Europaudvalget 2014-15 (1. samling)
EUU Alm.del Bilag 270
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4 November 2014
Twenty-second Bi-annual Report:
Developments in European Union
Procedures and Practices
Relevant to Parliamentary Scrutiny
Prepared by the COSAC Secretariat and presented to:
LII Conference of Parliamentary Committees
for Union Affairs of Parliaments
of the European Union
30 November-2 December 2014
Rome
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Conference of Parliamentary Committees for Union Affairs
of Parliaments of the European Union
COSAC SECRETARIAT
WIE 05 U 041, 50 rue Wiertz, B-1047 Brussels, Belgium
E-mail:
[email protected]
| Tel: +32 2 284 3776
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TABLE OF CONTENTS
Background ........................................................................................................................................................ iv
Abbreviations..................................................................................................................................................... 1
ABSTRACT .......................................................................................................................................................... 4
CHAPTER 1:
EUROPE 2020 ............................................................................................................................. 9
Part A - Implementation progress of Europe 2020 strategy ............................................................................. 9
PART B - Review of Europe 2020 strategy ....................................................................................................... 16
PART C – Governance of Europe 2020 ............................................................................................................ 18
CHAPTER 2:
FUTURE OF THE EU - EU INSTITUTIONS AND PARLIAMENTS .................................................. 23
PART A – Implementation of new powers conferred to national Parliaments by the Lisbon Treaty ............. 23
Part B - National Parliaments and new trends in the EU policy and decision-making process....................... 26
PART C - More effective participation of EU Parliaments in the EU decision-making process and further
developments in EU integration ...................................................................................................................... 33
CHAPTER 3:
THE MEDITERRANEAN AND THE ROLE OF EU PARLIAMENTS ................................................. 44
PART A - Neighbourhood Policy ...................................................................................................................... 44
PART B - Union for the Mediterranean (UfM) and Parliamentary Assembly of the Union for the
Mediterranean (PA UfM) ................................................................................................................................. 45
PART C - Addressing growing migration flows ................................................................................................ 46
CHAPTER 4:
EU AGENCIES AND NATIONAL PARLIAMENTS ......................................................................... 49
PART A – Role and accountability of EU agencies ........................................................................................... 49
PART B - Relations between national Parliaments and EU agencies............................................................... 55
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Background
This is the Twenty-second Bi-annual Report from the COSAC Secretariat.
COSAC Bi-annual Reports
The XXX COSAC decided that the COSAC Secretariat should produce factual
Bi-annual Reports, to be published ahead of each ordinary meeting of the
Conference. The purpose of the Reports is to give an overview of the
developments in procedures and practices in the European Union that are
relevant to parliamentary scrutiny.
All the Bi-annual Reports are available on the COSAC website at:
http://www.cosac.eu/documents/bi-annual-reports-of-cosac/
The four
http://www.cosac.eu/en/documents/biannual/
on information provided by the national
chapters of this Bi-annual Report are based
Parliaments of the European Union Member States and the European Parliament. The deadline for
submitting replies to the questionnaire for the 22nd Bi-annual Report was 15 September 2014.
The outline of this Report was adopted by the meeting of the Chairpersons of COSAC, held on 18
July 2014 in Rome.
As a general rule, the Report does not specify all Parliaments or Chambers of which the case is
relevant for each point. Instead, illustrative examples are used.
Complete replies, received from 40 out of 41 national Parliaments/Chambers of 28 Member States
and the European Parliament, can be found in the Annex on the COSAC website. The Bulgarian
Narodno sabranie
did not answer the questionnaire due to the timing of elections.
Note on Numbers
Of the 28 Member States of the European Union, 15 have a unicameral Parliament
and 13 have a bicameral Parliament. Due to this combination of unicameral and
bicameral systems, there are 41 national parliamentary Chambers in the 28
Member States of the European Union.
Although they have bicameral systems, the national Parliaments of Austria, Ireland
and Spain each submitted a single set of replies to the questionnaire.
