EXPLANATORY STATEMENT

Explanatory Statement explaining the background to the European Parliament’s ‘DRAFT REPORT on proposals of the European Parliament for the amendment of the Treaties (2022/2051(INL))’, compiled by the Committee on Constitutional Affairs.

Rapporteurs: Guy Verhofstadt, Sven Simon, Gabriele Bischoff, Daniel Freund, Helmut Scholz

This report follows Parliaments resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties. It reiterates Parliament’s call for the amendment of the Treaties and call on the Council to immediately and without deliberation submit Parliament’s proposals to the European Council. Furthermore, it calls on the European Council to convene a Convention in accordance with the ordinary revision procedure provided for in Article 48(2) to (5) of the Treaty on European Union (TEU), as soon as possible.

The current Treaties entered into force on 1 December 2009. Since then the European Union has faced unprecedented challenges and multiple crises, in particular Russia’s war of aggression against Ukraine. The proposals in this report aim to reshape the Union in a way that will enhance the Union’s capacity to act and strengthen its democratic legitimacy and accountability.

On 9 May 2022 the Conference on the Future of Europe (COFE) finished its work and presented its conclusions. Those conclusions contain 49 proposals and 326 measures, The European Parliament welcomed the conclusions of the Conference on the Future of Europe of 9 May 2022 and noted that several of the Conference proposals require amendments to the Treaties.

The European Parliament, the Council and the Commission have committed to following up effectively on the conclusions of the Conference, each within the remit of their competences and in accordance with the Treaties.

Without aiming to be exhaustive and focusing in particular on conclusions of the Conference on the Future of Europe that require institutional reforms, the COFE proposals listed below have been taken into account in the proposals for the amendment of the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality:

COFE proposals 39.1 (21.1 for CFSP, 6.7 for environment e.a) on reassessing decision- making and voting rules (in particular replacing decision-making by unanimity by qualified majority voting) have been taken into account in the proposals for the amendment of Articles 7, 16, 24, 29, 31, 42, 46, 48 of the TEU as well as the proposals for the amendment of Articles 19, 22, 23, 64,70, 77, 81, 83, 86, 87, 88, 113, 115, 121, 126, 153, 192, 194, 207, 218, 222, 223, 226, 234, 238, 245, 246, 247, 262, 286, 294, 311, 312, 329, 330, 333, 342,346, 352, 353 and 354 TFEU.

COFE proposal 25 on rule of law, democratic values and European identity, proposal 13.6 on gender equality and proposal 48.2 on language diversity have been taken into account in the proposals for the amendment of Articles 2, 3, 7, 13, 49 TEU, as well as Articles 8, 10,19, 24 a (new), 157, 179 and 354 TFEU.

COFE proposals 36, 37, 38.2, 38.3, 38.4, 46.1, 47.2 on strengthening citizens’ rights and participation, information and youth (including an EU wide referendum) have been taken into account in the proposals for the amendment of Articles 10, 11, 48, 54, TEU, as well as Articles 4, 20, 22, 24, 26, 79, 263 and 294 TFEU.

COFE proposal 38.3 and 38.4 on strengthening links between citizens and their elected representatives, in particular on giving citizens a greater say on who is elected as President, amending EU electoral law, giving Parliament a right of initiative and allowing it to decide on the budget as is the right of parliaments on national level, have been taken into account in the proposal for the amendment of Article 17 TEU, as well as proposals for the amendment of Articles 78, 223, 225, 226, 234, 247, 259, 285, 286, 294, 311 and 312 TFEU.

COFE proposal 39.2 and 22.1 on the transparency of EU decision-making has been taken into account in the proposals for the amendment of Articles 10, 11, and 16 TEU, as well as Article 15 TFEU.

COFE proposals 38.4, 39.2, 39.5, 39.6, 40.3 and 40.5, as well as 11.3, 13, and 36.8 advocating a more inclusive decision-making process, strengthening, inter alia, the role of social partners, have been taken into account in the proposals for the amendment of Articles 10, 11 TEU, as well as Articles 9, 121, 151,153, 166 and 299 a (new) and following TFEU.

COFE proposal 39.3 on considering changing the names of EU institutions, to clarify their functions and respective role in the EU decision-making process for citizens, has been taken into account in particular in the proposal for the amendment of Article 17 TEU. These changes should apply throughout the Treaties.

COFE proposals 2, 3, 4, 6.7, 8.3, 11, 12, 13, 14, 18 , 23,24, 41,42, 43, 46.1 on strengthening the competences, role and action of the EU in the areas of climate change, environment, biodiversity, health, civil protection, industry, education, energy, foreign affairs, external security and defence, external border policy in an area of freedom security and justice, migration, cross border infrastructure, single market, economy, social policies and labour market, trade and investment and science and technology have been taken into account in the proposals for the amendment of Articles 3, 21,29,42,43,45, and 46 TEU, as well as Articles 3,4, 9, 11, 43, 67, 77, 79, 83, 88, 108, 113, 119, 126, 148,151, 151 a (new), 153, 165, 168, 179, 189, 191, 194, 206, 207, 218, 222, 258, 259, 260, 263, 275 and 352 TFEU

COFE proposal 40.1 and 40.2 on active subsidiarity and the role of national parliaments have been taken into account in the proposals for the amendment of Article 19 TEU and Article 263 TFEU as well as the proposals to reinforce Protocol No 2 on the application of the principles of subsidiarity and proportionality and integrate it into the TFEU (Articles 299 a (new) TFEU and following).

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