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PANAMA PAPERS & the European Parliament: EU: Council of the European Union

10 August 2016

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See the full text: Legal remarks on the Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion (PANA Committee) (LIMITE doc no:10615-16, pdf): The Council Legal Service says that the committee set up by the EP to investigate the Panama Papers leaks has questionable legal competences, and that Member States should coordinate their responses should they be called to appear before it.

See: Section IV. Conclusions:

"The EP decision on setting up a committee of inquiry to investigate alleged contraventions and maladministration in relation to money laundering, tax avoidance and tax evasion:

- does not specify with a sufficient level of precision the facts that are the subject matter of the inquiry, nor the provisions of Union law that have been implemented in a manner constituting contravention or maladministration;

- as such, does not allow Member States, nor the Council, to assess their obligation to participate in the works of the committee, neither to ensure a due preparation of any such participation;

- institutes a general power of control on the application by Member States of their national laws and of the policies of the Union as regards taxation, beyond the framework of Article 226 TFEU and of the competences of the Parliament as laid down in Article 14 TEU;

- risks altering the inter-institutional balance laid down in the Treaties that confer upon the Council, acting as sole legislator, the power to harmonise national laws and regulations in the field of taxation."

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