JOHN CARLOS I

KING OF SPAIN

To all who present it, and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

I

The Lisbon Treaty signed on 13 December 2007 by the 27 Member States of the European Union has continued the process initiated by the Maastricht Treaty of 1992 to deepen the participation of the European Union in the national parliaments in the affairs of the European Union. On the one hand, the new Article 12 of the Treaty on European Union details and extends the functions of the national parliaments in the functioning of the Union, which are later developed in other provisions of the Treaty. On the other hand, by means of two protocols devoted to this subject: the Protocol on the role of national parliaments in the European Union and the Protocol on the application of the principles of subsidiarity and proportionality.

At the end of the last Legislature, the Joint Commission for the European Union of the General Courts, at its meeting held on 18 December 2007, unanimously approved a detailed and detailed report with which it concluded more than two years. years of work of the Working Group set up within its framework to study the implementation by the General Courts of the Treaty establishing a Constitution for Europe. This Treaty was ratified by the Kingdom of Spain but not by other Member States of the European Union, which prevented its entry into force. The Working Group, following the adoption of the Treaty of Lisbon, proceeded urgently to adapt its work to this new text. In its conclusions, the Report made a number of suggestions and recommendations with the aim of adapting Law 8/1994, a regulation of the Joint Commission for the European Union, to the provisions of the Lisbon Treaty.

In this Legislature, the Joint Commission for the European Union constituted a study paper for the adaptation of the aforementioned Law 8/1994 to the provisions of the Treaty of Lisbon. The Ponencia produced a consensual text that was approved, by assent, by the aforementioned Joint Committee at its meeting of 24 March 2009 and which constitutes the content of this Law.

II

The purpose of this Law is to adapt Law 8/1994 of 19 May, which regulates the Joint Commission for the European Union to the provisions contained in the Treaty of Lisbon of 13 December 2007. To this end, it extends the relationship of competence of the Joint Committee, incorporating those conferred to the national parliaments by the Treaty of Lisbon.

Among them it is important to highlight the monitoring of the application of the principle of subsidiarity by the European legislative initiatives, the so-called "Early Warning System", developed by the Protocol on the application of the principles of subsidiarity and proportionality, annexed to the Treaty of Lisbon. This procedure, which was initially brought to light in the work of the Convention which prepared the text of the Treaty establishing a Constitution for Europe, essentially consists in giving the national parliaments the power to issue Reasoned opinions on the application of the principle of subsidiarity by European legislative initiatives at the beginning of the Community legislative procedure (in particular within eight weeks of referral to the institutions). The European Union's legislative framework. The legal effects of these opinions depend on the number of national parliaments which issue them with regard to each initiative, and they range from the new examination of the initiative by the European Commission to the possibility that the European Parliament or the Council, by strengthened majorities, can veto it, preventing its legislative processing.

The Law attributes to the Joint Commission the power to issue on behalf of the General Courts those reasoned opinions on the violation of the principle of subsidiarity, without prejudice to the plenary sessions of the Congress of Deputies and of the Senate, which may be able to debate and vote on the opinion drawn up by the Joint Committee for the European Union, in the terms of the respective Chambers ' Regulations.

Furthermore, the Law welcomes the possibility provided for in the Protocol annexed to the Treaty of Lisbon that national parliaments may consult regional parliaments with legislative powers. This possibility is articulated in a general way, by referring to the parliaments of the Autonomous Communities of all European legislative initiatives, as soon as they are received, without prejudging the existence of the autonomous powers concerned. These parliaments have a period of four weeks for their opinion to be taken into account by the Joint Committee, which, if it adopted a reasoned opinion on the infringement of the principle of subsidiarity by a draft act, The European Union's legislative body must incorporate the list of opinions sent by the parliaments of the Autonomous Communities and the references necessary for their consultation.

The Joint Committee for the European Union is also given the power to request the government to bring an action for annulment of a European legislative act against the Court of Justice for infringement of the the principle of subsidiarity, the power to exercise within the maximum period of six weeks from the official publication of the European legislative act. However, the Government may, in a reasoned manner, rule out the application of the action for annulment requested by either the Chambers or the Joint Commission for the European Union, a decision to be justified by the appearance of the Government to the Joint Commission for the European Union, when requested to do so.

Other procedures for the participation of national parliaments in the acts of the European Union provided for by the Treaty of Lisbon are those of opposition to certain initiatives which the European Council may take of the rules on majorities and procedures for adopting legislative acts, which has been called as a simplified revision of the treaties. In these cases, the opposition of a single Parliament prevents the decision of the European Council from being effective. In the case of the General Courts, the proposal states that it will be up to the Members of the Congress of Deputies and the Senate to adopt this agreement, on a proposal from the Joint Commission for the European Union.

Finally, the Law entrusts the Joint Commission for the European Union with a general mandate to the tasks conferred on the national parliaments by the Treaty of Lisbon in relation to the evaluation of the activities of Eurojust and the Europol's political oversight, while leaving open the possibility that the competent legislative committees of each House may also be able to intervene in these matters.

Article first. Object of the Law.

The purpose of this Law is to adapt Law 8/1994 of 19 May, which regulates the Joint Commission for the European Union to the provisions contained in the Treaty of Lisbon of 13 December 2007.

Article 2. Amendment of Law 8/1994 of 19 May on the regulation of the Joint Commission for the European Union.

Law 8/1994 of 19 May, which regulates the Joint Commission for the European Union, is amended as follows:

One. Chapter I under the heading 'General provisions' is introduced at the beginning of the

.

Two. Article 3 (b) is worded as follows:

" b) Receive proposals for legislative acts and other documents from the European Commission and other institutions of the European Union for information, examination and monitoring.

