Domènec Ruiz Devesa (S&D, Spain) wants to relaunch interinstitutional work leading to the granting of a right of inquiry to the European Parliament into any infringement of EU law, despite the strong reluctance of Member States, jealous of their national prerogatives.
On the basis of the European Parliament resolution of April 2019 and two external studies commissioned by Parliament, the rapporteur will propose to his counterparts in the Committee on Constitutional Affairs, a series of initiatives to keep this dossier at the top of the institutional agenda, even if it means linking it politically to other dossiers where the EU Council needs action from Parliament.
In particular, the Spanish socialist suggests setting up an interinstitutional working group to seek a compromise between EU institutions. The personal involvement of European Parliament President David Sassoli would add political weight to the Parliament's initiative.
Mr Ruiz Devesa also says that additional committees of inquiry could be set up, for example on migrants' rights and/or the coronavirus pandemic. In order to address some of the concerns expressed by the EU Council, he is prepared to accept, as a compromise, that an European Parliament committee of inquiry should suspend its work when national legal proceedings on a similar issue are launched.
In June, the Parliament formalised the creation of the committee of inquiry on the transport of live animals (see EUROPE 12510/9).
According to Mr Ruiz Devesa, the granting of a right of inquiry to the European Parliament could be the subject of an oral question to the EU Council and to the European Commission at a forthcoming plenary session and be discussed at the Conference on the Future of Europe.
Above all, in the event of persistent deadlock, the rapporteur does not rule out the possibility of challenging the EU Council's position before the Court of Justice of the EU.
In accordance with Article 226 of the Treaty on the Functioning of the EU, granting the European Parliament a right of inquiry requires a special legislative procedure through which a proposal for a regulation is adopted by the European Parliament after the consent of the EU Council and the Commission. This procedure obliges neither the EU Council nor the Commission to negotiate with the Parliament.
In the EU, all Member States except Sweden allow their national parliaments to set up a committee of inquiry. In five countries (Austria, Bulgaria, Estonia, Spain, Finland), a committee of inquiry cannot undertake investigations on the ground. In six countries (Bulgaria, Czech Republic, Estonia, Finland, Italy, Poland), such a committee may not - under any circumstances - adopt sanctions against an individual or legal person for refusal to cooperate, even in cases of corruption. (Original version in French by Mathieu Bion)