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Monday
Jun252012

Belgium

 

Chambre des représentants

The subsidiarity procedure in the Belgian Chambre des représentants is defined in Article 37bis of the Rules of Procedure (Règlament) of the Chambre des représentants. For further information please click below:

Article 37bis (in French)

 

Sénat

The subsidiarity procedure in the Belgian Sénat (based on the replies of the Sénat to the questionnaire for the 13th Bi-annual Report of COSAC) 

Scrutiny of documents coming from the European Union and compliance with the principle of subsidiarity

Belgian Senate

Date

Responsibility

Description

Day 1

Secretariat of the Senate delegation to the Federal Advisory Committee on European Affairs

Reception of a European legislative proposal and transmission to the Senate’s Legal Department for an advice on the competence of the Senate.

Before day 10

Legal Department

Redaction of the advice on the Senate’s competence and transmission to the secretariat of the Advisory Committee

Secretariat of the Senate delegation to the Federal Advisory Committee on European Affairs

If the advice on the Senate’s competence states that the Senate isn’t concerned, the secretariat of the Advisory Committee sends it to the Chair of the Advisory Committee, who consults, if the need arises, the Bureau of the Senate.

 

If the advice on the Senate’s competence states that the Senate is concerned, the secretariat of the Advisory Committee sends the advice and the proposal to the Chair(s) of the concerned committee(s) and to the Chair of the Advisory Committee.

Before day 14

Secretariat of the Senate delegation to the Federal Advisory Committee on European Affairs

If the Senate considers itself to be concerned, the IPEX-Correspondent communicates this to the Belgian parliaments through the IPEX-site.

Before day 42

Chair and secretariat of the concerned committee(s) and of the Advisory Committee

Scrutiny of the European proposal in the concerned committee(s) and/or the Advisory Committee: if the members of the concerned committee(s) don’t have any remarks on the principles of subsidiarity and proportionality of the proposal or if it isn’t treated, the Senate is supposed not to have any subsidiarity concern. In this case, the procedure comes to an end.

 

If a subsidiarity or proportionality issue arises, the concerned committee(s) gives its opinion and drafts a report about its proceedings in line with article 27 of the Senate’s Rules of Procedure.

Before day 49

Presidency and Department of the Plenary Session

Scrutiny of the advice on subsidiarity by the Senate’s plenary session: the plenary session states about the conclusions of the report of the concerned committee(s) and/or the advisory Committee.

Day 49

Presidency and Department of the Plenary Session

Communication of the advice on subsidiarity: if the need arises, the advice of the Senate is communicated to the other Belgian parliaments and to the secretariat of the Conference of the Presidents of the 9 parliamentary bodies.

Day 56

Secretariat of the Conference of the Presidents of the 9 parliamentary bodies

Communication of the advice on subsidiarity: reasoned opinions of the Belgian parliamentary bodies are transmitted to the EU institutions, the concerned Belgian federal, community and regional parliaments, in accordance with the cooperation agreement between the Belgian parliamentary bodies, currently under negotiation.

Secretariat of the Senate delegation to the Federal Advisory Committee on European Affairs

Publication of the reasoned opinion on the IPEX-site.