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Jun292012

Lituanie

Le Statut du Seimas de la République de Lituanie a été modifiée le 9 Novembre 2004 pour définir, inter alia, la procédure de débat et de contrôle de l'application du principe de subsidiarité dans le Seimas. Pour plus d'informations cliquez ci-dessous:

Articles 180et Article 18041 du Statut du Seimas de la République de Lituanie (en anglais)

Article 1806. Control of the Principle of Subsidiarity

1. The specialised committees shall, according to the fields of their competence, be responsible for proper and timely control of the principle of subsidiarity.

2. If necessary the specialised committee shall submit conclusions whether a draft legislative act of the European Union complies with the principle of subsidiarity in general not later than within five weeks of the receipt of the draft legislative act of the European Union or within 10 working days of the receipt of the position of the Government (presented in accordance with the procedure established in paragraph 3 of Article 180of this Statute) on the compliance of the draft legislative act of the European Union with the principle of subsidiarity. The Legal Department of the Office of the Seimas shall prepare before a meeting of the specialised committee the conclusions whether the draft legislative act of the European Union complies with the principle subsidiarity.

3. The Committee on European Affairs or, according to its competence, the Committee on Foreign Affairs, on their own (their chairmen’s) initiative, upon receiving the request of the Speaker of the Seimas, conclusions of the specialised committee submitted in the manner prescribed in paragraph 2 of this Article, the appeal of the parliamentary group, the Government’s position whether the draft legislative act of the European Union complies with the principle of subsidiarity, shall usually consider this issue in the committee meeting within one week. Such meeting shall be also attended by the representatives of the specialised committee, the Legal Department of the Office of the Seimas that presented the conclusions whether the draft legislative act of the European Union complies with the principle of subsidiarity.

            4. When dealing with issues relating to the compliance of legal acts of the European Union with the principle of subsidiarity, joint meetings of the Committee on European Affairs, the Committee on Foreign Affairs and the specialised committee that presented the said conclusions shall be held if necessary.

            5. Upon deciding that a draft legislative act of the European Union may not comply with the principle of subsidiarity, the conclusions of the Committee on European Affairs or the Committee on Foreign Affairs together with a draft Seimas resolution on a reasoned opinion whether the draft legislative act of the European Union complies with the principle of subsidiarity shall be referred for debate at a Seimas plenary sitting.

            6. The conclusions of the Committee on European Affairs or the Committee on Foreign Affairs concerning the non-compliance of the draft legislative act of the European Union with the principle of subsidiarity must be debated at the Seimas plenary sitting not later than within one week after its registration at the Secretariat of Seimas sittings, but, if possible, not later than one week prior to the expiry of the eight-week time limit calculated from the date of transmission of the draft legislative act of the European Union, in the official languages of the European Union, to the national parliaments of the Member States.

7. The draft Seimas resolution presented by the Committee on European Affairs or the Committee on Foreign Affairs regarding a reasoned opinion whether the draft legislative act of the European Union complies with the principle of subsidiarity shall be debated at a Seimas plenary sitting in accordance with the special urgency procedure. During the sitting the conclusions of the specialised committee and the Committee on European Affairs or the Committee on Foreign Affairs whether the draft legislative act of the European Union complies with the principle of subsidiarity shall be presented.

            8. A resolution of the Seimas on a reasoned opinion whether the draft legislative act of the European Union complies with the principle of subsidiarity, adopted at a Seimas plenary sitting, shall be forwarded to the Government. This resolution of the Seimas shall be published in the Valstybės žinios, unless the Seimas decides otherwise.

9. The Committee on European Affairs shall be responsible for the communication of the resolution of the Seimas, referred to in paragraph 8 of this Article, to the parliaments of other Member States of the European Union as well as appropriate institutions of the European Union as soon as possible, but not later than within one week after the adoption of the said resolution.

            10. The time limits provided for in this Article may be changed when necessary by the decision of the specialised committees, the Committee on European Affairs, the Committee on Foreign Affairs (their Chairmen), the Speaker of the Seimas.


