ANALYSIS OF ALL THE AMENDMENTS

The Convention members have presented 237 amendments to draft Articles 24 to 33.

First of all it should be borne in mind that many of these amendments have across-the-board impact and concern the names of the legal instruments or of the Constitution, the addition of a new instrument (e.g. organic law, directive) or the definition of a certain instrument (e.g. restricting the use of regulations to delegated acts or giving them legislative character). Such amendments, which
are very numerous, concern a limited range of subjects.

The issues which attracted the most amendments are as follows:

1. As regards the catalogue of legal instruments, the amendments confirm the approach of distinguishing between legislative and non-legislative acts. Some add other instruments to those already proposed. Others would like a category of regulations to be created to assume the features of current directives so as to provide an instrument in the non-legislative sphere which is binding on the Member States with regard to the result, but flexible with regard to the means used.

2. Many amendments are against allowing exceptions to the general rule that legislative acts are adopted in accordance with the legislative procedure. Other amendments, while accepting that there would be exceptions, express a degree of concern regarding the scope of the general rule and would like the exceptions to be clearly specified. Some amendments would like the European Parliament to be consulted and the Commission to exercise the right of legislative initiative in the case of exceptions. All of these amendments definitely confirm that the general rule for adoption of legislative acts must be the legislative procedure.

3. With regard to delegated acts, many of the amendments concern the conditions for their application and above all request removal of the possibility to provide for a delegated regulation to lapse after a given deadline (sunset clause). Several amendments also concern the definition of delegated regulations. All of these amendments firmly support the proposal to create an act of this kind.

4. With regard to implementing acts, the amendments mostly concentrate on control mechanisms and procedures for laying them down. They are contradictory: some would like to re-instate the current procedure (unanimous Council decision after the Opinion of the Parliament), while others would like to use this draft Article to adjust, or even abolish, the current committee procedure.

To see the full analysis, click: http://register.consilium.eu.int/pdf/en/03/cv00/cv00609en03.pdf.