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28.5.1999 EN Official Journal of the European Communities C 150/359 Thursday 11 February 1999 40. Takes the view that the Member States must focus on reaching agreement on a method for the objective assessment of the balances to be maintained and proposes, in that connection, the establishment of a fixed ratio linking two changing percentages: the percentage of votes in the Council held by the most populous Member States and the percentage of the total population of the European Union accoun
  Thursday 11 February 1999 28.5.1999 EN C 150/359Official Journal of the European Communities40. Takes the view that the Member States must focus on reaching agreement on a method for theobjective assessment of the balances to be maintained and proposes, in that connection, the establishmentof a fixed ratio linking two changing percentages: the percentage of votes in the Council held by the mostpopulous Member States and the percentage of the total population of the European Union accounted forby those same Member States; the allocation of additional points to Member States with too few votes bycomparison with their population would be determined by the fall in the ratio and would serve merely torestore it to its previous level; Transparency 41. Reiterates that, if the democratic requirement stipulating that the work of the Council must betransparent is to be met, the vote in connection with every substantive legislative, budgetary orimplementing decision reached by the Council must take place in public, along with the accompanyingdeliberations and explanations of vote, with the exception of decisions in the sphere of the CFSP if thepublication thereof would run counter to their effective implementation;42. Calls on the Council to revise its internal Rules of Procedure accordingly with a view to abolishingthe exceptions to the principle of publication set out in Rule 7(5); Implementation 43. Reiterates its view that it should not be incumbent on the Council and its committees, but rather onthe Commission, on the one hand, and the Member States, on the other, to implement legislative andbudgetary decisions; draws attention, in this connection, to the terms of its resolution of 16 September1998 on commitology ( 1 ) and emphasises in particular the need for symmetry between the rights of Parliament and the Council as regards the scrutiny of measures taken to implement legislative acts;44. Urges the Member States to establish an effective hierarchy for the implementation of CFSPdecisions, which will require:− the redistribution and unification within the Commission of responsibility for international action;− a greater role for the planning and early warning unit in the coordination of measures to implementCFSP decisions and the development of synergy between it and the Commission’s internationalservices;− consolidation of the political role of the High Representative, who should eventually become amember of the Commission;** *45. Instructs its President to forward this resolution to the Council, the Commission and thegovernments and parliaments of the Member States and the applicant countries. ( 1 ) OJ C 313, 12.10.1998, p. 101. 5. Strengthening EU institutions A4-0034/99Resolution on strengthening the Union’s institutions with a view to establishing an area of democracy and liberty The European Parliament  ,− having regard to its resolution of 10 December 1996 on the participation of citizens and social playersin the operation of the European Union’s institutional system ( 1 ),− having regard to its resolution of 19 November 1997 on the Treaty of Amsterdam (CONF 4007/97 −C4-0538/97) ( 2 ), ( 1 ) OJ C 20, 20.1.1997, p. 31.( 2 ) OJ C 371, 8.12.1997, p. 99.  Thursday 11 February 1999 C 150/360 EN 28.5.1999Official Journal of the European Communities− having regard to its resolution of 22 October 1998 on preparations for the meeting of heads of stateand government of October 1998 on the political future of the European Union ( 1 ),− having regard to Rule 148 of its Rules of Procedure,− having regard to the report of the Committee on Institutional Affairs and the opinion of the Committeeon Civil Liberties and Internal Affairs (A4-0034/99),A. whereas the obstacles to the process of institutional reform encountered at Amsterdam, particularlywith regard to extending the system of qualified majority voting, are mainly due to the fact that noserious thought has been given to the objectives of integration,B. whereas it will not be possible to construct a democratic Europe unless its citizens are recognised notonly as being the direct beneficiaries of the integration process, but also as subjects who help toformulate common choices,C. whereas it falls to Parliament, therefore, to ascertain the extent to which the People’s Europe thatemerges from the Treaty of Amsterdam represents an area of freedom and democracy, and to providethe impetus for improving it,D. whereas, after a period of five years following the ratification of the Treaty of Amsterdam, it will bepossible for the Council to adopt provisions relating to areas covered by Title IV (ex IIIa) by