10. EUROPEAN GOVERNANCE
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COM(02) 705
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Commission Report on European Governance.
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| Legal base: | —
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| Document originated: | 11 December 2002
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| Deposited in Parliament: | 24 January 2003
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| Department: | Foreign and Commonwealth Office
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| Basis of consideration: | EM of 10 February 2003
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| Previous Committee Report: | None; but see (22702) 11574/01: HC 152 -vi (2001-02), paragraph 3 (14 November 2001)
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| To be discussed in Council: | No date set
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| Committee's assessment: | Politically important
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| Committee's decision: | Cleared
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Background
10.1 Improving European governance is one of Commission
President Prodi's strategic aims, according to the White Paper.
It defines governance as "rules, processes and behaviour
that affect the way in which powers are exercised at European
level, particularly as regards openness, participation, accountability,
effectiveness, and coherence". The Commission published a
White Paper in July 2001 aiming to launch a broad debate on the
principles underlying good governance. The present report describes
the reactions to that White Paper and reports on progress over
the last 16 months.
10.2 The White Paper set out proposals for change in
four broad areas, namely better involvement (i.e. better communication
by EU institutions with the general public), better policies,
regulation and delivery (i.e. improving the quality and enforcement
of EU policies), the EU's contribution to global governance (i.e.
better dialogue with governmental and non-governmental actors
in third countries) and refocused policies and institutions (i.e.
more concentration on the coherence of policies and the definition
of long-term objectives).
10.3 We considered the White Paper on 14 November 2001.
We welcomed the Commission's recognition of the need to find ways
to speed up the legislative process, but at the same time we stressed
the need to ensure that adequate time is allocated in the process,
as a matter of course and of principle, to accommodate the requirements
of parliamentary scrutiny. We also welcomed the undertaking by
the Commission to improve consultation and noted the assurances
given by the Commission President to the European Parliament that,
in attempting to build stronger links to civil society, the Commission
would not seek in any way to circumvent scrutiny.
The Commission report
10.4 The Commission report begins with a description
of the lesson to be drawn from reactions to the White Paper in
the eight month period from July 2001 to March 2002. The Commission
notes that the number of responses was modest (only 260)[20]
but that they have been 'rich in content'. The Commission indicates
that the public response has largely supported the principles
of openness, participation, accountability, effectiveness and
coherence but has also proposed the addition of democratic legitimacy
and subsidiarity as additional principles.
10.5 On the question of consultation ('better involvement')
the report notes that this question generated far more interest
than any other. It notes that a broad range of respondents commended
the White Paper for addressing the issue of the low level of citizen
participation and involvement within the EU and confirmed their
fundamental willingness to engage in consultation and participation
in shaping EU policy. The Commission infers from these responses
that 'involvement in policy-shaping should include national and
sub-national authorities as well as a broad range of non-governmental
interested third parties' and that the role of the Committee of
the Regions and the Economic and Social Committee should be reviewed
in terms of earlier involvement in Commission deliberations.
10.6 The Commission also draws from the responses a degree
of confirmation of its own belief that there is a need for a wider
choice of action in addition to legislation of the traditional
kind and that a better policy and regulatory framework would include
co-regulation and the open method of coordination as well as legislation.
The Commission also considers that the public consultation 'supports
the need for a clearer, more transparent and more accountable
division of competences between the EU institutions... and a clearer
distinction between legislative and executive functions, and for
clarifications and confirmation of the Commission's executive
functions vis-à-vis Member States'.
10.7 Finally, the Commission notes that part of the public
response regrets 'perceived limits' to the White Paper's understanding
of "governance" which was seen as focusing predominantly
on the effectiveness and efficiency of the EU-decision making
system 'while disregarding issues of democratic legitimacy and
democratic deficit in European integration that are seen to be
more important'. The Commission addresses this criticism by asserting
that the 'European governance agenda' should not be limited to
the White Paper, that the focus of the White Paper was more on
'improving the Commission's role as policy initiator and executive,
and less on its role as a European civil service and public administration'
and that 'such limiting assumptions may have led to un-intended
perceptions of a narrow governance agenda, contrary to the Commission's
desire to retain a broad perspective on European governance'.
10.8 The report goes on to review progress over the last
16 months in relation to each of the four broad areas identified
in the White Paper.
— better involvement
10.9 The report refers to various initiatives to make
more information about EU institutions available on-line, such
as 'Europe Direct', 'Citizen Signpost Service', 'Solvit' and the
Futurum and Convention website dealing with issues raised in the
Convention on the Future of Europe. The report also refers to
measures to improve the openness of EU institutions, such as Regulation
(EC) No. 1049/2001 on public access to documents and the decision
of the European Council at Seville to make Council meetings more
open to the public at different stages of the decision-making
procedure.
