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  • 7/30/2019 Table Internal Procedures for Subsidiarity Check Rev 24 05 11

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    Directorate-General for the Presidency

    Directorate for Relations with National Parliaments

    Legislative Dialogue Unit

    24/05/2011

    1

    National Parliaments' internal procedures for subsidiarity checks

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    Foreword

    The Lisbon Treaty confers on an EU national Parliament/Chamber a new power to issue a "reasoned opinion" on whether it considersthat a draft EU legislative act breaches the principle of subsidiarity. In such cases, a national Parliament/Chamber should, within eightweeks from the transmission of the last language version of the draft legislative act, present its views in writing to the Presidents of theParliament, Council and Commission. Reasoned opinions indicate the non-compliance of a draft legislative act with the principle ofsubsidiarity and have been submitted to the European Parliament within eight weeks deadline referred to in Article 6 of Protocol N2 ofthe Treaty of Lisbon, in accordance with the applicable provisions adopted by national Parliaments.

    This table summarises the internal procedures of each national Parliament/Chamber. The document was produced using replies fromnational Chambers/Parliaments to the questionnaire for the Thirteenth Bi-annual Report of COSAC as an initial information source andthen completed or confirmed by the websites of the national Parliaments. Following this, it was amended and updated based onfeedback from the National Parliament Representatives.

    The table firstly outlines the procedure for the adoption of a reasoned opinion, indicating the role of the European Affairs Committee, thesector-specific committees and the plenary. It is followed by a description of the procedure for the transmission of a reasoned opinion,including the format of the document and the signatory party/parties. Where possible, the table provides hyperlinks to the relevant Rulesof Procedure. Finally, a comments column is included in order to outline any other necessary information, such as possible futurechanges to the procedure or any specificities of the procedure of a particular Chamber/Parliament. Examples from those nationalParliaments/Chambers who have already submitted reasoned opinions are available in the annex.

    In order to ensure highest level of clarity and legibility, standardised terms of references have been used throughout, such as "sector-

    specific committee" and "plenary resolution", despite the fact that many Chambers/Parliaments use their own specific terminology. Linksto the Rules of Procedure which can be used by those wishing to research the particular terms used by specific Chambers/Parliamentshave been included where possible.

    The Legislative Dialogue Unit welcomes any additional feedback or updated information.

    2

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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    AustrianNationalrat Opinions are:

    drafted and adopted by

    the EU Subcommittee

    (power delegated to itfrom the EU MainCommittee)

    Opinions are:

    in the form of a letter

    signed by the President of

    the Nationalrat

    (sent by email from EU-

    Koordination [email protected] )

    Austrian Federal Constitution (amendedto reflect the Treaty of Lisbon)(Paragraph 23 g and h on subsidiarity

    check)http://bit.ly/19j2FK (in German)

    Austrian

    Bundesrat

    Opinions are:

    drafted and adopted by

    the EU committee

    Opinions are:

    in the form of a letter

    signed by the President of

    the Bundesrat

    (sent by email from EU-

    Koordination [email protected] )

    Austrian Federal Constitution (amendedto reflect the Treaty of Lisbon)(Paragraph 23 g and h on subsidiaritycheck)http://bit.ly/19j2FK (in German)

    Rules of Procedure of the AustrianBundesrathttp://bit.ly/dFJ8dR (in German)

    3

    mailto:[email protected]:[email protected]:[email protected]://bit.ly/19j2FKmailto:[email protected]:[email protected]:[email protected]://bit.ly/19j2FKhttp://bit.ly/dFJ8dRmailto:[email protected]:[email protected]:[email protected]://bit.ly/19j2FKmailto:[email protected]:[email protected]:[email protected]://bit.ly/19j2FKhttp://bit.ly/dFJ8dR
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    BelgianChamber

    Opinions are:

    drafted by the Task

    Force for Analysis ofEU-Documents (anadministrative body inthe Department ofEuropean Affairs of theChamber)

    submitted to and thenadopted by the sector-specific committee in theChamber

    sometimes adopted by

    the plenary, if deemednecessary by one-thirdof the sector-specificcommittee members

