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EU: Article 308

Volume 714: debated on Thursday 12 November 2009

Question

Asked by

To ask Her Majesty's Government on how many occasions the European Union has used Article 308 of the treaty establishing the European Community to enact legislation since 1996. [HL6336]

The information requested cannot be provided except at disproportionate cost.

In assessing the legal basis of proposals brought forward by the Commission, the Government apply criteria laid down by the Court of Justice in case law dating back to the 1980s and consider each proposal as a whole, and in particular its aim and content. Article 308 requires that a proposal be necessary for the attainment of a Community objective, and that the council must act unanimously. The Government have given an undertaking that where the Commission puts forward a legislative proposal citing Article 308 as its legal base, the Commission's justification of its choice of legal base will be provided to the Scrutiny Committee.