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rescys21091995
Resolution by the Bureaux of the Congress of Deputies and the Senate, of September 21, 1995, developing Act 8/1994, of May 19, regulating the Joint Committee for the European Union As a result of the entry into force of the Treaty on the European Union, Act 89/1994, of May 19, "regulating the Joint Committee for the European Union" has repealed the provisions priorly in force, regulating the then known as "Committee for the European Communities", setting up a new Committee with different competences and powers. Pursuant to the Additional Second Provision of the said Act, it falls upon the Bureaux of both Chambers to adopt the necessary measure to set up the new Committee. To this end, the Bureaus, in their joint meeting of November 28, 1994, adopted an "Agreement on the provisional development of the Act" according to which the Committee has been conducting its work. Once the said procedures have been verified and the proposals made by the parliamentary groups considered, the Bureaux have resolved to make the provisional final, adopting, in their joint meeting of September 21, 1995, the following RESOLUTION First 1. Once the Joint Committee for the European Union has received a legislative proposal by the European Commission, conveyed in accordance with the terms of article 3 (b) of Act 8/1994, any parliamentary group may request to hold a debate on the said proposal within the Committee or, where necessary, request from the Government a more detailed report. 2. Once the Committee, or the Bureau of the Committee by delegation, has agreed to hold a debate as mentioned in the previous paragraph, this debate shall be conducted as follows: once a member of the government has presented the substantive content of the proposal and its repercussion on the Spanish legal framework, parliamentary groups shall have ten minutes to express their views, starting with the group/s having requested to hold the debate. Once the Government's representative has replied to the clarifications or remarks required by parliamentary groups, the latter may take the floor for a second turn of reply or clarification, for no more than five minutes, with the Government having to reply to the questions posed in this second turn. 3. Once the debate laid down in the previous paragraph has been held, parliamentary groups shall have two days to table draft resolutions, which shall be admitted by the Bureau of the Committee provided that they are coherent with the matter being discussed. The said proposals shall be examined and voted by the Committee, which shall be convened to this end within a maximum deadline of ten days. On occasion of this debate, admitted proposals may be defended for a maximum of ten minutes, with an eventual turn against for the said time. Second 1. Among the proposals made by the groups and voted within the Committee pursuant to the terms of paragraph three of the previous section, there might be the request to hold a debate in the Plenary or the drafting of a report by the Committee. 2. Should the Committee decide to request the Speaker of any of the Chambers to hold a debate in the Plenary of the Congress of Deputies or the Senate, with a view to examining a specific legislative proposal of the European Union, the said debate shall be included in the agenda of a plenary session of the relevant Chamber, pursuant to the rules laid down in its respective Standing Orders as regards the drafting of the agenda. 3. Should the Committee have agreed to draft a report on the matter, a Reporting Subcommittee shall be set up, entrusted with drafting a draft report that might be subject to amendments and particular votes by the members of the Committee, which shall be discussed and voted within the Committee, together with the text drafted by the Reporting Subcommittee. 4. Should the Committee, on an exceptional basis, consider it advisable that the debate in the Plenary envisaged in the second paragraph, includes the consideration of the report mentioned in paragraph three, the proposal shall be submitted to the Bureau of the Chamber in whose Plenary the debate has been proposed, and the said Bureau shall adopt a decision in agreement with the respective Board of Spokespersons. Third Should the Joint Committee, pursuant to the second paragraph of letter c) of article 3.o of Act 8/1994, resolve that another or other Committees of both Chamber inform on a given matter related to a specific legislative proposal of the European Commission, the Bureau of the relevant Chambers shall adopt the necessary measures for the said report to be drafted within the relevant deadline and according to the most adequate procedure for the Joint Committee to be able to discuss and, where the case may be, adopt a decision on the relevant matter. Fourth 1. Should the Council of Ministers of the European Union approve a legislative proposal which has been considered by the Cortes Generales following any of the procedures envisaged in this Resolution, any parliamentary group may request that the Committee convenes a hearing with the Government to brief on the consideration of the proposal and the repercussion of its final text. 2. The hearing laid down in this section shall be conducted as follows: oral presentation by the Government, followed by an intervention by the representatives of each parliamentary group for a maximum of ten minutes to fix their position, pose questions or make remarks, to which the Government shall reply without further vote. This turn shall be initiated, where the case may be, by the representative of the parliamentary group authoring the initiative. Fifth 1. Pursuant to the terms of article 3, sections d) and e), of Act 8/1994, any parliamentary group may request to hold a debate within the Committee on the activities of the European Union institutions, the guidelines of the Government's EU policy, or the decisions and agreements of the Council of Ministers of the European Union not included in previous paragraphs. 