    Opinions are:

    in the form of a report

    co-signed by the

    Rapporteur and the Chairof the Committee

    If competent, theregional Parliamentscan formulate asubsidiarity opinion.(according to acooperationagreement betweenall the Belgianparliamentaryassemblies withregard to thesubsidiarityprocedure and incorrespondence withthe Declaration n51of Belgium added tothe Treaty of Lisbon)

    Chamber Rules of Procedure (Article37bis on subsidiarity):http://bit.ly/a4M1Fx (in French)

    Belgian

    Senate

    Opinions are:

    drafted by the sector-

    specific committee,based on the advice ofthe Senate delegation tothe 'Federal Advisory

    Committee on EuropeanAffairs'i and the SenateLegal Service

    always adopted by the

    plenary

    Opinions are:

    in the form of a report

    The InstitutionalAffairs Committee ofthe Senate has beengiven the task ofdrafting a resolutionfor the revision of the

    Belgian Constitutionto insert a new articleconcerning thenational and regionalParliaments'subsidiarity checkpowers.

    Senate Rules of Procedure (Article 85on Federal Advisory Committee onEuropean Affairs but no detail onsubsidiarity): http://bit.ly/f1ftns (inFrench)

    4

    http://bit.ly/a4M1Fxhttp://bit.ly/f1ftnshttp://bit.ly/a4M1Fxhttp://bit.ly/f1ftns
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    Bulg

    arianParliament

    Opinions are:

    drafted by the EU affairs

    committee inconsultation with sector-specific committees.

    adopted by the

    EU affairs committee.

    Opinions are:

    in the form of a report

    accompanied by a cover

    letter, signed by theSpeaker of the Parliament

    A working group inthe Parliament iscurrently draftingpotentialamendments to theRules of organisationand procedure of theNational Assembly,including additionaland more detailedprocedure forsubsidiarity checks

    Rules of Procedure & Organisation,Chapter 10 on Parliamentary monitoringand control of European Union Affairs:http://bit.ly/gckrzh

    Cypriot

    Parliament

    Opinions are:

    drafted and adopted by

    the European AffairsCommittee

    Opinions are:

    in the form of a report

    It is not required toamend the Rules ofProcedure to adopt aspecial procedure forsubsidiarity checks.

    Czech

    Chambe

    r

    Opinions are:

    drafted by the European

    Affairs Committee, inconsultation with sector-

    specific committees sometimes adopted by

    the plenary, on therequest of theCommittee Chair

    Opinions are:

    in the form of a resolution,

    signed by the CommitteeChair, Committee

    Rapporteur and CommitteeVerifier

    accompanied by a cover

    letter, signed by theSpeaker of the Chamber

    The Constitution ofthe Czech Republiccontains a provisionfor the two chambers

    to establish a jointbody for thepurposes ofEuropean scrutiny(Article 10b)

    Chamber Rules of Procedure (Rule109d-h on subsidiarity check):http://bit.ly/gNDKZd

    Constitution of the Czech Republic(Article 10b)http://bit.ly/fHZp9V

    5

    http://bit.ly/gckrzhhttp://bit.ly/gNDKZd%20http://bit.ly/fHZp9Vhttp://bit.ly/gckrzhhttp://bit.ly/gNDKZd%20http://bit.ly/fHZp9V
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    CzechSenate

    Opinions are:

    drafted by the EU Affairs

    Committee

    always adopted by the

    plenary

    Opinions are:

    in the form of a resolution,

    signed by the SenatePresident and SenateVerifier

    accompanied by a cover

    letter, signed by the SenatePresident

    The Constitution ofthe Czech Republiccontains a provisionfor the two chambersto establish a jointbody for thepurposes ofEuropean scrutiny.(Article 10b)

    Senate Rules of Procedure (Section119o on subsidiarity check):http://bit.ly/hXMSfp

