SUMMARY
National parliaments can contribute actively to the
good functioning of the European Union. This is not only the view
of the House of Lords European Union Committee: it is stated clearly
in the Treaty on European Union. It has never been more important
that national parliaments should play a full and active role,
both individually and collectively. However, much more could be
achieved, within the existing Treaty structure.
This report is aimed at a wide range of policymakers
and others, within the UK and across the EU. We offer it as a
contribution to an ongoing debate. We suggest a range of practical
options, which could improve the involvement of national parliaments
in the formulation and implementation of EU policies.
Treaty change is not necessary to enhance the role
of national parliaments in the EU. More than anything else, this
is a matter for the will of parliamentarians. Important improvements
should be secured through the autonomous action of national parliaments,
and through actions collectively agreed between the national parliaments,
the Commission, the Council and the European Parliament where
relevant.
The effective involvement of national parliaments
is fundamental to ensuring that there is accountability, and legitimacy,
for the actions of the Union. Our report highlights five areas
where national parliaments can and should be more effective in
the shaping of EU policies and legislation.
National scrutiny
Effective scrutiny by national parliaments of the
activities of their own governments on EU matters is essential.
National scrutiny systems will inevitably vary according
to the national context. Whatever system suits the national context,
it is vital that national parliaments carefully scrutinise the
EU activities of their national governments, and hold them to
account. While each national parliament will determine for itself
the best means of doing this, we can nonetheless learn from each
other. The Conference of Parliamentary Committees for EU Affairs
(COSAC) could contribute to strengthening these processes.
Dialogue between national parliaments and the
EU institutions
National parliaments should have a greater role in
considering EU policies at an early stage, before hard and fast
battle lines have been drawn. The European Commission says that
it would welcome this 'upstream' or 'pre-legislative' scrutiny
of policies. However, the Commission itself must do much more
to show that it can be responsive to suggestions and concerns
raised by national parliaments, whether at this early stage of
policy development, or later on.
As part of this proactive role, groups of like-minded
national parliaments, acting together, should be able to make
constructive suggestions for EU policy initiatives.
The reasoned opinion procedure
The Lisbon Treaty 2009 gave national parliaments
a formal role in the scrutiny of EU legislation, allowing each
chamber to issue a reasoned opinion if it considers that a proposal
breaches the principle of subsidiarity (under which EU-level action
may be taken only if the objective cannot be achieved at national
or local level), and triggering a 'Yellow Card' if over one third
of national chambers or parliaments issue reasoned opinions. Technical
deficiencies have meant that the procedure has not been as effective
as hoped. These deficiencies could, and should, be corrected.
The key ways to improve the working of the reasoned opinion procedure
are:
- scope: to extend the
scope of the procedure to include the proportionality principle—that
is, that the proposal should not exceed what is necessary to achieve
the objectives of the EU Treaties;
- deadline: to increase
the deadline for national chambers to issue a reasoned opinion
on a legislative proposal, from 8 weeks to 12 or 16 weeks;
- effect: for the Council
and Commission to undertake that, if a Yellow Card is issued,
the Commission will take seriously its duty of review, and either
withdraw or substantially amend the proposal in question.
Inter-parliamentary co-operation
National parliaments and the European Parliament
have a vital, and complementary, role to play in the European
Union. It is not a 'zero sum' game: greater involvement for one
should not be at the expense of the other. There is scope for
national parliaments and the European Parliament to engage more
effectively with each other, sharing information and debating
key policies.
It is a strength of the Union that each national
parliament acts independently, reflecting the situation of each
Member State and the views of its citizens. However, in order
to maximise their effectiveness in shaping European policies and
legislation, national parliaments must co-operate. COSAC can encourage
this co-operation, particularly with some small practical adjustments
to its working methods. Inter-parliamentary co-operation on all
matters, including economic and financial matters, should involve
all 28 Member States.
Economic and financial governance
The political and economic reforms required in the
wake of the eurozone crisis have challenged the EU's democratic
framework. The European Parliament has a vital role to play in
holding EU institutions to account, but the principle of democratic
accountability can only be upheld if there is, in addition, an
enhanced role for national parliaments. National parliaments must
have more effective purchase on the steps towards enhanced economic
surveillance, as encapsulated in the European Semester. Means
must be found to ensure that EU institutions are accountable not
only to the European Parliament but also to national parliaments.
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