2. Once the debate referred to in the previous paragraph has been agreed by the Committee or, by delegation from the Committee, by the Bureau of the Committee, it shall be held in accordance with the procedure laid down in the second paragraph of the first section of this resolution. Sixth The Joint Committee shall draft the remaining reports mentioned in letter f) of article 3.o of Act 8/1994, in accordance with the terms of paragraph three, section two, of this Resolution. Seventh. Follow-up to EU initiatives [Section drafted in accordance with the Resolution of the Bureaux of the Congress of Deputies and the Senate, May 27, 2010. («B. O. C. G.», Cortes Generales, Serie A, núm. 312, de 08 de junio de 2010.)] 1. The Bureau and the Spokespersons of the Joint Committee for the European Union shall conduct a standing follow-up to the European legislative initiatives, as well as to other documents and initiatives of the European Union that they may consider of particular relevance. Decisions shall be adopted on the basis of the weighted voting criterion of the members of each parliamentary group in the Joint Committee. 2. The Bureau and the Spokespersons of the Joint Committee for the European Union shall meet on a regular basis, at least twice a month during sitting periods, in order to know the legislative initiatives and other documents drafted by EU institutions, the reports conveyed by the Government regarding the said initiatives and the opinions which might be adopted by the parliaments of the Autonomous Regions. Outside sitting periods, they may meet in case an extraordinary session has been agreed pursuant to article 73 (2) of the Constitution, and to this end they may urge the competent bodies to adopt such an agreement. 3. The Bureau and the Spokespersons of the Joint Committee for the European Union shall conduct a preliminary examination of the draft legislative acts conveyed by the Union institutions. In the exercise of the power conferred by article 3.j) of Act 8/1994, as amended by Act 24/2009, they may request that the Government, as soon as possible and in any case within a maximum period of two weeks, submit a brief report on the substantive content of the European initiative, including the necessary details to assess the compliance with the principle of subsidiarity pursuant to EU law. They may request that the report be accompanied by the official documents of European Union bodies used for drafting the bill and in the possession of the Government. Eigth. Procedure for drafting reasoned opinions on European Union initiatives. [Section drafted in accordance with the Resolution of the Bureaux of the Congress of Deputies and the Senate, of May 27, 2010. («B. O. C. G.», Cortes Generales, Serie A, núm. 312, de 08 de junio de 2010.)] 1. The power to initiate the procedure to draft a reasoned opinion on European Union initiatives shall lie with the Bureau and the Spokespersons of the Joint Committee for the European Union, two parliamentary groups or one fifth of the members of the Joint Committee, within four weeks since the reception of the initiative. Should the initiative come from the Bureau and the Spokespersons of the Joint Committee for the European Union, the said Bureau shall designate a reporting subcommittee entrusted with drawing up a draft opinion within the agreed deadline. In the rest of cases, the request shall be accompanied by the relevant draft reasoned opinion. 2. The initiative may be accompanied by the urgent request for a Government representative or other authority or civil servant to explain the Government criterion or any other aspect of the European proposal. The said request must be approved by the Bureau of the Joint Committee for the European Union, which will decide if the hearing is to be held before the Joint Committee or before the Reporting Subcommittee set up for this matter. 3. Upon the reception of a legislative initiative of the European Union, the Joint Committee for the European Union, pursuant to article 6 of Act 8/1994, as amended by Act 24/2009, shall convey it 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. 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. 4. Once a draft reasoned opinion has been submitted, it shall be immediately distributed and the Chair of the Joint Committee for the European Union shall open a deadline of no less than five workdays to table alternative proposals and amendments, as well as for submitting requests for recalling the final adoption by the Plenaries of the Chambers. Upon expiry of the said deadline, the Chairperson of the Joint Committee shall convene a session for its debate and voting. 5. The debate and voting of draft reasoned opinions shall be conducted in accordance with the relevant provisions for non-legislative proposals. Should the session begin with the appearance of the Government to explain its position, the spokespersons of parliamentary groups may take the floor next in accordance with the terms established in paragraph 2 of section First of this Resolution. Technical, terminological or grammatical amendments may be admitted on occasion of the session devoted to the debate of draft reasoned opinions, Compromise amendments may also be admitted provided no parliamentary group opposes their admission. . 6. 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. 7. Should one of the Plenaries of the Chambers recall the adoption of the reasoned opinion, the Bureaux of the respective Chambers would open a deadline of no less than two workdays for the tabling of alternative proposals and amendments, which shall be subject to discussion by the relevant Plenaries together with the opinion adopted by the Joint Committee for the European Union. Ninth. Request the Government the lodging of an appeal for annulment before the Court of Justice on the grounds of infringement of the principle of subsidiarity [Section drafted in accordance with the Resolution of the Bureaux of the Congress of Deputies and the Senate, of May 27, 2010. («B. O. C. G.», Cortes Generales, Serie A, núm. 312, de 08 de junio de 2010.)] 