NATIONAL PARLIAMENTS
125. Under the Barroso initiative, now some two
years old, the Commission sends all its communications and legislative
proposals directly to the national parliaments. Catherine Day
told us that this was in recognition of the fact that, previously,
most parliaments had not been involved in the processes of European
law until the stage of transposition into national law. The Commission
determined to provide an opportunity to make an impact at the
beginning of the process, for example, to comment on green papers.
The Commission had to date received over 200 opinions from national
parliaments. (Q 361)
126. Do those views of national parliaments have
much influence over the development of legislative proposals?
Sir Kim Darroch said that reports of the House of Lords,
for example, were taken into account by the Government in formulating
and developing policy, and thus might indirectly influence the
Commission. His colleague, Paul Heardman (Head of European Parliament
Section, UKRep), told us that the Reports were well regarded in
the European Parliament. (QQ 299, 300) As one voice among
many seeking to influence legislation, the direct influence of
a national parliament should not be exaggerated, but it may be
able to influence the Commission to a degree. The Minister advised
that influence on the initiation of legislation would be greater
if focussed on multi-annual programmes. (Q 468)
127. Each national parliament is offered an office
and office facilities in the European Parliament in Brussels.
David Harley noted that there are now representatives of the parliaments
permanently based in Brussels. (Our EU Liaison Officer is based
in the UK National Parliament Office.) He thought the presence
of national parliaments was growing, for the purposes of obtaining
and exchanging information and, potentially, for pre-legislative
contacts. (Q 431)
128. Were the Treaty of Lisbon to come into force,
would that make any difference? Richard Corbett MEP thought the
Treaty "should strengthen the voice of national Parliaments
in developing European legislation" since they are guaranteed
the opportunity to comment on every Commission proposal.[42]
(p 140) David Harley thought the arrangements permitting
national parliaments to communicate directly with the EU institutions
was an interesting development which the European Parliament welcomed.
National parliaments might regard the Subsidiarity Protocol[43]
as "a kind of foot in the door" and an opportunity to
do more (that is, before a formal proposal for legislation is
made). (Q 415)
129. The Minister agreed there was scope to develop
Parliament's influence. (Q 463) Paul Heardman thought that
the growing network of links between national parliamentarians
and MEPs would increase the influence of the national parliaments.
(Q 300) David Harley thought the Conference of the Parliamentary
Committees for the Affairs of the Union (COSAC) was likely to
become even more important. (Q 408)
CITIZENS
130. The TEC gives every EU citizen the right
to petition the European Parliament on any matter which come within
the European Community's fields of activity and which affects
him or her directly.[44]
The Treaty of Lisbon would, if it came into force, enlarge the
scope of that provision to include all the fields of activity
of the EU.[45] It would
add provision for "citizens' initiatives", by which
a million or more citizens from a "significant" number
of Member States might invite the Commission to submit a proposal
for legislation.[46]
131. Richard Corbett MEP thought the provision
in the Lisbon Treaty for citizens' initiatives would strengthen
participation in the European political process. (p 141)
In Professor Peers' view, citizens' initiatives would have
a higher profile than the current provision for petitions, on
the basis that the Commission (and, perhaps, the Council) might
well pay greater attention to a request representing the wishes
of a million or more citizens from several Member States. (QQ 37-38)
132. David Harley was less convinced that this
development would make a difference, though from the admitted
perspective of the European Parliament which preferred the current
arrangements for citizens to be able to petition the Parliament.
(Q 419) Under that procedure, the Parliament's Petitions
Committee examined petitions. A petition may prompt the setting
up of a committee of inquiry, as occurred for example in relation
to the collapse of the UK insurer, Equitable Life, where the report
of the inquiry[47] made
specific suggestions to the Commission. (Q 420)
38 Regulation (EC) 861/2007 establishing a European
Small Claims Procedure; OJ L 191, 31 July 2007, p 1. Back
39
Signed on 27 May 2005. Back
40
Draft Council Decision on the stepping up of cross-border cooperation,
particularly combating terrorism and cross-border crime, Council
document 6002/07, 6 February 2007. Back
41
See, for example, the combined programme of the French, Czech
and Swedish Presidencies for the period July 2008 to December
2009, Council document 10093/08, 9 June 2008. Back
42
See the Protocol on the Role of National Parliaments in the European
Union. Back
43
The Protocol on the Application of the Principles of Subsidiarity
and Proportionality. Back
44
Articles 21 and 194 TEC. Back
45
Articles 24 and 227 TFEU. Back
46
Article 11(4) TEU and Article 24 TFEU. Back
47
Report by the Committee of Inquiry into the crisis of the Equitable
Life Assurance Society, 4 June 2007 (2006/2199(INI)). Back
