of the REPUBLIC 4 6-at any stage subsequent to the decision-making organs of the European Union, the Assembly may, on its own initiative or upon the initiative of the Government to draw up and vote on new opinions.

Article 3 opinion on compliance with the subsidiarity principle 1-the Assembly of the Republic, by way of resolution, can address the President of the European Parliament, the President of the Council, the President of the Commission and, where appropriate, the Committee of the regions and the economic and Social Committee, a reasoned opinion on compliance with the principle of subsidiarity of a proposed legislative or regulatory text that has been informed by the means provided for in this law or subsequent amendments. 2 — When the opinion refers to matters within the jurisdiction of one or both legislative assemblies of the autonomous regions, these should be consulted in good time.

Article 4 means of monitoring and assessment by Parliament of the European Union process 1-the Assembly of the Republic shall carry out the monitoring and assessment of the Portuguese participation in the process of building the European Union, in particular by: a) Discussions with the presence of the Government in the week prior to each meeting of the European Council on the scheduled topics , and a week later on the findings and the respective positions of Portugal; b) Discussion in plenary of reports, opinions and resolutions formulated projects for specialized Permanent Committee has entrusted with European Affairs;
ASSEMBLY of the REPUBLIC 5 c) meetings twice a semester of specialized Permanent Parliamentary Committee that has charge of European Affairs, with the presence of the Member of the Government that represents the Portuguese State in each of the sectoral Council meetings on topics scheduled and debated, Portugal positions and conclusions. d) at meetings set out in (a) may participate, without the right to vote, MEPs members of other permanent committees or any dealing with subjects that are listed in the agenda of sectoral Councils. 2-the Assembly of the Republic or the Government may, without prejudice to article 2 and in the preceding paragraph, raise the debate on all issues and debating positions in the European institutions, is always matter of its jurisdiction. 3-Notwithstanding the preceding paragraph, and where this is necessary for reasons of urgency, meetings can even the Assembly of the Republic or the Government raise the debate on matters already addressed, positions already taken or negotiations carried out in the framework of the European Union. 4-the Assembly of the Republic, on its own initiative or at the request of the Government and in the exercise of its powers, enjoy, in accordance with the rules, the draft legislation and guidance of the policies and actions of the European Union. 5 – the Assembly of the Republic appreciates the financial programming of the construction of the European Union, in particular with regard to the structural funds and the Cohesion Fund, in accordance with the law of the State budget Framework, of the major decisions of the plan, the Regional development plan or other national programs that provide for the use of those funds.

Article 5 Information to Parliament 1 — the Government should keep informed, in due time, the Assembly of the Republic on the issues and debating positions in the European institutions, as well as on the ASSEMBLY of the REPUBLIC




6 proposals under discussion and the ongoing negotiations by sending all relevant documentation, including: a) agreements or projects of the conventions concluded by the European communities, the European Union or between Member States in the context of the European Union, without prejudice to the rules of confidentiality that applies to reserves or the negotiating process; b) motions of non-binding and binding acts adopted by the institutions of the communities and the European Union, with the exception of acts of day-to-day management; c) acts of law projects complement, in particular decisions of representatives of the Governments of the Member States meeting within the Council; d) annual legislative programmes and any other instrument of legislative programme; e) legislative resolutions on common positions of the Council; f) authorisations granted to the Council to act by qualified majority in cases where decisions are taken, as a rule, unanimously; g) agendas and outcomes of the sessions of the Council, including the minutes of meetings in which deliberates on legislative proposals; h) reports on the implementation of the principle of subsidiarity; I) consultation documents; j) documents relating to major economic and social guidelines, as well as sectoral guidelines; l) annual report of the Court of Auditors. 2 — The Members of the Assembly of the Republic may require community documentation available on the development of the proposals referred to in the preceding paragraph. 3 – the Government presents to the Assembly of the Republic, in the first quarter of each year, a report that allows monitoring the participation of Portugal in the process of building the European Union, and that report inform, in particular, on the deliberations with greater impact to Portugal taken in the previous year by the ASSEMBLY of the REPUBLIC 7 European institutions and the measures implemented by the Government as a result of those deliberations.

