The Green/EFA Group in the European Parliament officially envoked 36 of the Rules of Procedure concerning ACTA. In a letter to the Parliament President Jerzy Buzek from October 2011 group leaders Rebecca Harms and Daniel Cohn-Bendit officially envoked RoP 36(2). With Human rights groups like Amnesty International rallying against the ACTA treaty that call makes a lot of sense.
Rule 36 : Respect for the Charter of Fundamental Rights of the European Union
1. Parliament shall in all its activities fully respect fundamental rights as laid down in the Charter of Fundamental Rights of the European Union.
Parliament shall also fully respect the rights and principles enshrined in Article 2 and in Article 6(2) and (3) of the Treaty on European Union.
2. Where the committee responsible for the subject matter, a political group or at least 40 Members are of the opinion that a proposal for a legislative act or parts of it do not comply with rights enshrined in the Charter of Fundamental Rights of the European Union, the matter shall, at their request, be referred to the committee responsible for the interpretation of the Charter. The opinion of that committee shall be annexed to the report of the committee responsible for the subject-matter.
Let’s wonder how the new Parliament President Martin Schulz would deal with the 36 request. The Committee responsible is apparently the Civil Liberties Committee (LIBE).
This is not enough, if there is a violation of fundamental rights, they should ask first the ECJ, an opinion of LIBE is mostly a political act, not a legal one.