Statement by Mr. Roberts Zīle, the alternative representative of the Government of the Republic of Latvia at the Convention
March 17, 2003 Honourable Mr. President, distinguished colleagues, At the outset let me thank the Praesidium, members of the Convention and Working Group on the simplification of the legal instruments and procedures for their valuable investment into the elaboration of the new draft articles. As we can see from the draft, considerable progress has been done in order to achieve the goal - to simplify the legal instruments and the legislative procedures and to make them more understandable. Nevertheless, I would like to turn your attention to the certain aspects as regards a number of the provisions, contained in the draft project. Firstly, as regards the definition of the European regulation. In my view, the new document should contain more precise definition of this term, explaining, that this legal instrument is meant to serve for double purposes- both for the implementation of the legislative acts, and, as a form of the delegated acts. Secondly, In my opinion, as it derives from the legal framework of the draft project, certain problems could arise when it will be necessary to adopt EU legal instruments for the implementation of the European framework laws, or, if the elaboration of the delegated regulation is needed. In order to avoid this, alongside with the direct applicability, European Regulation should also carry its binding force as regards the result to be achieved, thus, the forms and the methods of the accomplishment of the result should remain in the competence of the Member States. Thirdly, in relation to the definition of the delegated acts, I think, that in the Article 27 it is not correct to state, that the delegated acts has the power to amend the legislative acts. It could create a misleading interpretation on the ability of legal act of lesser force to amend the legal act, which has higher position in the hierarchy of EU legal instruments. Finally, I am looking forward to come again to the discussion on legal instruments as soon as the specific clauses will be presented, as the draft before us actually provides the general notions of the EU legal instruments. I thank you for your attention.
|
