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EUROPEAN PARLIAMENT 2009 - 2014 Committee on Constitutional Affairs 2012/2078(INI) 13.9.2013 AMENDMENTS 1 - 259 Draft report Roberto Gualtieri, Rafał Trzaskowski (PE502.266v01-00) on constitutional problems of a multi-tier gouvernance in the European Union (2012/2078(INI)) AM\1001998EN.doc PE516.937v01-00 EN United in diversity EN AM_Com_NonLegReport PE516.937v01-00 2/115 AM\1001998EN.doc EN Amendment 1 Jean-Pierre Audy Motion for a resolution Citation 1 a (new) Motion for a resolution Amendment - having regard to the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), Or. fr Amendment 2 Rainer Wieland Motion for a resolution Citation 13 a (new) Motion for a resolution Amendment - having regard to the provisions of the Lisbon Treaty on improving inter- parliamentary cooperation (Article 12 TEU, Subsidiarity Protocol, Protocol on the role of national Parliaments), Or. de Amendment 3 Rafał Trzaskowski Motion for a resolution Recital A Motion for a resolution Amendment A. whereas differentiation is a constitutive A. whereas differentiation is a constitutive feature of the process of European feature of the process of European integration and a means to allow its integration and a means to facilitate its progress and guarantee substantial respect progress and guarantee substantial respect for the principle of equality, understood as for the principle of equality; AM\1001998EN.doc 3/115 PE516.937v01-00 EN the equal treatment of equal situations and the unequal treatment of unequal situations; Or. en Amendment 4 Andrew Duff Motion for a resolution Recital B a (new) Motion for a resolution Amendment Ba. whereas differentiated integration takes two forms: 'multi-speed', in which states seek to achieve the same goals according to different timeframes, and 'multi-tier', in which states agree to differ in their goals; Or. en Amendment 5 Rafał Trzaskowski Motion for a resolution Recital C Motion for a resolution Amendment C. whereas differentiation must not C. whereas differentiation must not undermine Union citizenship, which is the undermine Union citizenship, which is the fundamental status of Member States' fundamental status of Member States' nationals, enabling those who find nationals, enabling those who find themselves in the same situation to enjoy, themselves in the same situation to enjoy, within the scope of the Treaty, the same within the scope of the Treaty, the same treatment in law irrespective of their treatment in law, irrespective of their nationality; nationality; (comma) Or. en PE516.937v01-00 4/115 AM\1001998EN.doc EN Amendment 6 Roberto Gualtieri Motion for a resolution Recital D Motion for a resolution Amendment D. whereas any differentiation has to D. whereas any differentiation will respect respect the unity of the European legal and so reinforce the unity of the European order and its effectiveness and coherence, legal order and its effectiveness and the principle of non-discrimination on coherence, the principle of non- grounds of nationality, and the functioning discrimination on grounds of nationality as of the internal market; well as the establishing of the area of freedom, security and justice without internal frontiers and the functioning of the internal market; Or. en Amendment 7 Andrew Duff Motion for a resolution Recital E Motion for a resolution Amendment E. whereas differentiation may be resorted E. whereas differentiation may be resorted to where common action is not possible or to where common action at any given time reachable; is not possible or reachable; Or. en Amendment 8 Rafał Trzaskowski Motion for a resolution Recital E AM\1001998EN.doc 5/115 PE516.937v01-00 EN Motion for a resolution Amendment E. whereas differentiation may be resorted E. whereas differentiation may be resorted to where common action is not possible or to where common action is not possible or reachable; feasible; Or. en Amendment 9 Andrew Duff Motion for a resolution Recital F Motion for a resolution Amendment F. whereas differentiation is embedded in F. whereas differentiation is compatible the single institutional framework of the with the single institutional framework of European Union; the European Union Or. en Amendment 10 Rafał Trzaskowski Motion for a resolution Recital F Motion for a resolution Amendment F. whereas differentiation is embedded in F. whereas differentiation is and should the single institutional framework of the always be embedded in the single European Union; institutional framework of the European Union; Or. en Amendment 11 György Schöpflin, József Szájer PE516.937v01-00 6/115 AM\1001998EN.doc EN Motion for a resolution Recital G Motion for a resolution Amendment G. whereas the Treaties offer different G. whereas the Treaties offer different options and instruments for differentiated options and instruments for differentiated integration, including limitations of the integration, including limitations of the territorial scope of application, safeguard territorial scope of application, safeguard clauses, derogations, opt-outs, opt-ins, clauses, derogations, opt-outs, opt-ins, enhanced