Maltese give ‘yellow card’ to EU proposal on rights

The Maltese Parliament has objected to proposed amendments to the EU regulation governing workers’ right to take collective action.

Known as the Monti II rules, the proposal, which requires European Council unanimity, places economic freedoms and fundamental rights on an equal footing, asserting that restriction of one by the other cannot go beyond what is “appropriate, necessary and measured”.

It also establishes an early warning mechanism for social conflicts with serious consequences and the principle of equal access to extrajudicial dispute settlement bodies.

The proposal lays down general principles on exercising the right to strike in the context of worker’s freedom of establishment and the freedom to provide services. It does not, however, regulate the right to strike, which remains the competence of the member states.

Taking advantage of a new EU mechanism – introduced through the Lisbon Treaty in 2009 and giving more powers to national parliaments in the EU’s legislative process – Speaker Michael Frendo informed the EU institutions that Malta was objecting to the proposed legislation.

He said it did not conform to the principle of subsidiarity and might override national competences. The rules are meeting stiff opposition from a number of national parliaments.

The parliamentary chambers of Denmark, Finland, Latvia, Luxembourg, Portugal, Sweden, Belgium, France, Poland, the Netherlands and the UK have also sent negative reasoned opinions.

According to the Lisbon Treaty, if a third of EU national parliaments object to an EU proposal, the Commission will have to either amend or even completely withdraw it.

The rules stipulate that a third of national parliaments together constitute what is called a “yellow card”, which obliges the Commission to take action.

The Commission is now expected to officially establish whether it has a yellow card from national parliaments, and if so, to decide what action it is going to take.

If there is a yellow warning, it will be the first time that such a mechanism has been triggered by national parliaments, sending a clear message they are indeed increasing their powers when it comes to the enactment of EU laws.

After criticism that Malta’s Parliament was not up to the task in the screening of EU legislation and participating in the general EU framework, Malta’s House of Representatives has been increasing its involvement and participation.

More resources have been added to the Foreign and European Affairs Committee and a permanent, full-time representative has been sent to Brussels to liaise between the European and Maltese Parliament.

Upon taking over, Speaker Michael Frendo had said that he wanted to strengthen the role of Malta’s Parliament in EU affairs.