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Abbreviations
ACER
AFCO Committee
AGS
BEREC
BUDG Committee
CEAS
CEF
CEPOL
CONT Committee
CSRs
CULT Committee
EASA
EASO
EBA
ECHA
ECON Committee
Agency for the Cooperation of Energy Regulators
European Parliament's Committee on Constitutional Affairs
Annual Growth Survey
Body of European Regulators of Electronic Communications
European Parliament's Committee on Budgets
Common European Asylum System
Common Europe Facility
European Police College
European Parliament's Committee on Budgetary Control
Country-Specific Recommendations
European Parliament's Committee on Culture and Education
European Aviation Safety Agency
European Asylum Support Office
European Banking Authority
European Chemicals Agency
European Parliament's Committee on Economic and Monetary
Affairs
European Defence Agency
European Fisheries Control Agency
European Financial Stability Facility
European Institute for Gender Equality
European Insurance and Occupational Pensions Authority
European Monitoring Centre for Drugs and Drug Addiction
1
EDA
EFCA
EFSF
EIGE
EIOPA
EMCDDA
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EMEA
EMPL Committee
EMU
ENISA
ENVI Committee
European Medicines Agency
European Parliament's Committee on Employment and Social Affairs
Economic and Monetary Union
European Network and Information Security Agency
European Parliament's Committee on Environment, Public Health
and Food Safety
European Public Prosecutor's Office
European Railway Agency
European Supervisory Authorities
European Stability Mechanism
European Securities and Markets Authority
European Union
European Agency for Safety and Health at Work
European Foundation for the Improvement of Living and Working
Conditions
European Union's Judicial Cooperation Unit
European Police Agency
European Union Agency for Fundamental Rights
European Agency for the Management of Operational Cooperation
at the External Borders of the Member States of the European Union
European Parliament's Committee on Internal Market and Consumer
Protection
Interparliamentary EU Information Exchange
European Parliament's Committee on Industry, Research and Energy
Interinstitutional Working Group
European Parliament's Committee on Legal Affairs
Legal Affairs
Multiannual Financial Framework
2
EPPO
ERA
ESAs
ESM
ESMA
EU
EU-OSHA
EUROFOUND
Eurojust
Europol
FRA
FRONTEX
IMCO Committee
IPEX
ITRE Committee
IWG
JURI Committee
MFF
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MIP
NRP
NSP
OHIM
PA UfM
PECH Committee
SGP
TEU
TFEU
TSCG
Macroeconomic Imbalance Procedure
National Reform Programmes
National Stability Programmes
Office for Harmonisation in the internal market
Parliamentary Assembly of the Union for the Mediterranean
European Parliament's Committee on Fisheries
Stability and Growth Pact
Treaty on European Union
Treaty on the Functioning of the European Union
Treaty on Stability, Coordination and Governance of the Economic
and Monetary Union
Transatlantic Trade and Investment Partnership
Union for the Mediterranean
TTIP
UfM
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ABSTRACT
CHAPTER 1:
EUROPE 2020
The first Chapter of the Bi-annual Report outlines the proposals of the EU Parliaments for the mid-
term review of Europe 2020 strategy which will take place in 2015.
Regarding the implementation progress of the targets of Europe 2020, almost all responding
Parliaments/Chambers considered the progress on employment and poverty and social exclusion
goals unsatisfactory, stressing the need for additional measures to achieve the EU and national
targets, such as a more efficient EU growth and employment policy.
A wide range of positions was expressed about the implementation progress of the other Europe
2020 goals (research and development and education).
Most Parliaments/Chambers underlined that the economic crisis combined with fiscal
consolidation resulted in reduced investment towards achieving the Europe 2020 targets. Several
Parliaments/Chambers noted that Europe 2020 goals could only be achieved by a significant shift
in the overall EU approach from austerity to growth oriented policies and measures.
Most responding Parliaments/Chambers considered that the Europe 2020 strategy has not been
effectively implemented at EU, national and local level. Several Parliaments/Chambers
underscored the remarkable differences in implementation progress among the Member States,
as well as among regions within individual Member States.
A wide majority of responding Parliaments/Chambers noted that the five headline targets set in
the Europe 2020 strategy and the flagship initiatives contributed positively to boosting growth and
tackling unemployment. Several Parliaments/Chambers deemed that the related EU-level levers
(European single market, EU budget, EU external agenda) contributed to this purpose as well.
As for the upcoming Europe 2020 strategy review, only six Parliaments/Chambers have so far
taken a formal position through different procedures. However, there was wide agreement among
the responding Parliaments on the need for a thorough mid-term evaluation. Several underlined
the need for updating employment and social cohesion targets and the relevant flagship initiatives
and for enhancing the contribution of the EU Budget to the implementation of Europe 2020.
Most responding Parliaments/Chambers noted that the European Semester provided an effective
framework for implementing the revised strategy and also viewed the European Semester as a
means of further improvement of the revised Europe 2020 strategy. Almost all
Parliaments/Chambers agreed that the European Semester should be re-geared towards growth
and employment, although some of them stressed the need for a very careful balance between
stronger growth and employment enhancing policies and fiscal stability. Several Parliaments
stressed the need for reinforcing the social dimension.
Almost all responding Parliaments/Chambers considered the forthcoming review of governance
structures related to the so-called "Six Pack" and "Two Pack" useful towards enhancing the
effectiveness of the Europe 2020 strategy. Some of them focused on the role of national
Parliaments in the new governance framework.