    Constitution of the Czech Republic(Article 10b)http://bit.ly/fHZp9V

    DanishParliament

    Opinions are:

    drafted by the sector-

    specific committee(preliminary draft)

    finalised and adopted by

    the European AffairsCommittee

    adopted following a joint

    meeting of the twocommittees if there is adiscrepancy betweentheir opinions

    Opinions are:

    in the form of a single letter

    signed by the Chair of the

    European AffairsCommittee

    EU Committee Rules of Procedure(p148-152 for subsidiarity checkprocedure): http://bit.ly/bXhpfB (inDanish)

    Du

    tchTweede

    Kamer

    Opinions are:

    drafted by the EU AffairsCommittee inconsultation with sector-specific committees

    always adopted by the

    plenary

    Opinions are:

    in the form of a single letter signed by the President of

    the Tweede Kamer

    sometimes transmitted as a

    joint letter with the EersteKamer

    6

    http://bit.ly/hXMSfphttp://bit.ly/fHZp9Vhttp://bit.ly/bXhpfBhttp://bit.ly/hXMSfphttp://bit.ly/fHZp9Vhttp://bit.ly/bXhpfB
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    Du

    tchEerste

    Kamer

    Opinions are:

    drafted by the sector-

    specific committees

    always adopted by the

    plenary

    Opinions are:

    in the form of a single letter

    signed by the President of

    the Eerste Kamer

    sometimes transmitted as a

    joint letter with the TweedeKamer

    Procedural rules for the ESOCommittee: http://bit.ly/daBk2v

    EstonianParliament Opinions are:

    drafted by the EuropeanUnion Affairs Committee

    always adopted by the

    plenary

    Opinions are:

    in the form of a resolution accompanied by a cover

    letter signed by theSpeaker

    Rules of Procedure Chapter 181 1526

    http://bit.ly/fgmEs6

    Finn

    ishParliament

    Opinions are:

    drafted by the Grand

    Committee

    always adopted by the

    plenary

    Opinions are:

    in the form of a resolution

    accompanied by the

    Committee report

    also accompanied by a

    cover letter

    signed by the Speaker and

    countersigned by theSecretary General (or theirrespective deputies)

    Rules of Procedure of the GrandCommittee Art 18a

    Rules of Procedure of the FinnishParliament Art 30: http://bit.ly/hTA5LJ

    7

    http://bit.ly/daBk2vhttp://bit.ly/fgmEs6http://bit.ly/hTA5LJhttp://bit.ly/daBk2vhttp://bit.ly/fgmEs6http://bit.ly/hTA5LJ
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    F

    renc

    h

    As

    sembly

    Opinions are:

    drafted by the European

    Affairs Committee, butany Assembly memberhas the right to proposean opinion

    rejected, accepted or

    amended by the sector-

    specific committeewithin 15 days afterreceiving the draft

    sometimes adopted by

    the plenary (if requestedby the Conference ofPresidents)

    Opinions are:

    transmitted by the

    President of the Assembly

    Assembly Rules of Procedure (Article151-1 -151-12): http://bit.ly/8XVmzi (inFrench)

    F

    renc

    h

    S

    enate

    Opinions are:

    proposed by the

    European AffairsCommittee or by anySenator

    drafted by the European

    Affairs Committee, thenadopted by the sector-

    specific committee sometimes debated and

    adopted by the plenaryat any stage (ifrequested by aPresident of a politicalgroup)

    Opinions are:

    accompanied by a cover

    letter

    accompanied by the

    committee report on themeeting on the proposal

    signed by the Chair of the

    European Affairs

    Committee

    Senate Rules of Procedure (Chapter4bis, article 73): http://bit.ly/d2PtLx(inFrench)

    8

    http://bit.ly/8XVmzihttp://bit.ly/d2PtLxhttp://bit.ly/d2PtLxhttp://bit.ly/8XVmzihttp://bit.ly/d2PtLx
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    Germ

    an

    Bundesta

    g

    Opinions are:

    usually drafted by the

    sector-specificcommittee, the EU

    Affairs Committee shallbe given opportunity tostate its opinion

    may be drafted by the

    EU Affairs Committee, ifthe proposal deals withaccession, Treatychanges or generalquestions of Europeanintegration

    usually adopted by the

    plenary

    in exceptional

    circumstances adoptedby the EU AffairsCommittee, if authorisedby the plenary

    Opinions are:

    in the form of a detailed

    letter which outlines themain points of theresolution

    accompanied by the report

    of the sector-specificcommittee

    also accompanied by asingle-sheet cover letter

    signed by the President of

    the Bundestag

    Responsibility for Integration Act (legalbasis of the Bundestag's subsidiaritycheck powers, Sections 11 & 12):http://bit.ly/eDnKLe

