Microsoft Word - A7-2012-0303-EN.MSWORD RR\914785EN.doc PE485.888v02-00 EN United in diversity EN EUROPEAN PARLIAMENT 2009 - 2014 Plenary sitting A7-0303/2012 27.9.2012 ***I
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another major bottleneck as some authorities in ports refuse ship manifests and certificates in languages other than their own. • Pilotage services can be a serious problem. Vessels on SSS runs call
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The EU rule of law mechanism does not grant the EU any new powers to enforce common values. It is a purely political instrument whose success essentially depends on the willingness of the respective Member States to cooperate. In order to be able to exert political pressure, it is therefore important that the procedure under Article 7 TEU, which provides for the imposition of sanctions, can also be initiated in case the regarding Member State refuses to cooperate with the EU Commission.
The sanctioned European cartel and abuse procedure must be viewed critically from a constitutional point of view – it leaves the Commission holding all the strings. It has the role of the investigation authority, the prosecution authority and of the judge. The bundling of investigative and decision-making powers in the Commission and the lack of legal control continue to be questionable. Moreover, binding rules are needed for the right of undertakings to refuse to provide self-incriminating information and for the legal professional privilege (“LPP“) protecting the correspondence between companies
The fact that a Member State may refuse to allow a foreign VIU access to its home market runs counter to the objective of the Directive of realising the Single European Railway Area. The provision whereby a Member State may refuse market access where there is a possibility of market distortions in its home market, even if a railway company has complied with all the requirements laid down in the Directive, is in breach of the requirement of clarity and the principle of legal certainty.