cooperation, and provisions enhanced cooperation, and provisions specific to Member States whose currency specific to the Member States, provided is the euro, provided such instruments such instruments respect the unity, respect the unity, effectiveness and effectiveness and coherence of the coherence of the European legal order and European legal order and are embedded in are embedded in the single institutional the single institutional framework (the framework (the Community method); Community method); Or. hu Amendment 12 Roberto Gualtieri Motion for a resolution Recital G Motion for a resolution Amendment G. whereas the Treaties offer different G. whereas the Treaties offer several options and instruments for differentiated options and instruments for differentiated integration, including limitations of the integration, including limitations of the territorial scope of application, safeguard territorial scope of application, safeguard clauses, derogations, opt-outs, opt-ins, clauses, derogations, opt-outs, opt-ins, enhanced cooperation, and provisions enhanced cooperation, and provisions specific to Member States whose currency specific to Member States whose currency is the euro, provided such instruments is the euro, provided such instruments respect the unity, effectiveness and respect the unity, effectiveness and coherence of the European legal order and coherence of the European legal order and are embedded in the single institutional are embedded in the single institutional framework (the Community method); framework (the Community method); Or. en AM\1001998EN.doc 7/115 PE516.937v01-00 EN Amendment 13 Gerald Häfner on behalf of the Greens/EFA Group Motion for a resolution Recital G a (new) Motion for a resolution Amendment Ga. Whereas the systematic use of derogations and opt-outs by some Member States may jeopardise the unity, effectiveness and coherence of the European legal order; Or. en Amendment 14 Roberto Gualtieri Motion for a resolution Recital G a (new) Motion for a resolution Amendment Ga. whereas some Member states have obtained to opt-out of different EU policies, as laid down in different Protocols to the Treaties; Or. en Amendment 15 Roberto Gualtieri Motion for a resolution Recital H Motion for a resolution Amendment H. whereas derogations under Article 27(2) H. whereas derogations under Article 27(2) TFEU allow a differentiation between TFEU allow a differentiation between certain Member States within a legal act certain Member States within a legal act that is addressed to all Member States; that is addressed to all Member States; still PE516.937v01-00 8/115 AM\1001998EN.doc EN with the aim of progressively establishing and ensuring the functionality of the internal market; Or. en Amendment 16 Andrew Duff Motion for a resolution Recital K Motion for a resolution Amendment K. whereas the enhanced cooperation K. whereas the enhanced cooperation procedure allows for the adoption of procedure allows, as a last resort, for the measures binding a subgroup of Member adoption of measures binding a subgroup States after an authorisation granted by the of Member States after an authorisation Council by a qualified majority and within granted by the Council by a qualified the field of the CFSP after an authorisation majority and within the field of the CFSP granted by unanimity; after an authorisation granted by unanimity; Or. en Amendment 17 Andrew Duff Motion for a resolution Recital K a (new) Motion for a resolution Amendment Ka. whereas in the field of common foreign and security policy, clusters of states are enabled to tackle specific tasks or missions, and in the field of common security and defence policy, the establishment of a permanent core group of militarily capable states is envisaged; Or. en AM\1001998EN.doc 9/115 PE516.937v01-00 EN Amendment 18 Andrew Duff Motion for a resolution Recital N a (new) Motion for a resolution Amendment Na. whereas the UK has obtained numerous possibilities, under certain complicated conditions, to opt out of EU policies in the field of justice and home affairs; Or. en Amendment 19 Roberto Gualtieri Motion for a resolution Recital O a (new) Motion for a resolution Amendment Oa. whereas the Prüm Convention has been partially integrated into the EU legal framework; Or. en Amendment 20 Andrew Duff Motion for a resolution Recital R Motion for a resolution Amendment R. whereas the TSCG treaty is a treaty R. whereas the TSCG treaty is a treaty under international law concluded by the under international law concluded by the Member States except for the United Member States except for the United Kingdom and the Czech Republic, and Kingdom and the Czech Republic, and whereas it calls in its Article 16 for the whereas it foresees in its Article 16 for the incorporation of its relevant provisions into incorporation of its relevant provisions into PE516.937v01-00 10/115 AM\1001998EN.doc EN EU law; EU law; Or. en Amendment 21 Jean-Pierre Audy Motion for a resolution Recital R Motion for a resolution Amendment R. whereas the TSCG treaty is a treaty R.