LEGE no. 373 373 of 18 December 2013 on cooperation between Parliament and the Government on European affairs
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 820 820 of 21 December 2013
The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the cooperation framework between the Romanian Parliament or one of its Chambers and the Romanian Government, regarding Romania's participation in the decision-making process within the European Union, as well as the monitoring harmonise national legislation with European legislation. + Article 2 For the purposes of this law, the following terms and expressions have the following meaning: a) reasoned opinion-the document adopted by the Parliament or one of the two Chambers, by decision, setting out the reasons why it is considered that a draft European legislative act violates the principle of subsidiarity, in accordance with the provisions of Protocol no. 2 2 on the application of the principles of subsidiarity and proportionality, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, ... b) analysis of draft non-legislative acts of the European Union-the procedure by which the Parliament or one of the two Chambers analyzes and assesses draft non-legislative acts issued by the European Union, including the strategy documents, and which can be completed with a decision of the Parliament or one of the two Chambers; ... c) subsidiarity and proportionality control-the procedure by which the Chamber of Deputies and the Senate assess the way in which the draft legislative acts of the European Union respect the principles of subsidiarity and proportionality, pursuant to Protocol no. 2 2 on the application of the principles of subsidiarity and proportionality, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, ... d) parliamentary examination-the procedure by which the Parliament or one of the two Chambers examines and assesses the draft legislative or non-legislative acts of the European Union from the point of view of the regulatory fund and their implications for the national legislative system; ... e) mandate-the negotiating position of Romania, for the topics on the Council's agenda, including for draft legislative acts at the level of the European Union; ... f) general mandate-the position of negotiation of Romania, elaborated by the Government, for the topics on the agenda of the Council, including for the draft legislative acts at the level of the European Union, if the economic, social or environmental aspects of draft legislative acts at the level of the European Union are of major importance or concern several sectoral areas; ... g) draft legislative acts of the institutions of the European Union-proposals of the European Commission, initiatives of a group of member states, initiatives of the European Parliament, requests of the Court of Justice of the European Union, European and European Investment Bank requests for the adoption of a legislative act, in the form of regulations, directives or decisions of the European Union; ... h) the parliamentary examination reserve-the procedure by which the Romanian Government informs the Council about the triggering of the examination procedure by the Parliament or by one of the two Chambers, according to the present law, of an act project European legislation under negotiation; ... i) draft non-legislative act-the draft acts issued by the institutions of the European Union that are not adopted by the legislative procedure, according to the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed in Lisbon on 13 December 2007. ... + Article 3 (1) In the exercise of his or her duties, according to the provisions of this law, the Parliament or one of the two Chambers ... (2) The decision of the Parliament or of one of the two Chambers is taken over by the Government to finalize the national negotiating position in the Council, provided for in the mandate. ... (3) If the decisions of the two Chambers contain divergent provisions, the Government requests the Parliament a joint decision on the provisions having divergent content, within a deadline established by consultation with the two Chambers. ... (4) If the common decision is not submitted within the established period, the Government shall not be obliged to take into account the provisions having divergent content in the preparation of the general mandate or mandate. ... (5) The Government shall state in writing, as soon as possible, the support of a position other than that expressed in the decision of the Parliament or of one of the two Chambers. ... + Chapter II Review of the European Commission's annual work programme + Article 4 (1) The Chamber of Deputies and the Senate shall examine the annual work programme of the European Commission, each establishing a list of the draft European acts for which it will trigger the parliamentary examination procedure in that year. ... (2) The two lists shall be notified to the Government within 5 working days of their adoption. ... + Chapter III Informing Parliament + Article 5 (1) The Government shall transmit to the two Houses of Parliament, immediately after receipt, the draft legislative acts of the European Union which are inscribed on the Council's agenda and accompanying documents. ... (2) At the request of one of the two Chambers, the Government shall transmit to them draft legislative and non-legislative acts of the European Union, as well as their accompanying documents which have not already been transmitted by the Commission European under the obligation set out in Protocol no 1 on the role of national parliaments in the European Union, annexed to the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed in Lisbon on 13 December 2007. ... + Article 6 ((1) For each draft legislative act of the European Union, currently being negotiated at the level of the institutions of the European Union, the Government shall