Europaudvalget 2008-09
EUU Alm.del Bilag 388
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Conference of Community and European Affairs Committees of

Parliaments of the European Union (COSAC)

CONTRIBUTION OF THE XLI COSAC

Prague, 10-12 May 2009

1. Current Economic and Financial Situation

1.1COSAC affirms that the EU faces one of the greatest challenges in its history posed bythe current economic, financial and social crisis. The economic downturn affects and concernsEU citizens. Therefore targeted and coordinated action is required from supranational andintergovernmental bodies.1.2COSAC notes that the crisis has hit each Member State differently. COSAC thereforedeems it important to have regard to each Member State's specific situation and varying needsand to take action accordingly. COSAC welcomes the action undertaken in solidarity with theworst affected Member States.1.3COSAC welcomes the Conclusions of the European Council of 19-20 March 2009 andthe Council's effort to tackle the economic crisis through the fiscal stimulus package whichcontains measures to encourage and strengthen the European economy both in the short andlong term. COSAC underlines the progress already achieved through the implementation ofthe European Economic Recovery Plan since December 2008 (notably promoting investmentsin the field of the Transeuropean Networks and boosting the SME financing possibilities) andthrough the reform of the European Globalization Adjustment Fund that will reinforce itsefficiency. COSAC in this respect recalls the important role of the common currency for thosecountries which are part of it and of maintaining sustainable public finances in the long term.1.4COSAC is aware of the rapid increase in unemployment as a cause of great concern.The Member States, in particular, have the responsibility to prevent and limit job losses andnegative social impacts.1.5COSAC supports the European Council’s intention to improve regulation andsupervision of financial institutions. Restoring the confidence of citizens and investors in thefinancial markets and the proper functioning of these markets are of primary importance for areturn to economic stability.1.6COSAC warns against all forms of economic protectionism. COSAC also recalls thatopenness of world markets and a renewed effort to conclude the Doha round remain key tosuccessfully overcoming the global crisis.1.7COSAC supports the new EU rules concerning the management of the EU funds andencourages the Commission and the European Parliament to further analyze and adapt these
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rules in order to improve the managing of the funds, thus helping to speed up the allocationprocess.1.8COSAC reiterates in this context that the economic slowdown must not lead theEuropean Union to lower its ambitions in terms of sustainable development and the climatestrategy as adopted by the European Council.

2. The Role of the EU Parliaments in the Promotion of Human Rights and Democracy

in the World

2.1COSAC notes that protection of human rights and promotion of democracy in theworld are among the most important issues for the EU parliaments. The 20thanniversary ofthe fall of the Iron Curtain, and liberation from communism, highlights the significance ofdemocratic countries insisting on respect for human rights. COSAC thanks the former CzechPresident Václav Havel for his valuable contribution to the promotion of human rights anddemocracy in the world.2.2COSAC shares the European Parliament’s view expressed in its recent resolution onEuropean conscience and totalitarianism that the documentation of Europe’s troubled pastmust be supported, as reconciliation would be difficult without disclosure and assessment ofthe crimes committed by the totalitarian regimes. COSAC notes the European Parliament’sappeal for the establishment of a Platform of European Memory and Conscience that wouldconnect present national activities related to examination and remembrance of totalitarianregimes.2.3COSAC reiterates that human trafficking comprises serious violations of fundamentalHuman Rights and human dignity which can only be tackled properly through a joint effort ofEU Member States.2.4COSAC also reiterates the importance of EU parliaments cooperating with bodiessuch as the Council of Europe in promoting human rights and democracy in the world. It alsostresses that, faced with the opposition by some countries in international institutions, the EUshould carry on supporting firmly the universal nature of human rights, as it has beenproclaimed by the international community in the Universal Declaration of Human Rights.2.5COSAC welcomes the insertion of "human rights and democracy suspension clauses"in treaties the EC agrees with third countries. These clauses are an effective tool allowing forbetter parliamentary control of human rights and protection of democracy.2.6In the light of the present human rights situation in certain third countries, COSACstresses the importance of further substantial promotion of human rights in the EU’s relationswith these countries. COSAC regrets the fact that there are countries where human rightsprotection is recently deteriorating despite the joint effort of the EU Member States and theattention EU pays to the rule of law.
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2.7COSAC notes with satisfaction that the European Union is moving towards aconsensus as regards its policies on supporting democracy. In this context it encourages theEuropean Commission to make additional progress with a view to the implementation of theEuropean Instrument for Democracy and Human Rights (EIDHR) which entered into force on1 January 2007. It urges the creation of synergies with the existing activities of the Council ofEurope and making full use of the instruments of the Council of Europe. COSAC supports theaccession of the European Union to the European Convention of Human Rights, thusstrengthening by all means the European Court of Human Rights.

