APPENDIX 3: CALL FOR EVIDENCE
The House of Lords European Union Committee is to
conduct an Inquiry, to be undertaken by its Sub-Committee on Law
and Institutions (Sub-Committee E), into the initiation of EU
legislation.
The Sub-Committee invites you to submit written evidence
to the Inquiry.
Introduction
The process by which EU legislation is made is reasonably
well known. A proposal is put forward, usually to the European
Parliament and the Council of Ministers, it undergoes a process
of consideration and negotiation, and (if agreed) it is eventually
adopted and the legislation is published. The legislative process
is set out in the Treaty establishing the European Community or,
in the area of Police and Judicial Cooperation in Criminal Matters
(the third pillar), in the Treaty on European Union. The way in
which a proposal proceeds to adoption is more or less transparent
and can be followed by those interested, for example, through
the websites of the EU Institutions.
But where do the ideas for legislation come from,
and how is a proposal for legislation developed? Most such proposals
are made by the Commission by virtue of its "right of initiative",
while some (in the third pillar) are made by Member States. The
way in which their proposals are created is not a matter for the
Treaties and is not obvious to the outside observer. The Sub-Committee
would like to lift the veil and examine that process of creation.
Scope of the Inquiry
The Sub-Committee wishes to focus on EU legislation.
The initiation of proposals for action in the Common Foreign and
Security Policy (the second pillar) is therefore outside the ambit
of the Inquiry.
As indicated above, the process by which a proposal,
once formally submitted, is considered and adopted is also outside
the Inquiry's scope.
While certain other EU actors have a right of initiative
in their field of operation (for example, the European Court of
Justice and the European Central Bank), the Sub-Committee suggests
that the focus should be on initiation of proposals by the main
actor, namely the Commission. But you may wish to comment, for
purposes of illustration or comparison, on the creation of proposals
by other EU Institutions or by Member States.
The issues
With those points in mind, the Sub-Committee invites
views. In order to provide a degree of concrete focus for the
evidence, we invite witnesses to illustrate their views as much
as possible with examples of legislation or legislative proposals
and, where possible, to draw illustrative material, in particular,
from three areas of EU activity—the Area of Freedom, Security
and Justice (criminal justice), the Internal Market (transport)
and Environmental Policy (control of pollution and CO2 emissions).
In addition to any general points you wish to make,
the Sub-Committee would welcome evidence on the following issues.
We recognise that not everyone will have an interest in all aspects
and you may, therefore, wish to be selective.
1. Where do the ideas which trigger work towards
legislation come from? For example, what are the processes by
which legislation is generated inside the Commission? The Commission
operates in an open way; does that openness extend to ideas for
legislation from external sources? If so, what are the sources
of information or ideas on which the Commission draws? Does it
actively seek out ideas and views? How effective are multi-annual
strategies and annual work plans in setting the agenda for the
creation of legislative proposals?
2. How are the ideas developed? What arrangements
are in place for quality control and to determine priorities?
What are the arrangements for the drafting of texts?
3. How significant are the views of the other EU
Institutions? The European Council's role is to "provide
the Union with the necessary impetus for its development"
and to define its "general political guidelines". How
important are the Conclusions of the European Council in the development
of legislative proposals? Are the likely reactions of the European
Parliament and the Council a significant factor in triggering
work or determining the scope and extent of proposed EU legislation
during the development of proposals? Are the views of EU bodies
and agencies, such as the Economic and Social Committee or the
Committee of the Regions anticipated or sought informally? What
role do judgments of the European Courts play?
4. How significant are the views of individual Member
States in the process of initiation?
5. How significant are the views of other interested
parties, such as national Parliaments, international bodies such
as the Council of Europe, non-governmental organisations, pressure
groups, the news media, the general public?
6. What is your assessment of the quality of proposals
submitted by the entities which have the right of initiative (Commission,
Member State or other)?
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