    Rules of Procedure of the GermanBundestag (Rule 93a par. 1):http://bit.ly/f0oSLC

    9

    http://bit.ly/eDnKLehttp://bit.ly/f0oSLChttp://bit.ly/eDnKLehttp://bit.ly/f0oSLC
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    German

    Bundesrat

    Opinions are:

    drafted by the sector-

    specific committee

    subsequently debated

    and voted on by the EUAffairs Committee

    usually adopted by the

    plenary

    in exceptionalcircumstances adoptedby the EU AffairsCommittee,(e.g.urgentor confidential cases)

    Opinions are:

    in the form of a resolution

    accompanied by a cover

    letter

    signed by the Bundesrat

    President

    Responsibility for Integration Act (legalbasis of the Bundesrat's subsidiaritycheck powers, Sections 11 & 12):http://bit.ly/eDnKLe

    GreekParliament

    Opinions are:

    drafted and adopted by

    the sector-specificcommitteeand theSpecial StandingCommittee for European

    Affairs in a joint sitting

    Opinions are:

    in the form of a report

    Hungaria

    n

    Parl

    iamen

    t

    Opinions are: drafted by the

    Committee on EuropeanAffairs

    always adopted by the

    plenary

    Opinions are: in the form of a

    resolution.

    Standing Orders of the HungarianNational Assembly (Article 134/D on theenforcement of the principle ofsubsidiarity)http://bit.ly/gobo60

    10

    http://bit.ly/eDnKLehttp://bit.ly/gobo60http://bit.ly/eDnKLehttp://bit.ly/gobo60
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    IrishDil

    Opinions are:

    drafted by the Joint

    Committee on EuropeanScrutiny (in consultationwith the Joint Committeeon European Affairs andother sector-specificcommittees)

    always adopted by thePlenary

    Opinions are:

    in the form of a report

    transmitted by the Speaker

    of the House (CeannComhairle)

    accompanied by the text of

    the motion

    Membership of theJoint Committee onEuropean Scrutiny isdrawn from the Diland Senate. Anyreasoned opinionadopted by thecommittee isconsideredseparately by bothchambers.

    Orders of Reference (Rules ofProcedure) for the Joint Committee:http://bit.ly/aHwnlBThe rules concerning reasoned opinionsare interim arrangements and are set tobe formalised in due course.

    Irish

    Senate

    Opinions are:

    drafted by the Joint

    Committee on EuropeanScrutiny (in consultationwith the Joint Committeeon European Affairs andother sector-specificcommittees)

    always adopted by the

    Plenary

    Opinions are:

    in the form of a report

    transmitted by the Speaker

    of the House(Cathaoirleach)

    accompanied by the text of

    the motion

    Membership of theJoint Committee onEuropean Scrutiny isdrawn from the Diland Senate. Anyreasoned opinionadopted by thecommittee isconsideredseparately by bothchambers.

    Orders of Reference (Rules ofProcedure) for the Joint Committee:http://bit.ly/aHwnlBThe rules concerning reasoned opinionsare interim arrangements and are set tobe formalised in due course.