1. Within two weeks since the publication of a European legislative act which may be subject to an appeal for annulment, two parliamentary groups or a fifth of the members of one of the Chambers may table a reasoned initiative requesting the Government to lodge an appeal for annulment before the Court of Justice of the European Union against the said legislative act on the grounds of infringement of the principle of subsidiarity, in accordance with the terms of European legislation. 2. The Joint Committee for the European Union shall discuss and adopt a decision before the expiry of the six-week period following the publication of the European legislative act subject to appeal. The procedure shall be that laid down in paragraphs 4 and 5 of section Eight of this Resolution. The amendments shall be tabled to the grounds on which the appeal is lodged. 3. Within a maximum deadline of four weeks since the publication of a European legislative act, the Joint Committee for the European Union, two parliamentary groups or a fifth of the members of one of the Chambers, may request the relevant Plenaries to recall the discussion and final voting of the initiative to lodge the appeal. 4. Should the Government dismiss the lodging of the appeal for annulment requested by any of the Chambers or the Joint Committee, in exercise of the power granted by article 7 (3) of Act 8/1994, as amended by Act 24/2009, the Bureau of the Joint Committee, at the proposal of two parliamentary groups, a fifth of the members of one of the Chambers, may request the immediate hearing with a Government representative for the latter to justify its decision. Tenth. Opposition to the simplified review of the Treaties of the European Union. [Section drafted in accordance with the Resolution of the Bureaux of the Congress of Deputies and the Senate of May 27, 2010. («B. O. C. G.», Cortes Generales, Serie A, núm. 312, de 08 de junio de 2010.)] 1. The opposition of the Cortes Generales to the initiatives adopted by the European Council as regards the simplified review of the Treaties of the European Union, in exercise of the power conferred in article 48 (7) of the Treaty on the European Union, or the decisions of the Council regarding the determination of aspects of family law with cross-border implications, pursuant to the terms of article 81(3 ) of the Treaty on the Functioning of the European Union, shall fall upon the Plenaries of the Congress of Deputies and the Senate, at the proposal of the Joint Committee for the European Union, within six months since the initiative was conveyed to the Chambers. 2. The power to initiate the procedure shall lie with two parliamentary groups or one fifth of the members of one of the Chambers and shall be exercised within a maximum deadline of four months since the initiative was conveyed to the Chambers. 3. The consideration of the opposition proposal within the Joint Committee shall be conducted according to the terms laid down in paragraph 5 of section Eight of this Resolution. 4. Should the Plenaries of the Congress of Deputies and the Senate ratify the proposal of opposition to the initiative of simplified review of the treaties, the said decision shall be communicated by the Speakers of the Chambers to the presidents of EU institutions, and conveyed to the Government for its information. Eleventh. Assessment of Eurojust and oversight of Europol. [Section drafted in accordance with the Resolution adopted by the Bureaux of the Congress of Deputies and the Senate, of May 27, 2010. («B. O. C. G.», Cortes Generales, Serie A, núm. 312, de 08 de junio de 2010.)] 1. The participation 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 the case may be, with the involvement of the competent legislative Committees of each Chamber. 2. The assessment and oversight of Eurojust and Europol shall be conducted in accordance with the relevant regulations of the European Union. The Bureau of the Joint Committee for the European Union, in agreement with the Spokespersons of the parliamentary groups in the said Joint Committee, shall apply whichever of the procedures provided for in this Resolution is best suited to European legislation, with any necessary modifications ADDITIONAL PROVISION The provisions on official publications of the Cortes Generales included in the Rules approved by the Bureaux of the Congress of Deputies and the Senate, at their joint meeting of January 17, 1991, shall apply to the Joint Committee for the European Union, in the following terms: 'in Series A, 'Parliamentary Activities', all texts and documents relating to the Reports drafted by the Joint Committee for the European Union on those matters relating to the activity of the Union which it may consider of interest shall be published'. SECOND ADDITIONAL PROVISION The communications, reports and opinions conveyed between the Chambers, the Government and the Parliaments of the Autonomous Regions as regards the matters envisaged in this Resolution, shall be addressed to the e-mail provided by each one of them. TRANSITORY PROVISION The consideration of matters pending before the Joint Committee at the entry into force of this Resolution shall be conducted in accordance with the provisions of this Resolution in respect of pending step(s). Palace of the Congress of Deputies, September 21, 1995.- The Speaker of the Congress of Deputies, Félix Pons Izarazábal.- The Speaker of the Senate, Juan José Laborda Martín. («B. O. C. G.»-Cortes Generales, Serie A, núm. 71, de 5 de octubre de 1995.) |