Article 18041. Application of the Seimas to the Court of Justice of the European Union for Bringing an Action Disputing the Legality of a Legislative Act of the European Union Infringing the Principle of Subsidiarity

 

1. The right of initiative to appeal by the Seimas to the Court of Justice of the European Union for bringing an action disputing the legality of a legislative act of the European Union infringing the principle of subsidiarity (hereinafter referred to in this Chapter as a “application of the Seimas to the Court of Justice of the European Union”) shall be enjoyed by a group of not less than 1/5 of the Seimo Members, the committees and the parliamentary groups.

2. A submitted draft application of the Seimas to the Court of Justice of the European Union shall be registered with the register of draft laws and proposals received by the Secretariat of the Seimas sittings which will indicate all authors and initiators of the draft as well as all the documents presented by them. Usually a draft must be submitted within three weeks from the publication of the legislative act of the European Union in the Official Journal of the European Union. An action disputing the legality of a legislative act of the European Union infringing the principle of subsidiarity shall be submitted in the annex to the draft application of the Seimas to the Court of Justice of the European Union.

3. A draft application of the Seimas to the Court of Justice of the European Union must be presented at a Seimas sitting not later than within one week from its registration during a Seimas session and in the event of the registration of the draft in the period between Seimas sessions – at the first sitting of the next session. The text of the said draft must be handed to the Seimas members not later than 48 hours before presenting it at a Seimas sitting. When presenting at a Seimas sitting the draft application of the Seimas to the Court of Justice of the European Union the representative of the initiators of this draft shall describe the draft and answer the questions of the Seimas members. Then the presiding officer of the sitting shall submit motions to vote.

4. The Seimas shall adopt one of the following decisions regarding the submitted application of the Seimas to the Court of Justice of the European Union:

1) to start the debate procedure with respect to the draft;

2) to reject the draft, indicating the reasons.

5. If the Seimas decides to start the debate procedure, the draft application of the Seimas to the Court of Justice of the European Union shall be forwarded for further consideration to the Committee on European Affairs or the Committee on Foreign Affairs, where the legislative act of the European Union is assigned to its competence pursuant to Article 1802 of this Statute, and to the specialized committee taking into consideration the trends of the committees as laid down in Chapter XI of this Statute. The draft shall be forwarded for consideration to the Committee on Legal Affairs in all cases.

6. The specialized committee, except the Committee on Legal Affairs, upon the receipt of the conclusions of the Legal Department of the Office of the Seimas, the conclusions of the Committee on European Affairs and the position of the Government on the legality of the legislative act of the European Union, shall, not later than within one week after the adoption of the Seimas decision to start the debate procedure with respect to the draft, submit conclusions to the Committee on Legal Affairs as well as to the Committee on European Affairs or the Committee on Foreign Affairs regarding the draft application of the Seimas to the Court of Justice of the European Union.

7. The Committee on Legal Affairs, upon the receipt of the conclusions of another specialized committee, the conclusions of the Legal Department of the Office of the Seimas, the conclusions of the Committee on European Affairs and the position of the Government on the legality of the legislative act of the European Union, shall, not later than within two weeks after the adoption of the Seimo decision of the debate procedure with respect to the draft, present conclusions to the Committee on European Affairs or the Committee on Foreign Affairs regarding the draft application of the Seimas to the Court of Justice of the European Union.

8. The Committee on European Affairs or the Committee on Foreign Affairs, upon the receipt of the conclusions of the specialized committee and the Committee on Legal Affairs, opinions of the parliamentary groups (if submitted), the position of the Government on the legality of the legislative act of the European Union, shall consider the draft application of the Seimas to the Court of Justice of the European Union at a meeting of the Committee in general within a week. Usually such meeting must be attended by the chairmen of the specialized committees or the rapporteurs appointed by them, representatives of the Legal Department of the Office of the Seimas and the European Law Department.

