1. The Treaty of Lisbon and the role of national parliaments

1.1Reiterating its support for the Treaty of Lisbon, COSAC welcomes the clear andpositive result of the Irish referendum on 2 October, which opens up for a rapid conclusion ofthe ratification process.1.2In light of the prospects for an early entry into force of the Treaty of Lisbon,COSAC sees no need at this point to decide on further pilot exercises concerning subsidiaritychecks. COSAC calls on the incoming Spanish Presidency to reflect on possible forms offuture parliamentary cooperation in this regard. COSAC recalls in this context the conclusionsof the XL COSAC in Paris on the cooperation between national parliaments on the scrutiny ofthe application of the principles of subsidiarity and proportionality. It notes the need toconsolidate well-functioning procedures with the European Union Institutions.Referring to the conclusions of the XLI COSAC in Prague on the parliamentaryoversight of Europol and evaluation of Eurojust, COSAC welcomes the upcoming JointParliamentary Meeting co-organised by the European parliament and the SwedishRiksdag.COSAC further calls on the incoming Spanish Presidency to give priority to continuing thediscussion on this matter.

2. Evaluation of the subsidiarity check

2.1COSAC welcomes the result of the coordinated subsidiarity check on theProposal for a Council Framework Decision on the right to interpretation and to translation incriminal proceedings (COM (2009) 338). Within the agreed 8-week deadline the check wascarried out by 21 parliaments and parliamentary chambers from 17 Member States. A numberof parliaments concluded the check after the deadline. Two parliaments and one parliamentarychamber found the Proposal to be in breach of the principle of subsidiarity.COSAC underscores that the parliamentary recess was the main difficulty for anumber of parliaments in completing the subsidiarity check on time. Therefore COSACreiterates its conclusions from Paris and Prague and welcomes the informal commitment fromthe European Commission to deduct the 4 weeks of the month of August from the calculationof the deadline for receipt of reasoned opinions.2.2COSAC notes that parliaments found that a drawback of the Proposal was itsjustification on the grounds of compliance with the principle of subsidiarity. The justificationwas considered too general, lacking quantitative or qualitative indicators to substantiate theneed for the Proposal. Some parliaments were not convinced about the added value of theProposal in relation to the provisions of the European Convention on Human Rights and thecase law based on it.

2.3The COSAC Chairpersons decided at their meeting in Paris on 7 July 2008 thata subsidiarity check should be conducted on the Proposal for a Regulation of the EuropeanParliament and of the Council on the applicable law, jurisdiction, recognition of decisions andadministrative measures in the area of succession and wills. This check will begin when theproposal has been adopted by the Commission; the adoption is scheduled for 14 October2009.2.4COSAC notes with satisfaction that the coordinated subsidiarity checks havegenerally proved to be useful as a complement to the parliamentary scrutiny undertaken byeach parliament. The coordinated checks have also been helpful in preparing parliaments forparticipation in the subsidiarity checks to be conducted under the provisions of the newTreaty.

4. Appointment of the Permanent Member of the COSAC Secretariat

4.1At the meeting of the COSAC Chairpersons in Stockholm on 6 July 2009, it wasagreed that a decision on the appointment of the permanent member of the COSACSecretariat for the period until 31 December 2011 should be taken in Stockholm on 5 October2009.4.2COSAC welcomes the decision of the Chairpersons on 5 October to re-appointMs Loreta Raulinaitytėas the permanent member of the COSAC Secretariat for the secondterm. Ms Raulinaitytė has won appreciation as a competent and efficient member of theCOSAC Secretariat. COSAC thanks her for her readiness to continue her work in thesecretariat and theSeimasof the Republic of Lithuania for renewing its commitment tofacilitating and funding her secondment to the post.4.3In this context, COSAC recalls the decision at the meeting of the COSACChairpersons on 6 July 2009 that the present scheme on co-financing of the post of thepermanent member of the COSAC Secretariat and the costs of running COSAC's office andwebsite should be continued until 31 December 2011. The Chairpersons further agreed that allnational parliaments should be invited to send a letter of intent to the COSAC Presidencyindicating their willingness to continue their participation in the scheme until that date.COSAC welcomes that letters of intent from 17 national parliaments have already beensubmitted and calls upon the remaining national parliaments to send their letters of intentbefore the end of 2009.4.4Moreover, COSAC expresses its gratitude to the European Parliament forcontinuing to provide the COSAC Secretariat with suitable office facilities at its premises inBrussels.

1. Institutional issues and the Treaty of Lisbon

1.1Having reached its 20thanniversary, COSAC is pleased to have its roleenhanced as a forum for parliamentary cooperation and a place for the expression ofdeliberative democracy within the European Union, giving more possibilities for nationalparliaments to have a dialogue with the EU institutions and to make any appropriatecontribution to the European Parliament, the Council and the Commission.1.2Noting the progress achieved during the past 5 years in developing cooperationbetween national parliaments and the European Union Institutions, COSAC wishes to thankMs Margot Wallström, Vice-president of the European Commission, for her dedicated worktowards this end.1.3Given the approval of the Treaty of Lisbon by all chambers of the EuropeanUnion national parliaments after due deliberation and debate, although pending formalapproval by the Irish chambers, following the referendum on 2 October 2009, COSAC holdsthat the democratic legitimacy of this process cannot be questioned and should be recognisedby all parties. While respecting the constitutional requirements of all member states, COSACcalls for the entry into force as soon as possible of the Treaty of Lisbon.COSAC looks forward to cooperation with the European Union Institutions asreconstituted under the Treaty. COSAC welcomes the strengthened role of nationalparliaments laid down in the Treaty and emphasises the importance of the full, immediate andefficient implementation of the new Treaty once it comes into force, observing the time periodset out in the Treaties to allow for full and effective scrutiny by the national parliaments andby the European Parliament.1.4COSAC underlines the importance of establishing well-functioning proceduresbetween the European Union Institutions and national parliaments for the subsidiarity checksand for the parliamentary oversight of Europol and evaluation of Eurojust. In this context,COSAC reiterates the contributions of the XLI COSAC in Prague.1.5COSAC stresses that openness and accessibility remain crucial for the sense ofparticipation of European citizens. Increased transparency in the European Union Institutionsas well as in national parliaments is an important element in gaining acceptance of EuropeanUnion measures.

