Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-09-27-Speech-2-459-000"
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"en.20110927.26.2-459-000"2
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"This report was prepared at the request of the Conference of Committee Chairs addressed to the Committee on Constitutional Affairs with the aim of clarifying Parliament’s position on the significance and legal effect of unilateral statements entered in the minutes of the Council meeting. Several committee chairs expressed their concern with regard to the increase in the number of such statements, particularly in the context of the codecision procedure, in which they could weaken the legal force and scope of adopted legislation, thereby affecting Parliament’s colegislator role. It should be emphasised in this respect that contentious statements of this nature mostly originate from one or more Member States, because the Member States are responsible for the transposition of legislation at a national level.
The attempt to interpret such legislation in a manner that may differ from the objective achieved by the agreement of the two legislative bodies would actually breach the required coherence in the application of Community legislation. The case-law of the European Court of Justice confirms that such unilateral statements need not be relied upon in the interpretation of Community legislation.
These statements may only be used for such a purpose if there is a reference to their contents in the relevant law. As a colegislator with the same position as the Council, Parliament should be equally informed at all stages of the legislative process about all unilateral statements of the Member States which are entered in the minutes of Council meetings."@en1
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