3. Parliamentary oversight of Europol and evaluation of Eurojust

3.1COSAC welcomes the will of national parliaments and the European Parliament toscrutinise Europol’s and to evaluate Eurojust’s activities as set out in the discussions at theParis and Prague meetings and in the 11th Bi-annual Report.3.2COSAC recalls that the conclusions of the Speakers’ Conference in Paris on 27-28February 2009 stressed the importance of the role of national Parliaments in the assessmentand the monitoring of the construction of a European area of freedom, security and justice.COSAC is aware that the legal basis for joint parliamentary oversight of Europol and Eurojustwould be created by the Treaty of Lisbon. COSAC encourages parliaments to continue allnecessary preparations so that the national parliaments and the European Parliament are readyfor their new role if the Treaty comes into force.3.3COSAC considers the mechanisms for parliamentary oversight to be crucial as thepowers of both Europol and Eurojust are increasing and thus the constantly reiterated need fora proper democratic check over these bodies. Such oversight can only be carried out bynational parliaments and the European Parliament together as they possess a mandate fromEurope's citizens.3.4COSAC discussed oversight mechanisms and as a result has identified differentpossible approaches. COSAC has agreed to use the existing interparliamentary forms ofcooperation for this purpose.3.5COSAC reiterates the request of the XL COSAC in Paris, that the EuropeanCommission should seek the views of the national parliaments and the European Parliamentvia a consultation document before finalising proposals for dealing with the parliamentaryoversight of Europol and Eurojust. Furthermore, after the Commission issues these proposals,the Council and the European Parliament are requested to enter into dialogue with nationalparliaments giving them reasonable time to express their views, in the course of which theymay in turn consult each other. Any legislative proposals must be guided by the principle thatEuropol's and Eurojust’s operational activities are independent of political interference.

4. Eastern Dimension of the European Neighbourhood Policy

4.1COSAC reiterates its long term support for strengthening the EuropeanNeighbourhood Policy. It welcomed the recent boost to the Policy’s southern dimension byestablishing the Union for the Mediterranean.
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4.2COSAC also stresses the importance of well established relations with its easternneighbours. COSAC considers the Eastern Partnership to be a useful tool for maintaining andfostering relations with the third countries involved and therefore supports the initiative and iskeen to encourage its further development.4.3COSAC welcomes the results of the Eastern Partnership founding Summit held inPrague on 7 May 2009 as expressed in the Joint Declaration. COSAC especially welcomes theestablishment of the Partnership on commitments to democracy, rule of law and the respectfor human rights and the focus on enhanced multilateral cooperation that should not onlyfoster the relations of the EU and Eastern Partners, but also strengthen the relations betweenEastern Partnership countries themselves.4.4COSAC notes with satisfaction that the Joint Declaration stipulates that EuropeanUnion financial support will be provided serving the goals of the Eastern Partnership andtaking into consideration progress made by individual Eastern Partners.4.5COSAC encourages the next Council Presidencies to continue developing good,effective and conditional relations with the partner countries through the Eastern Partnershipframework. COSAC underlines the importance of stability and security in the Easterndimension. Peace and security and the rule of law with respect for territorial integrity remainfundamental for strengthening democracy and respect for Human Rights. In this context,increasing parliamentary exchanges and meetings can play a very positive role in ensuring astable, secure and prosperous neighbourhood.4.6COSAC supports the ongoing negotiations with Russia for a new Partnership andCooperation Agreement. With regard to its previous debates COSAC reaffirms its stance thatcooperation in the framework of the new agreement should also concentrate on issues ofdemocracy and human rights.4.7COSAC notes that the EU must ensure real and effective complementarities betweenthe Eastern Partnership and other cooperation mechanisms (e.g. Black Sea Synergy).

5. Annual Policy Strategy 2010

5.1COSAC reiterates its intention to discuss the Annual Policy Strategy of the EuropeanCommission on a regular basis. The Annual Policy Strategy represents a welcome initialsource of information for effective parliamentary scrutiny. It facilitates the EU parliaments'early involvement in the EU's decision-making process.5.2COSAC expects the next Commission to continue the current political dialogue withnational parliaments – the so-called Barroso initiative. This initiative has found goodresonance in the national parliaments. COSAC hopes that the next Commission will build onthe existing submissions from national parliaments and take them into account in the processof further policy formulation.
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Conference of Community and European Affairs Committees of

Parliaments of the European Union (COSAC)

CONCLUSIONS OF THE XLI COSAC

Prague, 10-12 May 2009

1. Parliamentary oversight of Europol and evaluation of Eurojust

1.1. COSAC asks the next COSAC Presidencies to continue discussions on parliamentaryoversight of the activities of Europol and evaluation of the activities of Eurojust. This debatecan draw from the debates of the XLI COSAC and the 11thBi-annual Report.1.2To assist in this task, COSAC asks its Secretariat to continue, under the upcomingpresidencies, to follow developments and to collect information on parliamentary proceduresfor the oversight of Europol and Eurojust and on proposals for interparliamentary cooperationin this field.

