List of safe countries cannot be decided by Council, says Advocate General

(B2) The Advocate General of the Court of Justice, Poiares Maduro, considers that the provisions of the directive of 1 December 2005 on the granting of refugee status providing for a delegation of competence to the Council to define the lists of safe countries are contrary to Community law (conclusions of September 27, aff. C-133/05).

Nothing is provided for in the treaty, he believes, especially since it is a legislative matter. "it follows from the principle of attribution of powers in a way a principle of unavailability of skills." Moreover, the Council - supported in this case by France - does not normally have executive power, believes the Advocate General, this being normally vested in the Commission. "Because it undermines the principles of allocation of powers and institutional balance, the use of derived legal bases cannot therefore be admitted."

If this opinion were to be followed by the Court, it would be in favor of the European Parliament, engaged for years in a legal battle to have its power of democratic control recognized in the areas of justice and internal affairs. This judgment will also be important because it will intervene on a question, little settled by the Court: can a regulation or a directive provide for enforcement procedures when they are not expressly provided for by the Treaty? How far does this power of delegation go?

(NGV)