Act 8/1994, of May 19, regulating the Joint Committee for the European Union.

Consolidated text incorporating amendments introduced by Law 24/2009 of 22 December, amending Law 8/1994 of 19 May, regulating the Joint Committee for the European Union, adapting it to the Treaty of Lisbon of 13 December 2007, and by Law 38/2010 of 20 December, amending Law 8/1994, regulating the Joint Committee for the European Union, to reinforce the functions assigned to said Joint Committee.

JUAN CARLOS I

KING OF SPAIN

Announce, to all those who may have knowledge of this.

That the Cortes Generales have adopted and I have sanctioned the following Act:

PREAMBLE 

The entry into force of the Treaty on the European Union on November 1, 1993, represents an important step forward in the construction of the European project. 

Spain, which is part of the European Union as a member with full rights, has been clearly showing for quite some time now its European vocation. Indeed, it has modified its Constitution, with the unanimous agreement of all Political Groups present in the Chambers, in order to adjust it to the requirements arising from the commitments aimed at reinforcing the great European project.

With a view to a growingly closer union among European peoples, it is particularly important to reinforce the involvement of national Parliaments in this process, being this point mentioned in the Treaty on the European Union, where it is laid down that "the Governments of Member States shall ensure, among other aspects, that the Commission's legislative proposals are made available to national parliaments in good time for information or possible examination".

This new framework makes it necessary to develop article 93 of the Constitution, which lays down that "it is incumbent on the Cortes Generales or the Government, as the case may be, to ensure compliance with these treaties and with resolutions originating in the international and supranational organisations to which such powers have been so transferred".

From an internal perspective, this situation had been regulated so far by Act 47/1985, of December 27, Act of Basic Principles of Delegation to the Government for the Enforcement of European Communities Law (modified in its article 5 by Act 18/1988, of July 1), particularly through its provisions concerning the Joint Committee for the European Union. The natural evolution of its content has made this Act obsolete, making it advisable to replace it. It is necessary to adjust this Joint Committee to the consequences of the entry into force of the Treaty on the European Union in force for Spain. 

For this reason, the Cortes Generales must have full access to all legislative proposals drafted by the European Commission. This requirement was subject to discussion and obtained the support of the great majority of Parliamentary Groups on occasion of the parliamentary authorisation for the ratification of the Treaty. 

This duty of information of the Government is thus generalised and increased, since, until now, it was limited to EU legislative proposals which could affect Spain only as regards matters which are to be regulated only by an act. 

Chapter I

General Provisions

Article 1.

A Joint Committee of the Congress of Deputies and of the Senate is hereby set up, named Joint Committee for the European Union, so that the Cortes Generales can adequately participate in the legislative proposals drafted by the European Commission and, in general, obtain all the available information on the activities of the European Union. 

Article 2.

The Joint Committee for the European Union shall be made up of the number of members of the Congress of Deputies and of the Senate fixed by the Bureaus of the Chambers in a Joint sitting at the beginning of each legislative term, guaranteeing in any case the presence of all Parliamentary Groups. Their members shall be designated by the Parliamentary Groups in a proportionate manner as to their numerical relevance in the Chambers. 

The names of the members shall be conveyed within the 15 days following the setting up of the Chambers in each Legislative Term. Once this deadline has ended, the Speaker of the Congress of Deputies shall convene the Committee with a view to its setting up. 

The Committee shall be chaired by the Speaker of the Congress of Deputies or the Member of Congress or of the Senate on whom the Speaker shall delegate this duty on a permanent basis. 

In order to be valid, the agreements will have to be adopted by a simple majority of the members present in the Committee. 

Article 3.

In order to accomplish its duties, the Joint Committee for the European Union shall have the following competences: 

a) Know, once published, the legislative decrees promulgated as a result of the enforcement of EU derived law. 

b) Receive from the European Commission and other EU institutions, the legislative proposals and other documents for its information, consideration and follow-up. 

The Government, in a timely fashion, and pending a final asessment, shall convey to the Chambers a brief report on the substantial content of those legislative proposals affecting Spain. 

When the Joint Committee considers it appropriate, it shall request from the Government a more detailed report. 

c) Hold debates in the Committee on specific legislative proposals and request, if it considers it appropriate, the Speaker of any of the Chambers to convene a debate on the Plenary with the same purpose, with the Government's participation in both cases.  

The Committee shall be entitled to request, through the Bureau of the Congress of Deputies that one or several committees of both Chambers inform previously on a given matter. 