    11

    http://bit.ly/aHwnlBhttp://bit.ly/aHwnlBhttp://bit.ly/aHwnlBhttp://bit.ly/aHwnlB
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    ItalianChamber

    Opinions are:

    drafted and adopted by

    the EU PoliciesCommittee

    sometimes adopted by

    the plenary (if requestedby the Government, afifth of the members of

    the EU PoliciesCommittee or by a tenthof the members of theChamber)

    Opinions are:

    in the form of a report

    accompanied by a cover

    letter signed by theSpeaker of the Chamber

    Committee on the Rules of Procedures- Opinion of 6 October 2009http://bit.ly/m02shF (In Italian)

    Committee on the Rules of Procedures- Opinion of14 July 2010http://bit.ly/mTGl9i (In Italian)

    ItalianSenate

    Opinions are:

    drafted both by the

    sector-specificcommitteeand/or by theEU Policies Committee;in case the former doesnot issue any opinion,the latter can still do so

    sometimes adopted by

    the plenary ( ifrequested by the

    Governement or onethird of the committee )

    Opinions are:

    in the form of a report by

    the sector-specificcommittee and/or by theEU Policies Committee

    accompanied by a cover

    letter signed by theSpeaker of the Senate

    Rules of the Senate Art. 144, 5:http://bit.ly/gACk6a

    12

    http://nuovo.camera.it/593?conoscerelacamera=236http://nuovo.camera.it/593?conoscerelacamera=236http://bit.ly/m02shFhttp://nuovo.camera.it/593?conoscerelacamera=241http://nuovo.camera.it/593?conoscerelacamera=241http://nuovo.camera.it/593?conoscerelacamera=241http://bit.ly/mTGl9ihttp://bit.ly/gACk6ahttp://nuovo.camera.it/593?conoscerelacamera=236http://nuovo.camera.it/593?conoscerelacamera=236http://bit.ly/m02shFhttp://nuovo.camera.it/593?conoscerelacamera=241http://nuovo.camera.it/593?conoscerelacamera=241http://bit.ly/mTGl9ihttp://bit.ly/gACk6a
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    Latvian

    Parl

    iamen

    t

    Opinions are:

    drafted and adopted by

    the European AffairsCommittee,

    European Affairs

    Committee mightrequest the sector-

    specific committees toprovide opinion

    Opinions are:

    in the form of an opinion

    accompanied by a cover

    letter

    signed by the Chair of the

    European AffairsCommittee

    Rules of Procedure Title VII.

    http://bit.ly/hwrcEu

    Lithuanian

    Parl

    iamen

    t

    Opinions are:

    drafted by the

    Committee on EuropeanAffairs or Committee onForeign Affairs based onthe following:

    - conclusions of a sector-specific committee;- an opinion of theGovernment;

    possiblydeliberated in a

    joint meeting with the

    sector-specificcommittee

    always approved by a

    plenary statement

    Opinions are:

    in the form of an extract

    from the relevant report ofthe European AffairsCommittee or theCommittee on Foreign

    Affairs

    accompanied by a cover

    letter signed by the Chair ofthe European AffairsCommittee

    also accompanied by a

    plenary statement

    Proposedamendments to theStatute (Rules ofProcedure)concerningparliamentaryscrutiny ofsubsidiarity havebeen submitted tothe plenary by aninter-institutionalworking group.

    Parliament Rules of Procedures (Article180(6) discusses subsidiarity checks):http://bit.ly/gXMfEy

    13

    http://bit.ly/hwrcEuhttp://bit.ly/gXMfEyhttp://bit.ly/hwrcEuhttp://bit.ly/gXMfEy
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    Luxembourg

    Parliament

    Opinions are:

    drafted by the sector-

    specific committee; maybe drafted at the requestof a political group, agroup of non-attachedmembers, or other non-attached members

    usually adopted by theplenary (by simplemajority)

    sometimes adopted by a

    simple majority of theConference ofPresidents, in case the 8week deadline does notallow time for a plenaryvote

    Opinions are:

    in the form of a resolution

    signed by the President of

    the Chamber andcountersigned by theSecretary General

    sent by email from Rita

    Brors ([email protected]) from

    the Service des Relationsinternationales

    Rules of Procedure (Chapter 16discusses subsidiarity check)http://bit.ly/g7oAfD (in French)

    Maltese

    Parliament

    Specific rulesconcerningsubsidiarity check willbe decided in thenear future.

