Monitoring of the application of Community law. 12th annual report 1994
1995/2195(COS)
The European Parliament adopted the report by Mr Giorgios ANASTASSOPOULOS (PSE, Gr) on
the Commission's Twelfth Annual Report on monitoring the application of Community law. The
main points of the EP resolution were as follows:
- a warning against a non-uniform interpretation and application of Community law;
- dynamic interpretation of the rules of Community law, including before the Court of Justice: the
Commission was called upon to step up its efforts in this connection;
- transparency in the decision-making process: the EP noted that transparency was an integral part
of the democratic nature of the EU. It reiterated its previous requests that the Council should
legislate in public and deplored the Council's habit of inserting in its minutes unilateral declarations
on legislation in the course of adoption, particularly under the codecision procedure. Furthermore,
public access to documents concerning the Community legislative process should not be refused
save in exceptional cases;
- quality of legislation: the Commission was urged to submit as soon as possible all the proposals
for legislative codification listed in the 1995 legislative programme; the Commission should submit
the consolidated text to the Council and Parliament when it forwarded proposals to amend existing
law;
- transposition of Community law: the EP regretted that in some sectors (the environment, public
contracts, insurance, intellectual property and pharmaceuticals) there was still a backlog, and
deplored the excessively long time taken by the Commission before initiating infringement
proceedings against the Member States. It also took the view that each parliament could develop
internal procedures to monitor the implementation of Community law;
- providing information to individuals: the EP considered that the Commission should draw up a
practical guide for individuals, listing the main rights and obligations deriving from Community law
and their opportunities for asserting them. It asked the Commission to look into the practical
difficulties encountered by individuals in gaining access to the European courts and to consider
setting up a Community fund to improve the situation;
- training in Community law: the EP recommended that the Member States include a study of the
disciplines of Community law as a compulsory requirement for access to the legal professions.
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