transmit, at the request of one of the two Houses of Parliament, no later than 10 working days of at the request date, an explanatory sheet containing the information set out in Annex no. 1 1 or, no later than 15 working days from the date of the request, an explanatory sheet containing the information set out in Annex no. 2 2, as appropriate. ... (2) For projects of non-legislative acts, pending adoption at the level of the institutions of the European Union, the Government shall transmit to the two Chambers, no later than 15 working days from the date of the request, a general information. ... + Article 7 (1) At the beginning of each rotating presidency of the Council, the Government shall transmit to the two Houses of Parliament the following ... a) the programme and priorities of that Presidency ... b) the list of general mandates to be drawn up, to comments and proposals. ... (2) The Government, through the Ministry of Foreign Affairs or through the relevant ministry, for the areas within their competence, according to the law, regularly inform the two Houses of Parliament on the essential problems for Romania and for the Union European, on the European agenda. ... + Article 8 The Government shall periodically submit the following documents to the two Parliament Chambers a) information on the results of participation in the European Council; ... b) periodical reports on the activity and results of Romania's participation in the decision-making process of the European Union, ... c) six-monthly reports on the fulfilment of the obligations transposing European Union law into national law. ... + Article 9 The protection of classified documents, which are subject to this law, shall be ensured according to national and European Union rules in the field + Chapter IV Working procedure between the Houses of Parliament and Government + Article 10 ((1) Any of the Houses of Parliament may decide to start the procedure for the parliamentary examination of a draft act of the European Union which is being negotiated at the level of the institutions of the European Union ... (2) The Chamber of Deputies or the Senate, as the case may be, shall notify the Government of a notification in relation to the act subject ... (3) After receiving the notification the Government, through the Ministry of Foreign Affairs or through the relevant ministry, for the areas under its competence, according to the law, shall transmit to the two Houses of Parliament, within 15 days business, the extended explanatory sheet on the draft legislative act, which includes the elements set out in Annex no. 2. ... + Article 11 (1) Following the parliamentary examination, Parliament or one of the two Chambers shall adopt decisions on draft acts pending adoption at the level of the institutions of the European Union. ... (2) The Parliament or one of the two Chambers shall complete the parliamentary examination and transmit to the Government the decision, before at least 3 working days from the date set by the Government for the completion of the mandate to be held in the Council. ... (3) In special, thoroughly motivated situations, the Government can ask to expedite the presentation of the decision on legislative acts, in discussion at the level of the Council, the urgency being motivated by the observance of the European calendar ... (4) If the deadlines provided in par. (2) and (3) are not respected, the Government will decide in the absence of the decision of the Parliament or its two Chambers. ... (5) If the decisions of the Chambers differ, the Government shall apply the provisions of art. 3 3 para. ((3) and (4). ... (6) The Government will inform the two Houses of Parliament of significant changes to the general mandates or mandates for draft legislative acts which have been subject to examination, as appropriate, generated by the negotiation, as soon as possible from their development, as well as the significant amendments of other Member States or European institutions. ... + Chapter V Parliamentary examination reserve + Article 12 During the parliamentary examination procedure of draft legislative acts of the European Union, the Government will inform the Council on the triggering of this procedure, under this law. + Article 13 The parliamentary examination reserve shall be considered high, as the case may be, from the moment of transmission of the decision of the Parliament or of one of the two Chambers to the Government or at the 3 3 para. ((3). + Chapter VI Control of the principles of subsidiarity and proportionality + Article 14 (1) The two Houses of Parliament shall ensure that the draft legislative acts of the European Union comply with the principles of subsidiarity and proportionality, pursuant to Protocol no. 2 on the application of the principles of subsidiarity and proportionality, annexed to the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed in Lisbon on 13 December 2007. ... (2) The Government shall transmit to the two Houses of Parliament the statement set out in Annex 1, for the draft legislative acts contained in the list of priorities established according to art. 4 4 para. (1), within 10 working days from the date of notification with the draft European act. ... (3) The Parliament or one of the two Chambers shall, by decision, adopt reasoned opinions if it finds that the draft legislative acts of the European Union have infringed the principle of subsidiarity and sets out the reasons. ... (. The reasoned opinion shall be sent to the President of the European Parliament, the Council and the European Commission, respectively, within 8 weeks of the date of transmission of the project, in accordance with Article 4. 