Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-09-01-Speech-1-096"
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"en.20030901.7.1-096"2
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"Mr President, I must begin by congratulating Mr Koukiadis on his excellent report. This report takes real care to specify the details of such a delicate issue.
The report quite rightly separates the specific notions from what is the essential notion for the Community's action by asking the Member States to establish penalties, where necessary. That notion is the duty of loyalty enshrined in Article 10 of the Treaty establishing the European Community.
It also takes care to stress – as the Commission has just done – the peculiar (to put it mildly) situation represented by the twin possibility of using, on the hand, Title VI and, on the other, the first pillar. It insists, furthermore – as Parliament has always done and as is quite right – that, wherever possible, the first pillar should be used. This is, moreover, without prejudice – as the Commissioner has also just stressed – to the great progress represented by the establishment in the European Constitution of the disappearance – formally at least – of the pillars and of an approximation of the third pillar to the characteristics of the first pillar. This is an issue which – and I fully agree with Commissioner Bolkestein – we must try to maintain during the Intergovernmental Conference.
My group supports this text by Mr Koukiadis which, furthermore, has been very flexible by stipulating two of the points on which we asked, definitively, for an application of the principle of proportionality. In other words, application of penalties is not demanded if the same end can be achieved by means of other legal instruments. In certain cases it will be necessary to use penalties, but we must always try to ensure that the law does not apply the most serious penalty if the objective can be achieved by means of the least serious one. This has been suitably taken up by Mr Koukiadis in his report and I would like to thank him for that.
I therefore believe we are left with a balanced report, a report which reflects the constant concern of the Commission and of this Parliament that Community law should not be a
that it should be an effective law, and there can be no effective law without penalties, without the possibility of demanding compliance with the law by means of relevant actions in the event that it is violated.
I would like to congratulate the rapporteur once again and I am confident that a vast majority of this Parliament will vote in favour of the text of his report."@en1
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