The Government, as soon as possible, and subject to a definitive assessment, will send to the Chambers a succinct report on the substantial content of those legislative proposals that have repercussions in Spain.

When the Joint Committee considers it appropriate, it may request the Government to extend the information received. "

Three. New paragraphs (j), (k), (l), (m) and (n) are added to Article 3:

" (j) to issue on behalf of the General Courts, in accordance with the provisions of the applicable European legislation, reasoned opinion on the infringement of the principle of subsidiarity, in the terms set out in Chapter II of this Act.

When the Joint Commission for the European Union is required for its deliberations, it may ask the Government for a report on the conformity of the legislative act with the principle of subsidiarity. that report within the maximum period of two weeks, together with the official documents of the bodies of the European Union which have been used in the preparation of the legislative project and which are held by the Government.

When deemed appropriate by the Commission, the Government may request the extension of the information referred to.

k) To request the Government to take the action for annulment before the Court of Justice of the European Union for infringement of the principle of subsidiarity, as set out in Article 7 of this Law.

l) Participate in the simplified revision procedures of the Treaties provided for in Article 48.7 of the Treaty on European Union, in the terms set out in Article 8 of this Law.

m) Receive the information of the applications for accession to the European Union, as provided for in Article 49 of the Treaty on European Union.

n) To participate in the activities of Eurojust and Europol, in the terms set out in Articles 12 of the Treaty on European Union and 85 and 88 of the Treaty on the Functioning of the European Union, and to take decisions provided for in Article 81.3 of the Treaty on the Functioning of the European Union on aspects of family law with cross-border implications. "

Four. A new Chapter II is introduced under the heading "Control by the General Courts of the application of the principle of subsidiarity by draft legislative acts of the European Union", with the following content:

" Article 5.

1. The power to approve on behalf of the General Courts a reasoned opinion on the application of the principle of subsidiarity by draft legislative acts of the European Union, in accordance with its rules, The Joint Committee for the European Union of the General Courts shall be general.

2. By way of derogation from the previous paragraph, the Members of the Congress of Deputies and the Senate may be able to debate and vote on the opinion drawn up by the Joint Committee for the European Union on the terms set out in the respective paragraphs. Regulations of the Chambers. If one of the Chambers of the Chambers endorses its competence for the adoption of the reasoned opinion, the Joint Committee for the European Union shall submit its proposal for a reasoned opinion to the plenary sessions of both chambers.

3. The reasoned opinions adopted by the Joint Committee, or by the Members of the Chambers, shall be forwarded by the Presidents of the Congress of Deputies and the Senate to the Presidents of the European Parliament, the Council and the Commission. European, within the maximum period of eight weeks since the draft European legislative act was transmitted to the Chambers. They will also be transferred to the Government for their knowledge.

Article 6.

1. The Congress of Deputies and the Senate, as soon as they receive a legislative initiative from the European Union, will refer it to the parliaments of the Autonomous Communities, without prejudging the existence of autonomous powers affected, for the purposes of their knowledge and, where appropriate, may send a reasoned opinion to the Cortes on the application of the principle of subsidiarity by the said initiative, in accordance with the provisions of the European legislation applicable in the material.

2. The reasoned opinion, which may be approved by the Parliament of an Autonomous Community, so that it can be taken into consideration must have been received in the Congress of Deputies or the Senate within four weeks from the date of the vote. referral of the European legislative initiative by the General Courts.

3. If the Joint Committee approves a reasoned opinion on the infringement of the principle of subsidiarity by a draft legislative act of the European Union, it shall incorporate the list of opinions transmitted by the parliaments of the European Communities. Stand-alone and the references required for your query.

Article 7.

1. The participation of the Court of Justice in an action for annulment before the Court of Justice of the European Union for infringement of the principle of subsidiarity, provided for in the Protocol on the application of the principles of Subsidiarity and proportionality annexed to the Treaty of Lisbon shall be articulated in accordance with the provisions of this Article.

2. Within a maximum of six weeks from the official publication of a European legislative act, the Joint Commission for the European Union may request the Government to bring an action for annulment of the action before the Court of Justice. act for infringement of the principle of subsidiarity.

3. The Government may, in a reasoned manner, rule out the interposition of the action for annulment requested by either of the Chambers or the Joint Commission for the European Union. This decision shall be justified by the Government's appearance before the Joint Commission for the European Union, when requested to do so. '

Five. A new Chapter III is added under the heading 'Other special procedures', with the following content:

" Article 8.

1. The opposition of the General Cortes to the initiatives taken by the European Council for the authorization of the Council to act by qualified majority rather than by unanimity or to adopt legislative acts by the procedure Ordinary legislative rather than by a special procedure, in the exercise of the habilitation established in Article 48.7 of the Treaty on European Union, shall correspond to the plenary sessions of the Congress of Deputies and of the Senate, on a proposal from the Joint Commission for the European Union.

2. If the plenary sessions of the Congress of Deputies and the Senate ratify the proposal of opposition to the initiative of the European Council, this decision will be dealt with in the terms that will be determined with transfer to the government for its knowledge.

3. The same procedure shall apply to the opposition of the General Courts to the decisions of the Council concerning the determination of the aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure in accordance with the provisions of Article 81.3 of the Treaty on the Functioning of the European Union.

Article 9.

The participation of the General Courts in the evaluation of the activities of Eurojust and in the political supervision of Europol will be carried out in general through the Joint Commission for the European Union and, if necessary, with the intervention of the competent legislative committees of each House. "

Final disposition. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 22 December 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO