Article 2 Before proposing legislative acts, the Commission shall consult widely. Such consultations shall, where appropriate, take into account the regional and local dimension of the action envisaged. In cases of exceptional urgency, the Commission shall not conduct such consultations. It shall give reasons for its decision in its proposal. Article 5 Draft legislative acts shall be justified with regard to the principles of subsidiarity and proportionality. Any draft legislative act should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality. This statement should contain some assessment of the proposal's financial impact and, in the case of a directive, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation. The reasons for concluding that a Union objective can be better achieved at Union level shall be substantiated by qualitative and, wherever possible, quantitative indicators. Draft legislative acts shall take account of the need for any burden, whether financial or administrative, falling upon the Union, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved. Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997) 2. ‘the Union shall provide itself with the means necessary to attain its objectives and carry through its policies’. 5. For Community action to be justified, both aspects of the subsidiarity principle shall be met: the objectives of the proposed action cannot be sufficiently achieved by Member States' action in the framework of their national constitutional system and can therefore be better achieved by action on the part of the Community. The following guidelines should be used in examining whether the above mentioned condition is fulfilled: — the issue under consideration has transnational aspects which cannot be satisfactorily regulated by action by Member States; — actions by Member States alone or lack of Community action would conflict with the requirements of the Treaty (such as the need to correct distortion of competition or avoid disguised restrictions on trade or strengthen economic and social cohesion) or would otherwise significantly damage Member States' interests; — action at Community level would produce clear benefits by reason of its scale or effects compared with action at the level of the Member States. _______________________________________________________________ EU CONSTITUTION EUR-Lex - Official Journal - 2004 - C 310.mht Contents http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:310:0207:0209:EN:PDF 2. PROTOCOL ON THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY Article 2 Before proposing European legislative acts, the Commission shall consult widely. Such consultations shall, where appropriate, take into account the regional and local dimension of the action envisaged. In cases of exceptional urgency, the Commission shall not conduct such consultations. It shall give reasons for its decision in its proposal. Article 5 Draft European legislative acts shall be justified with regard to the principles of subsidiarity and proportionality. Any draft European legislative act should contain a detailed statement making it possible to appraise compliancewith the principles of subsidiarity and proportionality. This statement should contain some assessment of the proposal's financial impact and, in the case of a European framework law, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation. The reasons for concluding that a Union objective can be better achieved at Union level shall be substantiated by qualitative and, wherever possible, quantitative indicators. Draft European legislative acts shall take account of the need for any burden, whether financial or administrative, falling upon the Union, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved. Article 8 The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a European legislative act, brought in accordance with the rules laid down in Article III-365 of the Constitution by Member States, or notified by them in accordance with their legal order on behalf of their national Parliament or a chamber of it. regards
Sunday, 5 December 2010
The EU's Enabling Act
Protocol - The Principles of Subsidiarity and Proportionality, repeatedly in all it's drafts, gives the EU it's override enabling cause. (Full drafts available)
I made a study of it from the first Convention Draft of the EU Constitution, right up to the Lisbon Treaty, and when I asked Marc Glendenning about it at a Democracy Movement meeting in Louth, after Guiscard D'Estaing's Convention was released, he dismissed my query, saying it was a good clause!
Unfortunately I no longer have the original Convention Draft due to Computer crash, and having to downsize when I moved to my present address, but in it's own rambling way, designed to send ther reader to sleep, it had it's own wicked barbs, and stalinist spying and reporting clauses.
See below the active words and phrases, equal to Stalin's use of Lenin's Article 58 of the Crimial Code, and Hitler's enabling act, and indeed our own Civil Contingencies Act 2004.
Lisbon Treaty
Subsidiarity Protocol page 150
___________________________________________________________________
29.12.2006
Posts