    14

    mailto:[email protected]://bit.ly/g7oAfDmailto:[email protected]://bit.ly/g7oAfD
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    PolishSejm

    Opinions are:

    submitted by the EU

    Affairs Committee or bya group of 15 members

    voted in first reading by

    the EU AffairsCommittee

    always adopted by the

    plenary (noamendments areallowed at this stage)

    Opinions are:

    in the form of a resolution

    with a detailed statement

    accompanied by a cover

    letter

    signed by the Sejm

    Marshal (the Speaker ofthe House)

    sent by email

    Resolution of the Sejm of Republic ofPoland of 25th February 2011containing changes in the Rules ofProcedure (see Art. 148cc) (in Polish):

    http://bit.ly/hWOOgd

    PolishSenate

    Opinions are:

    drafted by the EU Affairs

    Committee and/or asector-specificcommittee

    always debated and

    voted on by the plenary

    Opinions are:

    in the form of a detailed

    statement

    accompanied by a cover

    letter signed by theSpeaker of the PolishSenate sent by email andpost

    Rules and Regulations of the Senate,Observing the Principle of Subsidiarity,

    Art. 75d and Art. 75e:http://bit.ly/h0z1hg

    15

    http://orka.sejm.gov.pl/proc6.nsf/uchwaly/3761_u.htmhttp://orka.sejm.gov.pl/proc6.nsf/uchwaly/3761_u.htmhttp://orka.sejm.gov.pl/proc6.nsf/uchwaly/3761_u.htmhttp://orka.sejm.gov.pl/proc6.nsf/uchwaly/3761_u.htmhttp://bit.ly/hWOOgdhttp://bit.ly/h0z1hghttp://orka.sejm.gov.pl/proc6.nsf/uchwaly/3761_u.htmhttp://orka.sejm.gov.pl/proc6.nsf/uchwaly/3761_u.htmhttp://orka.sejm.gov.pl/proc6.nsf/uchwaly/3761_u.htmhttp://bit.ly/hWOOgdhttp://bit.ly/h0z1hg
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    Portu

    gueseParliament

    Opinions are:

    drafted by the European

    Affairs Committee, inconsultationwiththesector-specificcommittee

    usually adopted by the

    plenary,butin case of

    urgency, it is adoptedonly by the European

    Affairs Committee

    Opinions are:

    in the form of a report from

    the European AffairsCommittee

    usually accompanied by

    the report of the sector-specific committee

    accompanied by a cover

    letter signed by theSpeaker of the Assembly ofthe Republic

    Law no.43/2006, dated 25 August 2006Monitoring, assessment andpronouncement by the Assembly of theRepublic within the scope of theprocess of constructing the EuropeanUnion: http://bit.ly/g6mye5

    RomanianChamber

    Opinions are:

    drafted by the sector-

    specific committee

    finalised by the

    European AffairsCommittee

    endorsed by the

    Standing Bureau andmay be referred to thePlenary for a vote

    The decision of theChamber to establishthe mechanism ofsubsidiarity checkhasn't beenimplemented into theRules of Procedure.

    16

    http://bit.ly/g6mye5http://bit.ly/g6mye5
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    RomanianSenate

    In October 2010 theRomanian Senatevoted its own Rulesof Procedureconcerning thesubsidiarity andproportionalitycontrol. The StandingBureau decided on 1March 2011 to set upan own Committeeon European Affairs,splitting the activity ofthe Senate from theChamber ofDeputies. TheCommittee onEuropean Affairs willbe approved in thenear future by theSenate together withthe Rules ofProcedure taking intoaccount the newsituation.

    17

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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    SlovakianParlia

    ment

    Opinions are:

    drafted by the European

    Affairs Committee, whomay consult a sector-specific committee

    The specificprocedure forsubsidiarity checksare due to beelaborated as part ofthe amendment ofthe Constitutional ActNo. 397/2004 Coll.on cooperationbetween theParliament andGovernmentconcerning theEuropean Union andthe amendment ofthe Rules ofProcedure are on theagenda (1st reading)of the upcomingplenary session (1February 2011)

    18

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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    Slovenian

    Na

    tion

    al

    Assembly

    Opinions are:

    drafted by the sector-

    specific committee

    adopted by the EU

    Affairs Committee orthe Committee onForeign Affairs

    sometimes adopted

    by a majority in thePlenary if deemednecessary by the EU

    Affairs Committee orthe Committee onForeign Affairs

    Opinions are:

    in the form of a report

    from the Committee ora resolution of thePlenary

    accompanied by a

    cover letter signed bythe Speaker of the

    parliament

    Changes to theRules of Proceduresconcerningsubsidiarity checkswere adopted at theplenary session inDecember andpublished in theOfficial Journal on24.12.2010.