term growth and employment potential. The effects of the current decline have to be mitigatedand measures promoted that facilitate a rapid yet sustainable recovery. Further efforts arenecessary to improve the functioning of credit and capital markets. In the long term, Europeneeds a renewed strategy for sustainable growth and employment - a revitalised LisbonStrategy to transform the Union into an economy ready to reap the benefits of globalisation,while meeting the social and environmental challenges it presents. Efforts to prevent and limitjob losses should take the form of measures with a sustainable positive effect on employment.2.2COSAC supports the European Council’s response to the crisis in theconclusions from its June 2009 meeting and welcomes the comprehensive preparations, withthe extra informal summit on 17 September 2009, for the G20 meeting in Pittsburgh on 24September 2009.2.3COSAC notes with satisfaction that thorough preparations enabled the EuropeanUnion to play an active role in Pittsburgh. The Union contributed to a result which constitutesa step forward on the main features of a common regulatory framework and a moresustainable financial system, including measures countering unsound bonus practices.2.4COSAC welcomes the Commission’s recent proposals on a new architecture forEuropean financial supervision and underlines that the intended rapid conclusion of thenegotiations should not hamper the necessary parliamentary scrutiny.2.5With a view to the upcoming European Council on 29–30 October, COSACreiterates its warning against any kind of economic protectionism. Openness of world marketsand a successful conclusion of the Doha Round remain one of the keys to overcoming theglobal crisis.

3. The Climate challenge – the road to Copenhagen

3.1COSAC reiterates its conviction that the economic situation must not lead theEuropean Union to lower its ambitions in terms of sustainable development and the climatestrategy as adopted by the European Council. This includes being ready to give its fair shareto supporting the least developed countries in their efforts to cut carbon emissions andcontribute to the fight against climate change. An effective and sustainable architecture forfinancing this fight against climate change is essential.3.2The negotiations relating to the UN Climate Conference – COP15 – inCopenhagen in December 2009 are extremely complex. COSAC welcomes in general thestrengthening of the European Union as a global actor and notes with satisfaction that theUnion stands out as an ambitious, decisive an influential party to the Climate negotiations.The outcome of the Pittsburgh summit underlines that it is necessary for the European Unionto keep a leading role in the run-up to and during the Climate Summit. COSAC urges allEuropean Union Institutions and Member States to contribute towards creating a strongplatform for this leading role.

4. The Stockholm Programme

4.1COSAC notes that the Eurobarometer and other opinion polls suggest thatcitizens expect European initiatives in the area of freedom, security and justice. This includesasylum and immigration policy as well as the fight against human trafficking and other cross-border crime. Stressing that citizens should be at the heart of the new multi-annualprogramme, COSAC emphasises the need to keep the balance between law enforcementmeasures and measures to safeguard individual rights and the rule of law.4.2COSAC notes that these areas of fundamental importance to European citizensare at the core of parliaments’ responsibility. COSAC emphasises the importance ofparliamentary scrutiny and active participation during the negotiations of the StockholmProgramme and of all parts and elements to be decided subsequently, noting that the broadProgramme is scheduled to be adopted by the European Council on 10–11 December 2009.

5. Regional strategies and neighbourhood policy

5.1The proposed Strategy for the Baltic Sea Region aims not only at tackling theregion’s ecological and other specific challenges, but also at serving as a pilot project formacro-regional strategies. The model could in the future be applied in other regions with theirregional challenges, such as the Danube region. COSAC looks forward to the scheduledadoption of the Baltic Sea Strategy by the European Council on 29–30 October 2009.5.2COSAC reiterates its long-term support for the European NeighbourhoodPolicy, including the Eastern Dimension. COSAC welcomes the meeting to be organised bythe Committee on Foreign Affairs of the SwedishRiksdagon 21 October 2009 regarding theshaping of the parliamentary dimension of the Eastern Partnership.5.3COSAC also reiterates its support for the establishment of the Union for theMediterranean as an essential tool for ensuring peace, stability and security in theMediterranean Area and in the Middle East, notably for addressing immigration and energy.

6. Enlargement

6.1COSAC underlines the strategic importance of the continued European Unionenlargement process and welcomes Iceland’s application for membership. Recognising that aclear membership perspective is a major incentive for reform, COSAC stresses the necessityfor the European Union to stand by its commitments and established principles in this area,particularly the requirement to fulfil the Copenhagen Criteria for accession. COSAC noteswith satisfaction recent positive developments in already ongoing enlargement negotiations.---

Conference of Community and European Affairs Committees of

Parliaments of the European Union (COSAC)

CONCLUSIONS OF THE XLII COSAC

Stockholm, 4–6 October 2009