EU Internal Security (bijlage bij 21501-20,nr.1450) - Hoofdinhoud

Officiële titel	EU Internal Security (bijlage bij 21501-20,nr.1450)
Document­datum	03-05-2019
Publicatie­datum	06-05-2019
Nummer	2019D18473
Kenmerk	21501-20, nr. 1450
Externe link	originele PDF
Originele document in PDF

This policy paper is part of a series of six on the priorities of the Netherlands for the EU for 2019-2024

EU Governance: towards a future proof EU based on values and focused on results

Key points regarding the functioning of the EU for the priorities the Netherlands is of the opinion that ideas regarding coming legislature the functioning of the EU should also be embedded in the Strategic • Union of values: Rule of law is a key priority. The EU Agenda . The Netherlands wants a future-proof, effective and

instruments need to be protected and if possible enhanced. robust European Union, an EU of results and values. An EU that is • Constant monitoring of the functioning of the EU to ensure it accountable and gives and takes responsibility. The rule of law, the

delivers through: functioning of the EU institutions and agencies, subsidiarity and

• • 

  Pressing forward with the clustering model as introduced in transparency are, amongst others, essential for a well-functioning 2014 with the aim to come to a comprehensive working EU and should be included in the Strategic Agenda.

method.

• • 

  As guardian of the treaties, the Commission must objectively Union of values: Rule of Law

safeguard compliance with the rules. Respect for human rights, freedom, equality, democracy, human

• • 

  Implementation and enforcement: Member States (good dignity and the rule of law are fundamental values of the EU. governance) and the Commission (objective enforcement) These values are ingrained in Europe’s identity. Common rules are have to improve implementation and enforcement. applied effectively and unconditionally, everywhere and at all

• • 

  Better Regulation – Subsidiarity and proportionality should times. Similarly, for policy concerning freedom, security and justice be permanently embedded in the Commission’s working mutual trust between the Member States and their legal systems methods and ambitions. is crucial.

• • 

  Governance of EU agencies needs to be reviewed.

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  Transparency: open up the EU decision making process, • EU instruments to monitor, promote and enforce the rule of law without compromising the necessary space to think. need to be protected, and if possible enhanced. This includes

• • 

  National parliaments: explore possibilities for an informal the infraction procedures as to ensure EU law is upheld

‘green card’ and extend the deadline for national parliaments including in the field of Rule of Law.

to submit opinions concerning the subsidiarity principle. • Rule of law conditionality should be part of the new Multiannual

Financial Framework.

Strategic Agenda • An effective and efficient peer review mechanism on the rule of

The Netherlands has identified five central themes which should law could be set up to intensify the dialogue between Member be given priority in the EU: migration, security, a strong and States on strengthening the rule of law throughout the EU. sustainable economy that offers protection, climate policy, and protecting values and interests abroad. Next to these five

EU Governance: towards a future proof EU based on values and focused on results

Form to follow function 1. Internal Market: non-uniform implementation and

The EU organisation must be geared to achieving its objectives. differentiated enforcement or lack of enforcement lead to barriers experienced by entrepreneurs. Objective and

• • 

  Pressing onwards with the cluster model introduced in 2014 is transparent enforcement and a more facilitative role by the helpful in implementing such a comprehensive working Commission are needed;

method. In this model, the Vice-Presidents of the Commission 2. Labour mobility and worker’s rights: insufficient cooperation

bear responsibility for the political priorities, and have the between Member States (e.g. in exchange of data) causing an

authority to take decisions that are binding on the other uneven playing field and insufficient protection of labour rights;

Commissioners in the same team. 3. Cross-border food security and (prevention of) food fraud:

• • 

  The Commission should explore ways of applying an integrated speedy intra EU sharing of information is lacking; working method to its administration as well, so as to enhance 4. Environmental legislation: continued focus on adequate flexibility in its services. enforcement, and further improving the enforceability of

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  The Commission is encouraged to seek options to better environmental legislation. separate its work within its two mandates, legislative and 5. Animal welfare: unclear definitions in regulations lead to enforcement respectively. differences in implementation;

• • 

  A Comprehensive approach to migration by the EU: Internal and 6. Cross-border enforcement of criminal and administrative external migration policy must be seamlessly interwoven, as pecuniary sanctions.

must the deployment of instruments and resources. • This stocktaking shows an array of problems for which specific

solutions are necessary. It requires Better Regulation and

Enforcement and implementation sometimes better enforcement, or both.

A strong EU consists of strong Member States. These Member • The new Commission should undertake a substantial analysis in States bear the responsibility for the implementation and which areas and through which measures implementation of EU enforcement of EU law (good governance). Democratic, fair and law can be improved. effective public administration instils popular trust in government

institutions, which is essential to the proper functioning of the Better Regulation – subsidiarity and proportionality

Union and society as a whole. Furthermore, stability and resilience • The current Commission has embedded the concepts of to shocks are strengthened when agreements are firmly subsidiarity and better regulation at the heart of its work. The implemented and complied with. new Commission should carry on with the Better Regulation

agenda, so as to permanently embed it in the Commission’s • The Commission oversees the application of the treaties, and working methods and ambitions.

should where necessary use its enforcement powers. The • To ensure this, Better Regulation should be the responsibility of

ground for enforcement should be based on impartial, objective a/the First Vice-President.

and evidence based information, to ensure the uniform • All new legislation should be accompanied by a substantial

application of EU law. impact assessments that includes various options for EU action, • Improvement of enforcement capabilities of the Commission in including no action.

a balanced way, providing Member States sufficient room to

enforce in the most efficient way, and taking into account their Governance of EU Agencies

national systems wherever possible. • The Common Approach that was agreed in 2012 should be

• • 

  Consider measures at the EU level to support or encourage updated to make the agencies more effective and accountable. Member States to fulfil their responsibilities.

• • 

  The Commission could facilitate a dialogue between Member Transparency

States on how the administrative capabilities could be enhanced Transparency is key to strengthening the democratic legitimacy of

and through which best practices can be exchanged. the EU’s decision making and support for EU decisions in

• • 

  Encouraging the use of the EU pilot, as to continue the close particular where the EU exercises its legislative functions. cooperation with Member States in finding practical and speedy

solutions to enforcement questions. • All parties concerned should continue on the steps taken to

• • 

  A stock-taking of areas where enforcement and/or effective and build a modern and coherent transparency policy for the new uniform application of EU law needs to be improved resulted in legislature, without compromising the necessary space to think the following list, that could be expanded further: and within boundaries of the legislative framework.

EU Governance: towards a future proof EU based on values and focused on results

National parliaments

Getting the public involved in European decision making is essential to ensuring a robust, united and democratic Europe.

National parliaments are a main linking pin between their constituency and the EU.

• • 

  The EU institutions should explore the possibilities, within the existing treaties and existing instruments, for national

parliaments to promote their wishes and ideas for new

European policy and legislation (a ‘green card’ procedure).

Particularly with a view to facilitating joint initiatives by national

parliaments.

• • 

  The Commission should to be more flexible about the deadline for national parliaments to submit opinions concerning the

subsidiarity principle, within the limits of the existing treaties.

This is a publication by the Ministry of Foreign Affairs of the Netherlands

March 2019 | cd1217nb001