On Monday 22 October, the European Parliament's Legal Affairs Committee (JURI) unanimously adopted an opinion by Axel Voss (EPP, Germany) behind closed doors, which recognises the possibility of introducing five new articles into the Treaty on the Functioning of the EU (TFEU) using the legal basis of the Directive to protect whistleblowers on a European level.
This non-public opinion is based entirely on a confidential note from the European Parliament's Legal Service, consulted by EUROPE (see EUROPE 12122). In essence, MEPs consider that Articles 77 (2), 78 (2) and 79 (2) regarding migration policy, Article 153 (1 a, b, e) on the protection of workers, and Article 157 (3) on equal treatment between men and women are compatible with the co-decision procedure and can therefore be incorporated on a legal basis into the legislative text.
Some MEPs had requested the addition of Article 153 TFEU in its entirety, but the proposal was reconsidered in the opinion, as some provisions require unanimity and therefore a special legislative procedure. Thus, the provisions of the article on the improvement of the ‘working environment’ are compatible with guaranteeing health and safety, working conditions, as well as on information and consultation of workers.
This selective approach to Article 153 had been put forward namely by the text's rapporteur, Virginie Rozière (S&D, France).
On the other hand, Articles 83 (1) on serious crime with a cross-border dimension and 352 of the TFEU, allowing new actions to be taken at European level are not enshrined in the Treaties and are not compatible with the ordinary legislative procedure, concluded MEPs.
Upon consultation of partners, Article 154 TFEU was rejected, as it refers to rules that apply only to the European Commission and does not provide a legal basis upon which the European Parliament and the Council can act.
Finally, even though Article 19 (2), which aims to support the fight against gender discrimination at European level is compatible with the ordinary legislative procedure, it cannot be used either. It excludes any possibility of harmonising the laws and regulations of the Member States.
It should be noted that these articles, although compatible, can only be effectively incorporated if they respond to a change in the content of the legislative text, explains the opinion.
As a reminder, MEPs submitted no less than nine new legal bases to the seventeen articles already included in the European Commission's proposal in order to widen the scope of the Directive (see EUROPE 12102) as much as possible.
The vote on the text in the JURI Committee was postponed until 20 November in order to be able to reach an agreement on the legal basis of the text on the one hand and on the sequenced reporting mechanism on the other. (Original version in French by Pascal Hansens)