Article 6 European Affairs Commission 1 – the European Affairs Commission is the specialized Permanent Parliamentary Committee for monitoring and overall assessment of European Affairs, without prejudice to the competence of the plenary and of the other committees. 2 – it is incumbent upon specifically to European Affairs Commission: a) enjoy all the subjects that interested the Portugal in the framework of European integration, the European institutions or in cooperation between European Union Member States, in particular the Government concerning such matters; b) Prepare opinion when pending decision bodies of the European Union matters falling within the reserved legislative powers of the Assembly of the Republic; c) Encourage greater involvement of the Assembly of the Republic in the activity carried out by the European institutions; d) Formulate draft resolutions intended for the assessment of proposals for Community acts of normative nature; e) Intensify exchanges between the Parliament and the European Parliament proposing the granting of appropriate reciprocal facilities and regular meetings with the members concerned, in particular those elected in Portugal; f) Invite representatives of the institutions, bodies, offices and agencies of the European Union for hearing on issues relevant to the participation of Portugal in the construction of Europe; g) hold an annual meeting with the members of the legislative assemblies of the autonomous regions and their presence when they're concerned regional legislative competence; h) inter-parliamentary cooperation within the European Union;
ASSEMBLY of the REPUBLIC 8 i) Designate the Portuguese representatives to the Conference of European Community Affairs of the national parliaments, appreciate its performance and the results of the Conference; j) prior non-binding opinions in the cases provided for in article 10, on personalities to designate or appoint by the Portuguese Government.

Article 7 appraisal process 1-the European Affairs Commission carries out the distribution of proposals for normative content, as well as any guidance material referred to in article 5, or by its members or by the other committees on the basis of matter, to knowledge or opinion. 2-whenever you are prompted by the European Affairs Committee, other committees send reasoned opinions. 3-the opinions referred to in the preceding paragraphs may conclude with concrete proposals for consideration by the Commission of European Affairs. 4-Always deciding to draft report on matters within its competence, the European Affairs Commission attaches the opinions requested the other committees. 5-When is concerned the assessment of proposals for Community acts of normative nature, the European Affairs Committee, collected the necessary opinions, can formulate a draft resolution, to be submitted to plenary. 6-in all other cases, the European Affairs Committee formulates opinions on the matters in respect of which it is called upon to give its opinion, and may conclude with a concrete proposal. 7 – The reports and opinions issued by the European Affairs Committee are sent to the President of the Assembly of the Republic and the Government. 8-the annual report of the European Court of Auditors is subject to the opinion of the Committee on account of the matter and sent to the Commission of European Affairs.
ASSEMBLY of the REPUBLIC 9 Article 8 human, technical and financial resources for the proper exercise of its powers, the Assembly of the Republic shall establish the European Affairs Commission of the human, technical and financial resources indispensable.

CHAPTER II selection, appointment or designation of personalities to positions in the European Union article 9 Part 1 – the selection, designation and appointment by the Government of personalities to positions in institutions, bodies, offices or agencies of the European Union whose completion is not subject to competition, undergoes the procedure and rules set out in this decree-law. 2-are not subject to this regime candidates for Member of the European Commission, the Committee of the regions and the European economic and Social Committee, as well as candidates for Member of the European Parliament.

Article 10 non-judicial Positions 1 – prior to the appointment or designation by Government, persons to positions in the institutions or bodies of the European Union of judicial nature, their names and curricula are transmitted to Parliament, and the European Affairs Commission rule on the same through non-binding opinion.
ASSEMBLY of the REPUBLIC 10 2-in order to prepare its opinion, the European Affairs Commission can proceed to the hearing of the personalities nominated. 3-the procedure of the preceding paragraphs shall apply to the appointment or appointment to positions leaders of European agencies, when compatible with the specific selection process and choose according to the rules of the European Union.

Article 11 positions of judicial nature 1 – prior to the appointment or designation by Government personalities to positions of judicial nature, including from a judge of the Court of Justice, judge of the Court of First Instance, Judge of the Court of Auditors and General Counsel, their names and curricula are transmitted to an independent Selection Committee which shall decide on the candidates by non-binding opinion. 2-for the purposes of the preceding paragraph, the Government shall forward a list of at least 3 names of candidates for each post to be filled. 3-in order to prepare its opinion, the selection Committee may proceed to the hearing of the personalities included in the list supplied by the Government. 4-When the Government understands not to follow the opinion of the selection Committee, in the Act of appointment or designation must substantiate the reasons why moves away from that opinion.

Article 12 selection Committee 1-the independent Selection Committee referred to in the preceding paragraph shall be composed of a Chairman and four other members, elected from among persons of recognised merit by an absolute majority of deputies in effectiveness of functions.
ASSEMBLY of the REPUBLIC 11 2-the rules of operation of the selection Committee will be defined through rules of procedure approved by it. 3-the Assembly of the Republic defines the personal status of the members of the Commission and ensures the administrative and logistic support necessary for their operation.

CHAPTER III final provision Article 13 Repeal repealed law No. 20/94, of 15 June.

Assembly of the Republic, members of PS