APPENDIX 4: EVOLUTION OF THE ROLE OF
NATIONAL PARLIAMENTS
1. Recognition of the role of national parliaments
in the European Union has evolved slowly in the treaties of the
European Union, beginning with the Maastricht Treaty in 1992.
It was only recently, with the Lisbon Treaty in 2009, that national
parliaments were given specific functions affecting the governance
of the European Union.
2. At the time of signature of the Maastricht
Treaty (also known as the Treaty on European Union, TEU, in force
since November 1993), the Member States made a declaration on
the role of national parliaments. The declaration stated that
"it is important to encourage greater involvement of national
Parliaments in the activities of the European Union".
It committed the Member States to ensuring that Commission
proposals would be received by national parliaments with sufficient
time to conduct scrutiny, and looked forward to an increase in
contact between national parliaments and the European Parliament
and for members of national parliaments to meet regularly to discuss
issues of shared interest.
3. Also accompanying the Maastricht Treaty was
a declaration on a Conference of Parliaments which required the
President of the European Council and the President of the Commission
to report on the state of the Union to each meeting of the Conference
of Parliaments.
4. With the Amsterdam Treaty (which came in to
force in May 1999) a protocol on the role of national parliaments
was added to the EU Treaties. This imposed an obligation on the
Commission to provide consultation documents and proposals for
legislation to national parliaments and gave national parliaments
a six week period within which to review proposals, before they
were put on the agenda for discussion at Council meetings.
5. The second element of the protocol referred
to the Conference of Parliamentary Committees for EU Affairs (COSAC),
enabling it to make any contribution it thought fit for the attention
of the EU Institutions and to examine any legislative proposal
in the area of freedom, security and justice that may have direct
bearing on the rights and freedoms of individuals and report its
findings to the EU institutions. It enabled COSAC to make contributions
to legislative activities being undertaken by the EU institutions
based on the application of the subsidiarity principle, fundamental
rights and in the area of freedom, security and justice.
6. The Lisbon Treaty (in force since December
2009) recognised the contribution of national parliaments to the
good functioning of the European Union and gave them specific
functions in the governance of the Union. The Treaty confirmed
their right to information, and provided for their role in monitoring
the application of the principle of subsidiarity and in evaluating
EU policies in the area of freedom, security and justice policy.
National parliaments were also given a role in the process for
amending the Treaties and in the enlargement process.
7. National parliaments can now uphold the principle
of subsidiarity, under Protocol 1 to the TEU, by submitting a
reasoned opinion to the EU institution which instigated the proposal,
if they believe that the proposal breaches the principle. If a
third or more Member States' chambers submit a reasoned opinion
(a threshold which falls to a quarter of chambers for legislation
in the field of co-operation in criminal matters) the proposal
must be reviewed, and a decision taken if the proposal will be
maintained, amended or withdrawn. This has become known as the
'reasoned opinion' or 'Yellow Card' procedure.
8. If over half of legislative chambers submit
reasoned opinions on a proposal and the proposal is maintained
by the Commission, either the Council (on a vote of 55% of Member
States) or the European Parliament (by majority vote) can force
it to be withdrawn.
| 