2. Evaluation of the subsidiarity check

2.1COSAC welcomes the results of the latest COSAC-coordinated subsidiarity check onthe Proposal for a Directive of the European Parliament and of the Council on standards ofquality and safety of human organs intended for transplantation (COM(2008) 818 final). Thesubsidiarity check was conducted by 27 parliaments or parliamentary chambers from 20Member States within the period of eight weeks provided for by Protocol 2 to the Treaty ofLisbon. The outcome of this check indicates that the scrutiny of proposals during aparliamentary recess poses a considerable problem for parliaments. COSAC thereforewelcomes the Commission’s declarations that, if the Lisbon Treaty is ratified, the 8-weeksubsidiarity check period will be suspended for the month of August when many EUparliaments are in recess.2.2The overwhelming majority of parliaments, 25 out of 27, found no violation of theprinciple of subsidiarity. However, in half the cases parliaments were not satisfied with theCommission's justification of the Proposal with regard to its compliance with the principle ofsubsidiarity. COSAC emphasises the need to ensure that adequate analysis of subsidiarityissues is given to all proposals. This is key to ascertaining that the yellow and orange cardsystems work effectively.2.3The results of the check clearly indicate that an increased number of parliaments choseto evaluate the Proposal on grounds beyond those provided for under Protocol 2. Theseparliaments used the informal framework of the Commission's political dialogue with nationalparliaments and voiced their opinion on the Proposal's compliance with the principle ofproportionality, on its legal basis and its substantive provisions. COSAC calls upon futurepresidencies to consider continuation of the discussion on subsidiarity and proportionality,aiming at a better understanding of the two principles on the one hand, and the procedures tobe followed between national parliaments and the European institutions on the other.5
2.4 At the COSAC Chairpersons’ Meetings in Paris on 7 July 2008 and in Prague on 10February 2009 decisions were taken to conduct subsidiarity checks (i) on the Proposal for aRegulation of the European Parliament and of the Council on the applicable law, jurisdiction,recognition of decisions and administrative measures in the area of successions and wills(2008/JLS/122), and (ii) on the Proposal for a Framework Decision on criminal rights incriminal proceedings (2009/JLS/047). Although the date of approval of the first proposal hasnot yet been fixed, these subsidiarity checks will begin when the proposals have been adoptedby the Commission.

3. Bi-annual Report

3.1COSAC welcomes the 11th Bi-annual Report prepared by the COSAC Secretariat asan important source of information for national parliaments and the European Parliament.COSAC takes note,inter alia,of the Chapter 4 of the Report which concludes that COSACBi-annual Reports have become well-established documents, and are considered by nationalparliaments to be of great value. Thanks to their insight into the procedures and practices ofthe EU parliaments, the Reports are appreciated as they provide up to date and comparativeinformation, facilitating the exchange of best practice on scrutiny of EU legislation andpolicy.3.2COSAC notes that presently 33 representatives of national parliaments or chambersfrom 24 Member States are permanently based in Brussels. These representatives performdiverse functions including reporting back to their parliaments on political developments inBrussels and other national parliaments, exchange of information related to parliamentaryscrutiny of EU issues and proposals, interparliamentary cooperation and facilitating contactbetween members of national parliaments and the European Parliament and with thoseworking in the other Institutions. Many of these functions will become more important if theTreaty of Lisbon is ratified

4. Co-financing of the Permanent Member of the COSAC Secretariat and the Costs of

Running the Office and Website of COSAC

4.1All national parliaments agreed to participate in the co-financing of the permanentmember of the COSAC Secretariat and the costs of running the office and website of COSACfor different periods of time. The commitments of 19 parliaments or parliamentary chamberswill expire at the end of 2009. The COSAC Chairpersons' Meeting on 10 February 2009 inPrague decided to start a discussion on the continuation or revision of the co-financingscheme.4.2COSAC asks the incoming Swedish Presidency to continue the work with a view tofinding agreement during the second half of 2009.
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