9. If the Committee on European Affairs or the Committee on Foreign Affairs, the Committee on Legal Affairs and another specialized committee have decided that the legislative act of the European Union infringes the principle of subsidiarity, the Committee on European Affairs or the Committee on Foreign Affairs shall submit to a plenary sitting of the Seimas a draft protocol resolution of the Seimas proposing to give approval to the draft application of the Seimas to the Court of Justice of the European Union. Such a draft protocol resolution of the Seimas shall be debated at a plenary sitting of the Seimas not later than within one week from the decision of the Committee on European Affairs or the Committee on Foreign Affairs to forward the draft to be debated at a plenary sitting of the Seimas.

10. If the Committee on European Affairs or the Committee on Foreign Affairs, the Committee on Legal Affairs and another specialized committee have decided the legislative act of the European Union does not infringe the principle of subsidiarity, the Committee on European Affairs or the Committee on Foreign Affairs shall submit to a plenary sitting of the Seimas a draft protocol resolution of the Seimas proposing not to give approval to the draft application of the Seimas to the Court of Justice of the European Union. The draft protocol resolution of the Seimas shall be debated at a plenary sitting of the Seimas not later than within one week from the decision of the Committee on European Affairs or the Committee on Foreign Affairs to forward the draft to be debated at a plenary sitting of the Seimas.

11. If the conclusions of the Committee on European Affairs or the Committee on Foreign Affairs, the Committee on Legal Affairs and another specialized committee regarding the compliance of the legislative act of the European Union with the principle of subsidiarity (the draft application of the Seimas to the Court of Justice of the European Union) vary, the Committee on European Affairs or the Committee on Foreign Affairs shall forward the draft application of the Seimas to the Court of Justice of the European Union to be debated at a plenary sitting of the Seimas. The draft application of the Seimas to the Court of Justice of the European Union shall be debated at a plenary sitting of the Seimas not later than within one week from the decision of the Committee on European Affairs or the Committee on Foreign Affairs to forward the draft to be debated at a plenary sitting of the Seimas. During a sitting of the Seimas the conclusions of the Committee on European Affairs or the Committee on Foreign Affairs, the Committee on Legal Affairs and another specialized committee shall be introduced.

12. The application of the Seimas to the Court of Justice of the European Union and the protocol resolutions of the Seimas referred to in paragraphs 9 and 10 of this Article shall be adopted by a majority vote of the Seimas members present at the sitting of the Seimas and shall come into force on the day of the adoption thereof.

13. The application of the Seimas to the Court of Justice of the European Union and the protocol resolutions referred to in paragraphs 9 and 10 of this Article shall be forwarded to the Government. The Government shall, in a prescribed manner, prepare necessary procedural documents and bring an action on behalf of the Seimas to the Court of Justice of the European Union.

14. On the initiative of the Seimas Members, the Committee on European Affairs or the Committee on Foreign Affairs or other committees and parliamentary groups, the Committee on European Affairs or the Committee on Foreign Affairs may, even in the cases where the draft application of the Seimas to the Court of Justice of the European Union is debated, at any time express an opinion urging the Government to bring an action on behalf of the Republic of Lithuania regarding the legality of the legislative act of the European Union or any other legal act of the European Union or to enter any case which is being heard by the Court of Justice of the European Union, in which the question of legality of the legislative act of the European Union infringing the principle of subsidiarity is raised.

15.  Persons authorized by the Seimas or representatives of the Government shall present oral or written reports on the Seimas appeal the Court of Justice of the European Union and the implementation of the opinions, referred to in paragraph 14 of this Article, of the Committee on Foreign Affairs or the Committee on European Affairs at sittings of the Committee on European Affairs or the Committee on Foreign Affairs, the Committee on Legal Affairs, another specialized committee to which the draft application of the Seimas to the Court of Justice of the European Union has been forwarded for consideration. 

Decription de la procédure (sur la base des réponses de la Seimas au questionnaire pour le 14ème rapport semestriel de la COSAC) (en anglais).