Once the legislative proposal or initiative has been approved by the Council of Ministers of the European Union, the Joint Committee shall be entitled to request a hearing with the Government to inform on the procedure and results. 

d) Receive from the Government the information in its possession on the activities of EU institutions. 

e) Be informed by the Government on the guidelines inspiring its policy in the European Union as well as on the decisions and agreements of the Council of Ministers of the European Union. 

To such end, the Government shall convey the Chambers, before each ordinary European Council, a report on the evolution of the situation within the European Union during the Presidency concluding in such Council. 

f) Draft reports on those matters concerning the activity of the European Union which might be of interest, among them those mentioned in paragraph b).

g) Set up cooperation relations with the relevant bodies of the other EU Member States parliaments and of the European Parliament. 

h) Hold joint meetings with the Spanish MPs in the European Parliament. 

i) Establish cooperation and exchange information relations with existing Committees in other EU Member States national  parliaments with competences similar to those of the Joint Committee, as well as with the relevant Committees of the European Union. 

To this end, mutual facilities shall be granted and when needed regular meetings of MPs interested in these matters shall be held, with the relevant approval of the Bureaus of the Chambers in accordance with their respective Standing Orders. 

j) Issue, on behalf of the Cortes Generales, and in conformity with the applicable European provisions, a reasoned opinion on the compliance with the principle of subsidiarity, as laid down in Chapter II of this Act. 

Whenever it is necessary for its debates, the Joint Committee shall be entitled to request the Government a report concerning the compliance of the principle of subsidiarity by the legislative act; the Government shall have a deadline of two weeks to convey such report, which shall be accompanied by the official documents of the EU bodies used in the drafting of the legislative proposal in possession of the Government. 

Whenever the Joint Committee considers it appropriate, it shall be entitled to request the Government more detailed information. 

k) Request the Government the lodging of an appeal for annulment before the Court of Justice of the European Union on the grounds of infringement of the principle of subsidiarity, in accordance with article 7 of this Act. 

l) Take part in the simplified review procedures of the Treaties laid down in Article 48 (7) of the Treaty on the European Union, as established in Article 8 of this Act. 

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

n) Take part in the activities of Eurojust and Europol, according to the provisions laid down in Articles 12 of the Treaty on the European Union and 85 and 88 of the Treaty on the Functioning of the European Union, and adopt decisions envisaged in Article 81 (3) of the Treaty on the Functioning of the European Union concerning aspects of Family Law with cross border implications. 

Article 4.

The Government shall appear before the Plenary of the Congress of Deputies after each European Council, whether ordinary or extraordinary, to inform on the decisions adopted in such Council and hold a debate with Parliamentary Groups. 

Chapter II

Oversight by the Cortes Generales of the compliance with the principle of subsidiarity by European Union legislative proposals 

Article 5.

1. The Joint Committee for the European Union of the Cortes Generales, according to its ruling provisions, shall be entitled to adopt on behalf of the Cortes Generales a reasoned opinion on the compliance of the principle of subsidiarity by the legislative proposals of the European Union.

2. Without detriment to the previous paragraph, the Plenaries of the Congress of Deputies and of the Senate shall be entitled to recall the debate and voting of the opinion drafted by the Joint Committee for the European Union in accordance with the provisions laid down in the respective Standing Orders of the Chambers. Should any of the Plenaries of the Chambers reserve for its adoption the reasoned opinion, the Joint Committee for the European Union shall submit its draft reasoned opinion to the Plenaries of both Chambers. 

3. Reasoned opinions adopted by the Joint Committee or by the Plenaries of the Chambers shall be conveyed through the Speakers of the Congress of Deputies and of the Senate to the Speaker of the European Parliament, to the President of the Council and to that of the European Commission, within a deadline of eight weeks as from the reception of the European legislative proposal by the Chambers. Likewise, they shall be conveyed to the Government for its information.  

Article 6.

1. Upon the reception of a legislative proposal of the European Union, the Congress of Deputies and the Senate shall convey such proposal to the Parliaments of the Autonomous Regions, without prejudging the existence of affected regional competences, for their information and so that they can, where necessary, convey the Cortes Generales a reasoned opinion on the compliance of the principle of subsidiarity by the said initiative, always in accordance with European provisions applicable in this field. 

2. To be considered, the reasoned opinion eventually adopted by the Parliament of an Autonomous Region, must have been received by the Congress of Deputies or by the Senate not later than four weeks after the Cortes Generales conveyed the European legislative initiative.  

