The Role of National Parliaments in the
European Union
CHAPTER 1: Introduction
1. 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.[1]
It is the starting point for our report.
2. It has never been more important that national
parliaments should play a full and active role, both individually
and collectively. The challenges posed by the long economic and
financial crisis have reduced trust in all political institutions,
both national and international, and including the institutions
of the EU. National parliaments reflect national political opinion
and pressures, and together they reflect the diversity of the
citizens and the Member States of the European Union. National
parliaments can therefore make a contribution to restoring trust,
and can make a contribution to the better working of the EU.
3. As one of the witnesses to our inquiry, Dr
Joanne Hunt, Cardiff University, stated: "there is widespread
agreement that national parliaments—individually the cornerstone
of any constitutional democracy—may be able to provide an
effective and convincing way of shoring up the democratic legitimacy
gaps which are perceived to exist within the EU order".[2]
There is also a widespread feeling that much more could be achieved,
within the present Treaty structure.
The current role of national parliaments
in the EU
4. Before the Lisbon Treaty 2009, the EU Treaties
hardly recognised the role of national parliaments in the governance
of the European Union. The Lisbon Treaty made significant changes,
including setting out the right of national parliaments to be
kept informed by the institutions of the EU; to co-operate with
other national parliaments and the European Parliament; to ensure
respect for the principle of subsidiarity;[3]
and to take part in the evaluation of justice and home affairs
policies.[4] Appendix 4
charts the evolution of the role of national parliaments over
time, through successive EU treaties.
5. Beyond the formal treaty provisions, the European
Commission has also indicated an increased willingness to engage
with national parliaments, notably since the launch in 2006 of
the 'Barroso initiative', under which the Commission more actively
seeks the views of national parliaments.
6. The House of Lords has appointed a Committee
to examine European matters, with sub-committees to examine particular
policy areas, since 1974. For some national parliaments the Barroso
initiative and, in particular, the changes made by the Lisbon
Treaty, have created greater incentives and tools for parliaments
to become more engaged in the scrutiny of EU policies, and to
share information and expertise.
7. The four key activities of national parliaments
in relation to the EU can be summarised as being:
· to
scrutinise, influence and hold to account their own governments;
· to engage
in dialogue with the EU institutions, notably the European Commission
and the European Parliament;
· to conduct
a subsidiarity check on EU legislative proposals (the reasoned
opinion procedure);
· inter-parliamentary
co-operation.
This report examines in turn each of these key activities,
in Chapters 2 to 5.
8. This introduction has already referred to
the long economic and financial crisis. The crisis has posed particular
challenges of democratic accountability for the major policy responses
to the crisis which are currently being considered and implemented.
Chapter 6, which draws heavily on the recent inquiry conducted
by our Sub-Committee on Economic and Financial Affairs on the
policy proposals relating to 'Genuine Economic and Monetary Union',
concentrates on this aspect of the role of national parliaments.[5]
Conduct of the inquiry
9. The membership of the House of Lords European
Union Committee is listed in Appendix 1.
10. We launched our inquiry in July 2013, and
received 38 responses to our open request for written evidence.
Between October 2013 and January 2014 we heard oral evidence from
28 people and organisations, in London, Brussels, Paris and via
videoconferences. The names of those who submitted evidence are
listed in Appendix 2 and the evidence received is available online.[6]
The original call for evidence is in Appendix 3. We are very grateful
to everyone who has contributed evidence, and we hope they find
this report of interest.
11. For obvious reasons we have been especially
concerned to discuss these matters with colleagues from other
parliaments. Committees and Members of 19 other national chambers,
and the European Parliament, provided invaluable formal evidence.[7]
We were also able to take advantage of the reports and meetings
organised by the Conference of Parliamentary Committees for EU
Affairs (COSAC).[8]
At the COSAC Conference held in Vilnius in October 2013
three of our Members enjoyed a lively discussion with around 100
colleagues on the role of national parliaments in the EU, and
we repeat our thanks to our hosts from the Lithuanian Seimas for
organising this meeting.[9]
12. We have been greatly struck by the breadth
and quality of thought from colleagues in other parliaments, and
from many other people with an interest in this subject. Proposals
to enhance the role of national parliaments in the EU have already
been put forward by other national parliaments, including the
Dutch Tweede Kamer[10]
and the Danish Folketing,[11]
and governments including the UK Government.[12]
Considerable work has also gone into the launch of the new inter-parliamentary
conferences on foreign and security policy, and on economic and
financial governance, which we consider further in Chapter 5.
All of this excellent work has greatly assisted our thinking,
and has highlighted the level of interest in the subject.
