Brussels, 17/02/2003 (Agence Europe) - Last Friday, the presidium of the European Convention finished examining a new series of draft Articles, which will be presented to the plenary on 27 February. These type V Articles of the future Constitution are based on the results of the work group on the procedures and instruments, Chaired by Vice-president Giuliano Amato. Here is a brief look at them:
Article 24: it presents the legal Acts of the Union: - European law; - framework law; - application regulation; - decision (of the institutions); - recommendation; - opinions.
Article 25: its describes the legislative Acts (law and framework law) underlining that they are in principle adopted in the framework of co-decision procedure. This Article does not, however, describe the said procedure.
Article 26: its describes the non-legislative Acts.
Article 27: its describes the delegated regulations by which the Commission can carry out application measures in the legislative framework thanks to capacitation granted by the legislative authority (Council and Parliament). This capacitation can be revoked by a particular branch of the legislative authority. Each European law or framework law will determine, if the case arises, the application measures that could be taken by this kind of instrument. EUROPE believes that Article 27 is the one in the series, which provoked the most discussions at the presidium.
Article 28: its describes the Acts for execution, pointing out that Member States are very largely responsible for implementation of Community policies. The Commission and the Council for CFSP can stop Acts of execution. The plenary will also have to explain, if it deems necessary, the other areas in which the Council could adopt Acts of execution.
Article 29: this Article should focus on CFSP. It will be examined later.
Article 30: lays out a certain number of common principles to the Acts of the Union. It explains that when the instrument is not imposed by a Constitutional treaty, it is chosen in respect of the principle of proportionality.
Article 31: lays out publication rules and those for entry into force;
On Tuesday the presidium is expected to examine amendments to 16 of the first draft Articles. More than 200 were listed on Monday morning when the deadline was set out at midnight. According to the spokesperson for President Giscard d'Estaing, Nikolaus Meyer-Landrut, this does not at this stage mean beginning the redrafting the initial Articles but identifying the elements that will normally be the subject of detailed discussion during the plenary debate on 27 and 28 February.
The reflection group on the Court of Justice, Chaired by Commissioner Antonio Vitorino met up for the first time on Monday 17 February, in the presence of the president of the Court.