Meetings of the 3/4 and 11/12 of october 1994

During its last two sessions, the institutional committe has been very busy trying to find an agreement among the different groups representatives on the working programme in view of the reforms of 1996 (still..); different options remain open, discussions and negotiations are still going on, even if time is running short and all parts are getting more and more impatient to find a formulation able to accomodate the two big groups. Different proposals have been tabled, discussed, amended and then invariably thrown in the dustbin.

Beside the never ending story of the working programme, the institutional committe has dealt with two other important issues: the Commission nomination procedure and the opinion to the juridical committee on the directive on the municipal elections.

1. M. Fernand HERMAN, appointed by the committee as its "follower" on the new procedure for the european Commission (according to art. 158 of the Maastricht Treaty), stressed the numerous problems posed by implementing this procedure, wondering if, given that the EP has not yet received the list of Commissioners appointed or the portfolios being envisaged for each, Parliament should put off until later its final approval of the new Commission. Indeed, because of this delay, Parliament could not be able to organize the hearings of the appointed Commissioners by the relevant parliamentary committees.

Moreover, there is the problem of the insertion and of the "reservation" of the portfolios for the Commissioners from those applicant states that have not yet celebrated their referendum. M. HERMAN proposed, and most of the committee agreed, that if the situation did not change the EP could postpone its vote and the current Commission could remain in place until the new one is ready to function.

A long discussion took place on the issues that the EP should most consider when deciding to give its approbation to the new Commission: political programme, also in view of the 1996 IGCs, chosen personalities and criteria of attribution of the portfolios, procedure in the committee.

The adoption of the document, to be sent to the President of the Parliament, is foreseen for next October the 24 in Strasbourg.

An early response to M. HERMAN proposal was given by the Conference of the Presidents of the political Groups who decided, on thursday October the 13th, that the vote on the new Commission will be taken on January the 18th, so as to allow the new Union EP and Commission members to fully participate.

2. The committee voted on the opinion report by the portuguese socialist Antonio VITORINO on the proposal for a directive on the right to vote and elegibility in municipal election for the European Union citizens residing in another member state. The EP has a merely consultative power on the matter and the committe on legal affairs is competent as to the substance of the issue wheras the institutional committee has to draft an opinion.

Among the most controversial issues of the directive are the provisions reserving access to the posts of major and towncouncil members to nationals and the exemptions to Luxembourg (which has 20% of non national electors).

By adopting -after a long debate- two amendements by Dominique SAINT-PIERRE et Gianfranco DELL'ALBA of the European Radical Alliance, the majority of the institutional committee took the view that non-nationals should be able to become mayor or town council members. M. SAINT-PIERRE expressed his opposition to any distinction between the right to vote and elegibility and to "a two speed Europe" in matters of citizenship.

** SOME FURTHER INFORMATION ON THE DIRECTIVE ON LOCAL ELECTIONS AND THE PROPOSALS OF THE LEGAL AFFAIRS COMMITTEE

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With a view to implementing art. 8B of the Maastricht Treaty, the Commission brought forward a proposal to allow EU nationals to vote and to stand as candidates in local elections in the EU countries where they live.

Art. 8B states: "Every citizen of the Union residing in a member state of which he is not a national shall have the right to vote and to stand as a candidate in municipal elections in the member state in which he resides, under the same conditions of the national of the State. "

According to the Commission, some five millions citizens of the Union are living in another Union country (these include 1.2 italians, O.84 portuguese, 0.63 Irish, 0.4 UK citizens).

The directive includes however some restrictions to these new rights: member states will be able to limit the position of maire and of town council members to their nationals and derogations are foreseen for Luxembourg where 29% of the population are of non-Lux origin: other EU citizens living in Luxembourg will have to comply with a minimum residence period of six years before being able to vote in council elections and twelve years before being able to stand as candidates.

The legal affairs committee, competent on the substance of the matter, voted on oct. the 7th on the report of Mme Ana PALACIO (EPP); the amendements of the legal affairs committee aim at enlarging the scope of a too "minimalist" directive, which leaves room for many derogations. On the two most controversial issues of the directive -the provisions reserving access to the posts of major and town council members to nationals and the exemptions to Luxembourg (which has 20% of non national electors)- the legal committee did not follow the opinion of the institutional committee.

The legal affairs committee rejected on a very close vote the abolition of restrictions to the right of elegibility and proposed to apply them solely to the posts of maire and deputy maire. Such restrictions apply to countries like France, where these functions are reserved to state sovereignty, concur to the election of the State senators and have powers of police.

On the other hand, whilst the institutional committee was ready to accept derogations for countries where non-national population reaches 20% of the total population, the legal committee proposed to abolish them, because they introduce a discimination amongUnion's citizens. Finally, the legal affairs committee proposed to amend the draft directive also on the points concerning the inscription to the lists and the nature of the vote.

The vote on the directive will take place in Strasbourg on wednesday, October the 26th.