Brussels, 9 February 2012
Statement regarding the "Treaty on Stability, Coordination and Governance inthe Economic and Monetary Union"
Dear Green friends,The Greens/EFA Group in the European Parliament has discussed the "Treaty onStability, Coordination and Governance in the Economic and Monetary Union" atseveral occasions and has sought the opinion of different legal experts on the matter.Yesterday we discussed the Treaty together with those legal experts and we wouldlike to share with you what has emerged from our discussions and assessments. Weare also most interested in having your feedback and comments.First of all, almost all of the content of this intergovernmental Treaty can and - to alarge extent - has already been achieved through EU law and in those aspects theTreaty is superfluous and brings little added value.Secondly, some provisions of this Treaty may violate EU law meaning that no legalcertainty will be obtained by this agreement.
As regards the foreseen "reversed majority vote" the compatibility witharticle 126 (13) TFEU, which provides explicitly for a "positive" qualifiedmajority vote, can be questioned. Furthermore this "commitment tosupport the proposals or recommendations submitted by the EuropeanCommission" risks bypassing the Economic dialogue foreseen in article 2aof Regulation 1467/1997 as amended by Regulation 1177/2011 (part of theso-called "Six-pack") and would undercut even the minimal rights of theEuropean Parliament established therein.
The scope of article 273 TFEU is rather limited for the European Court of Justice to act upon and it cannot mirror an infringement procedure inwhich the Commission plays a crucial role. The European Court of Justice's power to rule on non compliance with Article 3(2) may thus bevery limited and ineffective.
Furthermore where the Treaty provides for a conferral of new tasks andresponsibilities on EU institutions outside the framework of EU law thismay also pose legal problems.
With regard to the Euro-summit, which is introduced as a new institutionwith a limited membership, the question arises as to whether this does not