    Adopted amendments to the Rules ofProcedure:http://bit.ly/ecvaRs (in Slovenian)

    Sloven

    ian

    Na

    tiona

    l

    Council

    Opinions are:

    drafted by the EU Affairs

    Committee inconsultation with asector-specificcommittee

    adopted by the plenary

    Opinions are:

    in the form of a report

    accompanied by a cover

    letter signed by theSpeaker of the parliament

    The specificprocedures forsubsidiarity checkshave not yet beenadopted.

    19

    http://bit.ly/ecvaRshttp://bit.ly/ecvaRs
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    SpanishCong

    ressandSenate

    Opinions are:

    drafted and adopted by

    the Cortes Generales'Joint Committee for theEuropean Union, but twoParliamentary Groups ora fifth of the members ofthe Joint Committee

    may also table anopinion to the JointCommittee

    sometimes debated and

    voted in both Plenaries,if either of the Chambersdecide to recall the finalvote

    Opinions are:

    in the form of a report

    accompanied by a cover

    letter signed by theSpeaker of the Congress

    Act 8/1994 of 19May, as amended by

    Act 24/2009 of 22December and Act38/2010 of 20December, regulates,according to theLisbon Treaty, thenew powers of theJoint Congress ofDeputies - SenateCommittee, calledthe Joint Committeefor the EuropeanUnion

    Act 8/1994 of 19 May as amended byAct 24/2009 of 22 December and Act38/2010 of 20 Decemberhttp://bit.ly/h9JqNL (in Spanish)

    Swedish

    Pa

    rliament

    Opinions are:

    drafted by the sector-

    specific committee

    always adopted by the

    plenary

    Opinions are:

    in the form of a report

    accompanied by a cover

    letter

    signed by the Speaker of

    the Parliament and theSecretary General

    The reasonedopinion is annexed tothe committeestatement.

    Chapter 10 of The Riksdag Act (legalbasis for conduct of EU business,

    Article 6 deals with subsidiarity checks):http://bit.ly/fkKfax

    20

    http://bit.ly/h9JqNLhttp://bit.ly/fkKfaxhttp://bit.ly/h9JqNLhttp://bit.ly/fkKfax
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    NationalParliament

    Procedure for adoption Procedure for transmission CommentsLinks to relevant rules of

    procedure/related documents

    UKHouseof

    Commons

    Opinions are:

    drafted by the European

    Scrutiny Committee

    always adopted by a

    majority vote in theplenary

    Opinions are:

    in the form of a report

    accompanied by a letter

    quoting the plenary motion

    signed by the House Clerk

    (Secretary-General)

    Standing Orders of the House ofCommons (Rule 143 deals with theEuropean Scrutiny Committee but nospecific formal rule on subsidiarity):http://bit.ly/cCN7CO

    UKHouseofLords

    Opinions are:

    drafted by the EUCommittee, but can alsobe drafted by individualmembers of the House

    always debated and

    voted on in the plenary

    Opinions are:

    in the form of a report always translated into

    French

    accompanied by a letter

    quoting the plenary motion

    signed by the House Clerk

    (Secretary-General)

    EU Committee's webpage on

    subsidiarity, including outline ofprocedure: http://bit.ly/anFCB3

    21

    http://bit.ly/cCN7COhttp://bit.ly/anFCB3http://bit.ly/cCN7COhttp://bit.ly/anFCB3
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    i The Federal Advisory Committee on European Affairs is composed of 30 members: 10 members of the Belgian

    Senate, 10 members of the Belgian Chamber and 10 Belgian MEPs.