3. Should the Joint Committee adopt a reasoned opinion on the non compliance with the principle of subsidiarity by a draft legislative act of the European Union, it shall incorporate the list of opinions conveyed by the Parliaments of the Autonomous Regions and the necessary references for their consultation. 

Article 7.

1. Should the Cortes Generales take part in the lodging of an appeal for annulment before the Court of Justice of the European Union on the grounds of the infringement of the principle of subsidiarity, envisaged in the Protocol on the Application of the Principles of Subsidiarity and Proportionality annexed to the Treaty of Lisbon, it will do so in accordance with this article. 

2. Not later than six weeks after the official publication of a European legislative act, the Joint Committee for the European Union shall request from the Government the lodging before the Court of Justice of an appeal for annulment on the grounds of infringement of the principle of subsidiarity. 

3. The Government may dismiss, on a grounded basis, the lodging of an appeal for annulment requested by any of the Chambers or by the Joint Committee for the European Union. Such decision shall be justified in a hearing of the Government before the Joint Committee for the European Union if the latter so requests. 

Chapter III

Regulation of regular appearances of the Government before the Joint Committee for the European Union 

Article 8.

Considering the calendar of biannual meetings of the Council of the European Union, the Bureau of the Joint Committee for the European Union shall decide which members of the Government, Ministers or high officials shall appear before the said Committee prior to the meeting of the Council, so that they can convey the position of the Government regarding the matters included in the agenda of the Council meeting. 

Article 9.

At the end of each biannual presidency of the Council of the European Union, the Minister of Foreign Affairs and Cooperation, or the Secretary of State for the European Union, shall appear before the Joint Committee for the European Union to brief on the progresses made during that Presidency.

Chapter IV

Regulation of the participation and hearings of Autonomous Regions' Governments before the Joint Committee for the European Union  

Article 10.

1. The members of the Governments of the Autonomous Regions and the Autonomous Towns of Ceuta and Melilla - President or relevant members of the executive council - may request to appear before the Joint Committee for the European Union to inform on the impact of EU institutions provisions and of draft legislative acts as well as of other documents stemming from EU institutions, in accordance with article 3 (b) of this Act, on those matters regarding which they have competences. 

2. The hearings mentioned in paragraph 1 of this article shall be convened by the Joint Committee for the European Union or at the request of parliamentary groups. 

Chapter III

Other special procedures

Article 8.

The opposition by the Cortes Generales to the initiatives adopted by the European Council authorising the Council to act by qualified majority instead of unanimously or to adopt legislative acts under the ordinary legislative procedure instead of a special one, in exercise of the powers provided for in Article 48 (7) of the Treaty on the European Union, shall pertain to the Plenaries of the Congress of Deputies and the Senate, acting on a proposal from the Joint Committee for the European Union. 

2. Should the Plenaries of the Cortes Generales and the Senate ratify the proposal of opposition to the initiative adopted by the European Council, the said decisión shall be considered in accordance with the terms to be laid down in the regulations and shall be conveyed to the Government for its information. 

3. The same procedure shall apply to the opposition by the Cortes Generales to the decisions of the Council concerning the determination of aspects of family law with cross-border implications which may be subject to acts adopted by the ordinary legislative procedure pursuant to article 81 (3) of the Treaty on the Functioning of the European Union. 

Article 9

The involvement of the Cortes Generales in the assessment of the activities of Eurojust and in the political oversight of Europol shall be conducted, on a general basis, through the Joint Committee for the European Union and, where necessary, with the involvement of the relevant legislative Committees competent in each Chamber. 

First additional provision.

The Council of State shall be consulted as to the provisions adopted as a result of the enforcement, observance and development of EU community law, in accordance with the provisions laid down in its Organic Act. 

Second additional provision.

The current Joint Committee for European Communities, regulated by Act 47/1985 of December 27, and modified by Act 18/1988 of July 1, shall become the Joint Committee for the European Union, with the competences and powers established in this Act.  

The Bureaus of both Chambers shall adopt the necessary measures to enforce this provision. 

Sole repealing provision.

Acts 47/1985, of December 27, on the Basis for the Delegation to the Government for the Enforcement of European Communities Law and 18/1988, of July 1, amending article 5 of Act 47/1985, of December 27, are hereby repealed. 

Sole final provision.

The Standing Orders of the Congress of Deputies shall be applicable to all those matters not envisaged by this Act. 

Therefore,

I order all Spaniards, whether individuals or authorities, to abide by this Act and ensure that it is observed. 

Madrid, May 19, 1994. 

JUAN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MÁRQUEZ