Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-02-01-Speech-3-028-000"
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"en.20120201.12.3-028-000"2
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"Mr President, Mr Cameron said that he will not prevent EU institutions from being used to enforce the intergovernmental agreement on fiscal policy. It would appear that he is promising to refrain from doing something that he cannot completely prevent and in some areas would not need to prevent.
Article 8 of the draft agreement states that it will use Article 273 of the TFEU to enforce the agreement. It is true that Article 273 does say that ‘the Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of the Treaties if the dispute is submitted to it under a special agreement’. However, whilst it can adjudicate on such agreements, it probably does not have the power to fine Member States for not complying with them. Furthermore, its jurisdiction does not extend to adjudicating on excessive budget deficits.
Article 8 of the draft agreement does say that the Commission can initiate any action, but I am afraid that the draft agreement is not a treaty and so cannot grant that power. Article 273 of the Treaty refers only to disputes between Member States and not to disputes with the Commission. It would appear therefore that the Commission does not have the power to initiate any action. In fact, it would appear that the Commission will have no role in this draft agreement at all. The Court of Justice will be able to say whether or not a country has broken the agreement but it will not be able to compel an erring country to obey.
If euro area countries want an agreement that can be enforced, they will need a new treaty which will have to be agreed unanimously. In my view it would be disastrous for Britain to agree to such a mechanism because it might be used today to enslave euro area countries but one day it will be used to enslave us."@en1
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