21 January 2002

Legal Affairs Committee wants Parliament to challenge Council's Decision on the SE before the Court

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The Legal Affairs Committee voted yesterday to recommend that the President of Parliament exercise the House's right to challenge before the Court in Luxembourg the Council's choice of Article 308 of the Treaty as the legal base for the recently adopted regulation on the Statute for a European Company instead of Article 95. Article 308 provides only for Parliament to be consulted, thus leaving the final decision with Council, whereas Article 95 would bring the draft regulation under the co-decision procedure. There is an issue of principle at stake here as the choice of Article 308 significantly restricts Parliament's legislative rights. Moreover, the Commission's proposal of 1980, which served as a model for the content of this latest Council decision, provided for the co-operation procedure between Council and Parliament, which would today result in co-decision between the two institutions. It should be recalled that Parliament already said that it would not compromise with Council over this issue when it adopted the report by Hans-Peter MAYER (EPP-ED, D) on the Societas Europaea at its part-session in September 2001, thereby reserving the right to challenge the legal base of the regulation before the Court in Luxembourg.

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