aqualified majority under the codecision procedure,E. whereas, during a transitional period of five years following the entry into force of the Treaty of Amsterdam, it will be important to make use of all the new possibilities offered by that Treaty in orderto introduce common legislation as quickly as possible on all matters connected with the freemovement of persons,1. Notes that the Treaty of Amsterdam constitutes, in many regards, a further step towards theestablishment in the European Union of an area of freedom and democracy, since it:− strengthens the guarantees provided at European level for the respect of fundamental rights byenabling the European Court of Justice to refer to the European Convention for the Protection of Human Rights, and by introducing a procedure to impose penalties on Member States responsible forviolations of human rights, and a legal basis for the implementation of the principle of non-discrimination,− reinforcing the social dimension of European integration by establishing the coordination of nationalemployment policies at European level and by incorporating in the Treaty the requisite legal bases forthe formulation of social legislation, which were previously confined to the protocol of 14 MemberStates on social policy,− heralds the prospect of effectively implementing the free movement of persons by inserting in theTreaty a title concerning controls on persons crossing external borders, the abolition of controls atinternal borders, asylum and immigration;2. Considers, however, that these advances ought to be brought together within an overall plan for theprospective European area of freedom and democracy;3. Considers that it is necessary, if such an area is to be established on the basis of these principles:− to specify European society’s common objectives,− to upgrade the rights accorded to European citizens as such,− to reinforce the rights of minorities, in full compliance with the European conventions,− to determine the most appropriate legal procedures and instruments for the implementation of suchrights,− to arrange for citizens to participate in the creation and progressive entrenchment of this area; Freedom of movement 4. Regards free movement of persons as the cornerstone of the European area of freedom anddemocracy; ( 1 ) Minutes of that sitting, Part II, Item 2.  Thursday 11 February 1999 28.5.1999 EN C 150/361Official Journal of the European Communities5. Notes that the Treaty of Amsterdam does not specify the political objectives to be taken into accountwhen establishing the means whereby freedom of movement is to be implemented, particularly withregard to visas, asylum, immigration and judicial cooperation in civil matters;6. Notes that the requirement for the Council to take decisions under Title IV (ex IIIa) of the EC Treaty(visas, asylum, immigration and freedom of movement) on the basis of unanimity during the first fiveyears will stand in the way of progress with regard to the crossing of frontiers and in asylum andimmigration policy;7. Takes the view that progress in the field of freedom, security and justice must be accompanied by thenecessary democratic and judicial guarantees;8. Urges the Council, therefore, to start applying the Community method well before the agreed date inthe field of freedom, security and justice, and in particular to start taking decisions jointly with theEuropean Parliament (codecision); calls on the Commission and the Council to launch a dialogue withParliament as soon as possible with the aim of concluding an interinstitutional agreement ensuring thatParliament’s amendments are taken into account and helping to bring these matters as quickly as possiblewithin the scope of the codecision procedure;9. Urges Member States to resist the temptation of off-loading their responsibilities in this field on to‘Brussels’, while also taking advantage of the absence of obligatory parliamentary monitoring of measuresrelating to the free movement of persons; calls, therefore, on the Council to organise its work in this fieldin accordance with the principles of transparency and legal certainty;10. Regrets the limits that are placed on the Court of Justice under the new Title;11. Regrets that the Schengen acquis has still not been completely incorporated in the first pillar andstresses the need to remedy this shortcoming before the Treaty of Amsterdam is finally ratified;12. Calls on the governments of Denmark, Ireland and the United Kingdom to participate inCommunity arrangements in this area from the outset;13. Calls for the objective of a high level of security cited by the Treaty of Amsterdam in relation topolice and judicial cooperation in criminal matters advocated to be defined more broadly and applied to allaspects of the free movement of persons, as well as the principal Community freedoms established inconnection with the internal market;14. Considers that it is necessary, to attain this objective, to adopt legislation designed to provide thecitizen with guarantees at European level equivalent to those provided at national level; considers, inparticular, that:− as the free movement of persons leads to