13. Any examination of EU institutions and processes
requires the use of a large number of specialist terms and acronyms,
and this report is no exception. Appendix 7 contains a glossary
of terms and a list of the acronyms used in this report.
Our aim
14. This report is made formally to the House
of Lords, but it is also aimed at a wide range of policymakers
and others, within the UK and across the EU.
15. This report is intended as a contribution
to an important and ongoing debate. Because of this, in several
places we put forward a range of practical options which could
improve the involvement of national parliaments in the scrutiny,
formulation and implementation of EU policies, for further consideration
by national parliaments and others, rather than presenting a definitive
blueprint for change. We look forward to continuing this debate
with Members of other parliaments, representatives of the EU institutions,
and others.
16. In the context of our own chamber we consider
that this report raises important questions about the effective
scrutiny of EU matters, and so we make this report to the House
for debate.
Implementing improvements
17. The focus of this inquiry has been on improvements
which could be made in the short term, and several witnesses commented
that treaty change should not be a priority for enhancing the
role of national parliaments in the EU. The European Affairs Committee
of the Hellenic Parliament, for example, commented that "a
Treaty revision is not considered necessary for the time being.
We should first examine and make best use of the full possibilities
and potential of the current treaties".[13]
18. As the EU has developed, the Treaties have
tended to catch up with evolving practice. In the longer term
the portions of the Treaties addressing the role of national parliaments
might be amended accordingly, but there is no pressing need for
treaty change to enhance the role of national parliaments. There
were some suggestions for more fundamental changes, such as a
European Chamber of Parliaments,[14]
but this report has focused on what could be achieved within the
structure of the existing Treaties.
19. Treaty change is not necessary to enhance
the role of national parliaments in the EU: substantial improvements
can, and should, be achieved without treaty change. To a significant
degree it is a matter for the will of parliamentarians to insist
on securing substantial and lasting changes, and of their governments
to give effect to that will. Important improvements could be achieved
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. This report sets out options for reforms which could
be pursued in such agreements.
20. Even in these difficult economic circumstances
it is important that national parliaments, including that of the
UK, ensure that sufficient resources are devoted not only to effective
scrutiny but also to other aspects of their involvement with the
European institutions and each other. Expenditure on improving
EU legislation through scrutiny is seldom wasted.
1 Article 12, Treaty on European Union. Back
2
Dr Joanne Hunt. Back
3
Subsidiarity is defined in Box 1 in Chapter 4. Back
4
Articles 5 and 12, Treaty on European Union. Back
5
House of Lords European Union Committee, 'Genuine Economic
and Monetary Union' and the implications for the UK (8th report,
Session 2013-14, HL Paper 134). Back
6
Evidence Volume available at www.parliament.uk/hleu. Back
7
In this report, the first time we cite a contribution from another
national parliament or chamber we specify from which committee
the contribution was made. After that (and in the footnotes),
in the interests of readability we simply cite the parliament
or chamber. We are aware, however, that there will be a range
of views on these matters within each national parliament and
chamber, and we do not wish to imply that we think the entire
parliament or chamber has reached a firm and conclusive view on
these matters. Back
8
Available at www.cosac.eu. Back
9
There is a note of this meeting in Appendix 5. Back
10
Dutch Tweede Kamer (November 2013), Democratic Legitimacy in
the EU and the role of national parliaments: work in progress. Back
11
European Affairs Committee, Danish Folketing (January 2014), Twenty-Three
Recommendations to strengthen the role of national parliaments
in a changing European governance. Back
12
Including in speeches by the Rt. Hon. David Cameron MP, Prime
Minister, on 23 January 2013 (known as the 'Bloomberg speech');
and by the Rt. Hon. David Lidington MP, Minister for Europe, on
16 January 2014, entitled 'Where does democratic authority
lie in the EU?'. Transcripts of both speeches are available
at www.gov.uk/government/speeches. Back
13
Committee on European Affairs, Hellenic Parliament. See also Elisabeth
Guigou, Chair of the Foreign Affairs Committee of the French Assemblée
Nationale, note of evidence session; René Leegte, Q 60;
Carlo Casini MEP, Q 133; Dr Ben Crum & Professor John
Erik Fossum. Back
14
Professor Stelio Mangiameli. See also Charles Grant, Q 4;
Richard Yung, Q 146. See also Claude Bartolone (October 2013),
'What Should be the Position of National Parliaments in the Construction
of a European Political Union?', European Issues 291, in
which the President of the French Assemblée Nationale advocates,
in time, a "Congress of Parliaments" for the European
Union. Back
| 