10.10 Under the rubric of 'reaching out to citizens
through regional and local democracy' the report refers to
establishing a more systematic dialogue with European and national
associations of regional and local government and calls on the
Committee of the Regions to play a more pro-active role in examining
policy and on the Member States to examine how the involvement
of local and regional actors in EU policy making can be improved.
10.11 Under the rubric of 'more effective and more
open consultation in the shaping of EC policy' the report
refers to the adoption by the Commission of a framework of 'general
principles and minimum standards for consulting non-institutional
interested parties' and to the improvement of electronic information
networks.
— better policies, regulation and delivery
10.12 The report refers to the Commission's Action Plan
of June 2002 on simplifying and improving the regulatory environment.
The report also indicates that the Commission proposes to make
greater use of alternatives to legislation, such as co-regulation,
self-regulation and the open method of coordination. The Commission
is also proposing that a major effort be made to simplify the
body of Community law and to reduce its volume.
10.13 On implementation of policies, the report recalls
the Commission's proposals to amend Council Decision 1999/468/EC
(the 'Comitology Decision') so as to give the Commission the principal
responsibility for executing legislation, the proposals for a
framework for the creation, operation and supervision of regulatory
agencies, and communications on the handling of infringement proceedings.
— contribution of the EU to global governance
10.14 The report states that the Commission's action
in the international field is guided by compliance with the EU
Charter of Fundamental Rights. The report illustrates this by
various activities, such as the adoption of communications on
a global partnership for sustainable development, on responses
to the challenge of globalisation and on corporate social responsibility.
10.15 The report also emphasises that 'to exercise the
responsibilities of a world power and contribute to global governance,
the EU will need to speak more often with a single voice' and
refers to the contribution made by the Commission to the Convention
on the Future of Europe calling for a Secretary of the European
Union who would represent the Union in foreign policy, but would
be a Vice-President of the European Commission.
— refocused policies and institutions
10.16 The report here repeats the references to revision
of the Comitology Decision and to the Commission's contributions
to the Convention calling for Treaty changes to provide a clearer
distinction between the executive and legislative roles of the
EU institutions. The report also refers to the new cycle of strategic
planning and programming adopted by the Commission as part of
its reform programme.
The Government's view
10.17 In his Explanatory Memorandum of 10 February 2003
the Minister for Europe (Mr Denis MacShane) summarises the content
of the Commission report and welcomes the Commission's governance
initiative 'as an important undertaking to improve the way in
which all levels of government across the Union co-operate to
deliver what citizens want, in an effective and efficient manner'.
The Minister points out that the UK has responded to each of specific
governance initiatives put forward by the Commission and that
it looks forward to receiving regular reports on their implementation
and evaluation.
10.18 On the question of consultation, the Minister comments
as follows:
"The Government has called for a clear Commission commitment
to consult directly with the regions and localities with responsibility
for transposing EU measures into law, as well as wider consultation
with those regional and local authorities that implement EU measures.
The Government is proposing that consultation of regions and localities
by the Commission on policy matters affecting them should be mandatory,
underpinned by a new Treaty commitment. This is part of the Government's
wider strategy to strengthen the role of regions in EU policy-making,
on which the Devolved Administrations and the Government have
collaborated. This ambitious strategy is being pursued in the
context of the Convention on the Future of Europe.
"In addition to improved consultation, the Government is
proposing a role for regions and localities in monitoring the
application of subsidiarity; Treaty amendment to acknowledge the
role of regions and localities in relation to the subsidiarity
principle; and reform of the Committee of the Regions to make
it more effective."
Conclusion
10.19 We share the Government's welcome for the Commission's
governance initiative. However, we find it striking that the Commission
should have received only 260 responses to its White Paper from
across the European Union, and that more than half of the governments
of Member States have made no response at all.
10.20 We find the Commission's analysis of the responses
to the White Paper to be the most important aspect of the report.
We welcome the fact that consultees have suggested adding democratic
legitimacy and subsidiarity to the principles underlying
European governance. We agree with them that the White Paper concentrated
too much on effectiveness and efficiency in the decision-making
process, and that the problems of democratic legitimacy and the
democratic deficit are considered by the public to be more important.
We find the report to be somewhat dismissive of these concerns
and would have welcomed a more thorough treatment than was given.
10.21 We note that this is only a report, and that
no further legislative procedure is envisaged. We are therefore
content to clear the document.
20 The
Annex indicates that replies from the UK were predominant. The
Governments of Denmark, Finland, France, Germany, the Netherlands,
Sweden and the UK responded, but the governments of eight Member
States made no response. Back
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