the establishment of personal relations between people of different nationalities, there should be special efforts to coordinate civil legislation (e.g. on divorce),− the free movement of workers calls for the rules relating to retirement provisions to be improved,− the free movement of goods should be supplemented by provisions to ensure effective consumerprotection;15. Emphasises that, to be effective, the free movement of persons must apply not only to Europeancitizens, but also to nationals of third countries who have entered the Union legally or are legally residentin the Union;16. Undertakes to provide for the most far-ranging discussion possible among its members with a viewto establishing common choices in these areas, a task which is all the more urgently required in view of theUnion’s prospective enlargement;17. Notes that, in view of the intergovernmental nature of cooperation in the field of justice and thepolice, progress depends to a large extent on the political will of the Council and the Member States;18. Calls on the Commission to actively make use of its newly acquired right of initiative in this area;19. Urges the Council and the Member States to improve the legal protection of citizens and inparticular to make the declaration needed so that appeals may be lodged with the European Court of Justice under the preliminary ruling procedure;20. Calls on the Member States who so wish to make extensive use of the possibilities offered to themby Article 35 (ex K.7) EU for developing closer cooperation amongst themselves in areas which are part of the third pillar.  Thursday 11 February 1999 C 150/362 EN 28.5.1999Official Journal of the European Communities Social rights 21. Notes that, in spite of the differences between them, a major strand of the Member States’ sharedidentity is the link they have maintained between the market economy and social concerns;22. Believes that public opinion will perceive the development of the internal market and the singlecurrency, which have already given proof of being genuine pillars of stability of the world economy, assomething positive and necessary;23. Considers that freedom of movement must be accompanied by the establishment of a minimumcommon basis of rules on employment rights and social protection and, to that end, the Charter of fundamental social rights adopted in Strasbourg on 11 December 1989 must be implemented in its entiretywithin five years of the entry into force of the Treaty of Amsterdam;24. Confirms its commitment to the implementation of an effective policy of equality between men andwomen, not only with regard to employment, but also in all areas of economic, legal and social life;25. Solemnly states that the concept of European integration is based on solidarity between theMember States; enlargement to embrace the countries of central and eastern Europe should not beregarded as an extension of the internal market, therefore, but as a duty imposed by the requirements of European integration and solidarity; Political citizenship 26. Welcomes the commitment of the German Presidency in favour of a European Charter of Fundamental Rights and undertakes to contribute to this work, on the basis of its Draft Constitution of 1994;27. Considers that European citizenship implies a direct link between citizens and the Unioninstitutions, and that it is therefore necessary to develop the role of representatives of all sectors of European society;28. Is of the opinion that the Union needs a Directive on public access to its administration, detailingwhat rights the public has to information about the Union and its institutions;29. Considers that European citizenship implies active participation by citizens in the democraticfunctioning of the European institutions; in this connection regards as essential the role of transnationalpolitical parties, which should be recognised and promoted by conferring upon them a legal status andgranting them from the Union budget the financial resources they need to perform their tasks;30. Considers that it is necessary to recognise that European citizens have a right to freedom of expression and a right to the most accessible information possible;31. Recalls many occasions on which it has declared its support for the adoption of a statute forEuropean associations, to make it easier for organisations representing civil society to express their views;suggests, moreover, that encouragement should be given, for example, to the establishment of networks of services in the public interest, local projects or cooperation at local level;32. Proposes that all the rights conferred on citizens by membership of the European Union should bebrought within the ambit of a specific treaty title on ‘citizens’ rights’; calls on the Commission to study thepotential legal and budgetary consequences of recognising that such rights have direct effect, and toincorporate its findings in its contribution to the forthcoming institutional reform, which it intends to drawup in 1999;** *33. Instructs its President to forward this resolution to the Commission and Council.
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