Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-02-20-Speech-3-241"

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"Mr President, ladies and gentlemen, the application of Community law is a key part of the ‘better lawmaking’ agenda launched by the Barroso Commission. For some time it has been a kind of Cinderella, lost amidst the fashion for impact assessments and cutting costs. One of the most important innovations that the Commission introduces in the communication concerns a ‘new’ working method. We have expressed many doubts about this new working method, which mostly consists of sending complaints directly back to the Member State against which the complaint is being made, in order to try to solve the problem. We expressed these doubts and the Commission gave us a few assurances that I hope we will also hear today, but we will be keeping a very close eye on the matter and truly hope that, on the issue of infringement procedures, transparency, the ability to ‘name and shame’ Member States and the joint work with Parliament, will bring progress. Mr President, at the end of the debate, I will speak again for two minutes to finish my speaking time. Today the Commission has started to rectify this, partly due to the pressure applied by Parliament. This is a procedure that, for years, has in many cases just been a kind of bureaucratic grind, where one infringement follows another without much ado, but it remains an absolutely essential procedure. The numbers speak very clearly. To date, around 2 518 infringement procedures have been initiated in the most diverse sectors, particularly the environment and the internal market. In addition to this there are the hundreds, thousands even, of petitions that the Parliament receives each year and that often refer to specific infringements of Community law, against which citizens feel helpless and therefore turn to Parliament. The question is: what chance do they have of receiving satisfaction? The infringement procedure is described by Articles 226 and 228 of the Treaty, and therefore there is not much scope for creativity. The rules in force condemn us to slow, muddled procedures where the most effective measure – a fine – is rarely applied and only after a very long time, decades even. However, a great deal, a very great deal, can be done and I thank the Commission for proposing in the last two years, and then last September in a specific communication, a series of measures that are analysed and evaluated in my report, and on which I would like to make a few comments. First, however, allow me to make a point that I believe is crucial in this debate, because enforcing laws can be a very political matter and can be a wonderful tool for improving the credibility and visibility of the Community institutions. I would like to mention two specific examples of somewhat different behaviour by the Commission: the waste crisis in Naples and the Via Baltica motorway in the Rospuda Valley in Poland. The waste crisis in Naples was a direct consequence of infringements, occurring year after year, of practically all the Community rules on waste. Indeed, very many infringement procedures had been initiated against Italy over the years and the Court had ruled against Italy on many occasions. However, only now, years later, when the situation has become intolerable for everyone and impossible to hide, has the Commission decided to bang its fists on the table. The Commission’s visits are being followed with great interest, and citizens crying out against illegal tipping are announcing on television that petitions are being sent to the European Parliament. I wonder: could this not have been done before? Could we really not have taken a different attitude to prevent this situation arising? Yes, we could! This is actually what Commissioner Dimas did in the case of the Rospuda Valley in Poland, which was in danger of being spoiled by infrastructure for the Via Baltica. For the first time, the Commissioner asked for a suspension order from the Court, and this was granted. This is a very important precedent that sends an extremely clear message: the Commission can and must be firm and thorough with Member States that act as if nothing had happened, and it must use all the tools the democratic system allows: the media and public opinion."@en1

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