6 6 of Protocol no. 2. ... (5) The two Houses of Parliament adopt decisions establishing the conformity of draft European legislation with the principles of subsidiarity and proportionality, with comments on the merits. ... + Article 15 (1) Parliament or one of the two Chambers, finding, following their internal analysis, that a European legislative act in force infringes the principle of subsidiarity, may act in annulment of that act in the Court of Justice, in the Art. 263 263 of the Treaty on the Functioning of the European Union and 8 8 of Protocol no. 2 on the application of the principles of subsidiarity and proportionality, annexed to the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed in Lisbon on 13 December 2007. ... (. After taking the decision to bring an action for annulment, the Parliament or one of the two Chambers shall appoint an agent in charge of representing the interests of the State in that case. ... (3) The correspondence with the Court of Justice in the framework of the action provided in par. (1) is carried out through the Government Agent in charge of representing Romania before the Court of Justice, as well as the other institutions of the European Union ... + Chapter VII Analysis of draft non-legislative acts drawn up by the European Union institutions + Article 16 (1) The Parliament or one of the two Chambers may analyse the draft non-legislative acts of the institutions of the European Union and notify the Government thereof. ... (2) Within 15 working days from the receipt of the notification, the Government shall transmit to the two Houses of Parliament a general information on the draft of the act submitted to the analysis, comprising the elements requested by the Chambers as well as information deemed relevant by the Government. ... + Article 17 (1) The decisions of the Parliament or of one of the two Chambers in the case of strategy, programming or consultation documents of the European Union have an advisory character for the Government. ... (2) During the analysis, at the request of any of the two Houses of Parliament, the representative of the Government designated for the fields of competence, according to the law, shall present himself to the European Affairs Committees of the two Chambers of the Parliament or at the specialized committees, in order to inform on the relevant aspects for Romania, within the document and on the preliminary elements of position of the Government. ... + Chapter VIII Parliamentary control over Romania's representation in the European Council + Article 18 (1) The Government shall transmit to the two Houses of Parliament, at least 10 calendar days before the meeting of the European Council, the proposal for a mandate that the Romanian delegation intends to present. ... ((. Before the European Council, Parliament may adopt proposals on the mandate. ... ((3) Proposals adopted in accordance with paragraph 1. (2) shall be included in the draft mandate formulated by the Government. ... (4) The President of Romania may address the Parliament in order to present his mandate. ... + Chapter IX Persons nominated or appointed by the Government for the functions of the institutions of the European Union + Article 19 (1) The Romanian Parliament will be informed by the Government about the nomination of persons in order to fill positions within the institutions of the European Union. ... (2) The specialized committees of the Parliament will hear the person nominated by the Government for the position of member of the European Commission. ... + Chapter X Monitoring the harmonisation of national law with European Union law + Article 20 (1) The Government shall submit annually to the Parliament its legislative program comprising, in a dedicated section, the draft laws to be transposed legal acts of the European Union. If, during the year, there are changes in the need to transpose by law the legislative acts of the European Union, the Government shall immediately inform the Parliament. ... (2) The legislative program provided in par. ((1) may include draft laws necessary for the creation of the legal framework for the direct application of the regulations and decisions of the European Union. ... (3) The legislative program provided in par. ((1) may include draft laws amending, supplementing or repealing national normative acts in order to execute the decisions rendered by the courts of the European Union against Romania or to prevent the delivery of such judgments against Romania. ... + Article 21 The Government presents on a semi-annual basis to Parliament the stage of transposition into national law of legislative acts adopted at European Union level, including the situation of registered delays + Chapter XI Final provisions + Article 22 Annexes no. 1 and 2 are an integral part of this law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, 18 December 2013. No. 373. + Annex 1 Content of the explanatory sheet of draft legislative acts of the institutions of the European Union a) the title of the project, as well as the other elements ... b) brief description of the proposal; ... c) preliminary assessment of the impact on national legislation, national policies on the economic, social situation, on SMEs and the environment; ... d) financial/budgetary implications; ... e) the ministry or institution of the central public administration responsible for the scope of the proposal; ... f) general, preliminary analysis of the draft legislative act. ... + Annex 2 Content of the extended explanatory sheet a) the objectives proposed during the decision-making process and their motivation; ... b) the initial position of the Government regarding the proposal for a legislative act, namely preliminary proposals for elements of mandate; ... c) preparatory documents of the European Commission sent to the Council; ... d) Council and Council bodies; ... e) reports of meetings at ministerial level of the Council; ... f) reports and communications of advisory bodies to the European Commission; ... g) any other data likely to clarify the issues in the debate. ... _________
