Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-09-20-Speech-3-070"
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"en.20000920.6.3-070"2
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"Mr President, ladies and gentlemen, I am not going to speak about the issues underlying the proposal for a regulation, which have been so thoroughly studied and discussed in committee and in this Chamber, a process that culminated in the vote on Parliament’s opinion last November.
It is nevertheless worthwhile saying, in line with the views of the rapporteur Mr Pirker and of the Commission itself, how incomprehensible we find it that in the new text, the Council proposes to reserve to itself responsibility for implementing the Eurodac regulation, which departs from the system previously envisaged, in which these powers would fall to the Commission. We are unhappy with this, firstly because Parliament, as has already been pointed out, is seeing its rights diminished, specifically its right to remain informed. In fact, the Commission is, in general terms, obliged, under the terms of Article 7 of the decision on comitology, to keep Parliament informed of committee proceedings and whenever the Commission transmits relevant measures or proposals to the Council. With this new text, this prerogative is clearly undermined. Secondly, there is a lack of legal coherence and above all a lack of legal justification in these transfers of competence. Article 1 of the decision on comitology has not been respected and therefore this course of action breaches Article 202 of the Treaty, since this article contains no provisions that would justify this procedure being adopted in this specific case.
Our view is that the generally accepted status of the Commission is still valid: it is the guardian of the treaties, equidistant from each of the Member States; it is autonomous, independent and the defender of the common good. It is the Commission rather than the Member States that is responsible – transcending borders and national peculiarities – for drafting laws that provide adequate protection on issues involving fundamental freedoms.
The Council has demonstrated its lack of confidence in the Commission. Without wishing to appear perverse, perhaps the Council is looking for a legal fight over this issue, which would clear the way for an almost certain application to the European Court of Justice to delay the universal implementation of the new Community legislation in progress on the right to asylum. Sometimes in politics, things are indeed what they seem! Unfortunately, Commissioner, and this is not your fault, this is a matter on which you cannot allay our fears."@en1
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