The decision-making procedures of the European institutions are ‘seized up’ because of the measures taken to contain the COVID-19 outbreak, while the emergency health, economic and safety measures presented by the European Commission (see EUROPE 12446/1) require in essence a rapid response from the two co-legislating European institutions.
However, the EU Council and the European Parliament are looking at ways to get around these constraints, several European sources told EUROPE on Tuesday 17 March.
In the Council of the European Union, in addition to the physical meetings that are now almost impossible, decisions can be validated by the Member States by written procedure.
This procedure requires Member States to answer two questions. First of all, on the form, they must agree to the decision being taken by written procedure. Then there is the question of substance, with Member States being asked whether or not to give the go-ahead on a specific dossier.
Unanimity of the Member States is required to formalise the written procedure. De facto, this means that all dossiers become subject to a unanimous vote.
It was confirmed to us that the EU Council is expected to propose a solution to this difficulty in the coming days.
Towards a dematerialised plenary session?
As far as the European Parliament is concerned, the situation remains totally unclear.
A significant number of MEPs can no longer move freely within the European territory, we were told. It is therefore likely that the necessary quorum, set at one third of MEPs, will not be reached (Rule 178 of Parliament's Rules of Procedure).
In many national parliaments, there are mechanisms in case of an emergency situation to adopt without having to go through a plenary vote. Nothing like that in the European Parliament!
Such a situation can pose a major problem as the Parliament political groups do not always vote in a homogenous way.
However, by invoking the general principle in cases of force majeure, it would be possible to be creative and use a remote voting system, we were told. The feasibility of such an arrangement has yet to be analysed in the European Parliament.
Not least of all, there is the language issue. In theory, a law passed at European level is deemed valid when it is translated into all languages.
And what about the interpretation of legislative deliberations? If all MEPs in a parliamentary committee agree to a debate in one language, this is possible. But if some refuse, a blockage may occur. It would then be up to the chairman of the parliamentary committee to decide, we were told. (Original version in French by Hermine Donceel and Pascal Hansens)