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CHAPTER 2:
FUTURE OF THE EU - EU INSTITUTIONS AND PARLIAMENTS
The second Chapter of the Bi-annual Report, building upon previous Bi-annual Reports,
parliamentary debates and contributions of several Parliaments/Chambers and with a view to
continuing the debate under future Presidencies, takes stock of the overall impact of new
prerogatives conferred to national Parliaments by the Lisbon Treaty in relation to their role in the
EU, focusing also on the potential of powers not yet exercised by national Parliaments. It further
presents how EU Parliaments have reacted, both in the context of scrutiny of their own
Government and of the political dialogue, to some significant innovations introduced by the Lisbon
Treaty, as well as to new trends in the EU policy and decision-making process, such as the rising
role of the European Council and the adoption of intergovernmental treaties in the field of
economic governance. Building on the findings of the 21st Bi-annual Report and following the
Conclusions of the Conference of Speakers of EU Parliaments in Vilnius (paragraph 22) (6-8 April
2014), this Chapter also collects proposals by national Parliaments and the European Parliament
for more efficient use of subsidiarity checks and for new instruments aimed at improving the
involvement of national Parliaments in the EU decision-making process. It finally presents national
Parliaments' views on a possible further development of the European integration process.
Regarding implementation of the new powers conferred to national Parliaments by the Lisbon
Treaty, the majority of responding Parliaments/Chambers believed that the provisions of the
Treaties had been implemented in the best possible way. When asked which powers conferred on
national Parliaments by Article 12 TEU had had the most positive impact on the good functioning
of the Union, the vast majority of responding Parliaments/Chambers favoured information
provided by the EU institutions, participation in interparliamentary cooperation and subsidiarity
checks.
In relation to powers not yet exercised, a few Parliaments/Chambers mentioned actions before
the CJEU on grounds of infringement of the principle of subsidiarity as having the greatest
potential to enhance national Parliaments' participation in the EU decision-making process, while
only five mentioned veto on bridge clauses.
In relation to new trends in the EU policy and decision-making process, over half of the responding
Parliaments/Chambers stated that they had developed specific tools or procedures as regards the
rising role of the European Council, while less than half of those responding mentioned tools or
procedures in relation to intergovernmental treaties in the field of economic governance. Less
than one third mentioned involvement in trade agreement negotiations.
Most responding Parliaments/Chambers stated that they had not taken a formal position on
Treaty provisions in relation to delegated acts (Article 290 TFEU). Parliaments/Chambers' views on
the main critical aspects of delegated acts varied. Among others, Parliaments/Chambers referred
to excessive use of delegated acts and to the need of explicitly defining the objectives, content
and scope of the delegation of power.
Regarding early legislative agreements, almost 2/3 of Parliaments/Chambers saw early legislative
agreements under first reading as positive with regard to the EU legislative process.
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With regard to trilogues between the European Parliament, the Council and the European
Commission in the context of the ordinary legislative procedure, half of responding
Parliaments/Chambers stated that they were informed about such meetings by their
Governments.
Concerning national Parliaments' early involvement in the development of EU legislative
proposals, a large majority of responding Parliaments/Chambers supported the idea of
ad hoc
national Parliaments’ public consultations.
A wide majority of responding Parliaments/Chambers favoured the idea of creating new
instruments aimed at involving national Parliaments in EU decision-making without any formal
Treaty changes. In this context, Parliaments/Chambers mostly referred to possibilities in relation
to subsidiarity checks and the potential introduction of the "green card". Enhancing the
cooperation between national Parliaments and the European Parliament and the political dialogue
was also stressed by a few Parliaments/Chambers. The vast majority of Parliaments/Chambers
supported that such ideas should be taken into consideration by COSAC in order to foster further
interparliamentary cooperation.
Parliaments/Chambers' proposals on how to make more efficient use of subsidiarity checks in the
framework of the existing treaties and on the basis of paragraph 22 of the Conclusions of the
Conference of Speakers of EU Parliaments in Vilnius, 6-8 April 2014, varied. A number of
Parliaments/Chambers underlined, among others, the importance of reinforcing cooperation and
better exchanging information among Parliaments/Chambers when scrutinising legislative
proposals, while a number of them referred expressly to the possibility of extending or improving
the eight-week deadline, developing common guidelines and criteria governing the application of
the principle of subsidiarity and improving relations with the European Commission.
The majority of Parliaments/Chambers had not taken a position on a potential further
development of the European integration process. Parliaments/Chambers expressed various ideas
in relation to the fields in which further sharing of sovereignty or, conversely, re-nationalisation of
competences and what institutional changes would be required.
In relation to the question as to how democratic legitimacy should be ensured in case of further
sharing of sovereignty considering in particular the role of the European Parliament and national
Parliaments, Parliaments/Chambers expressed various ideas mentioning, in general, the need to
make more systematic and effective use of their scrutiny/oversight function and of the political
dialogue, reminding national Parliaments' role in ensuring democratic representation and
advocating closer cooperation between them and the European Parliament.
CHAPTER 3:
THE MEDITERRANEAN AND THE ROLE OF EU PARLIAMENTS
The third Chapter of the Bi-annual Report focuses on the cooperation between EU and South-East
Mediterranean countries. It provides an assessment of the Neighbourhood policy towards the
South-East Mediterranean countries. It highlights Parliaments/Chambers' views on EU actions to
address growing migration flows and presents Parliaments/Chambers evaluation of the UfM.
A majority of the responding Parliaments/Chambers did not express a specific position or view on
several European Commission's documents on EU Neighbourhood policy. Those
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Parliaments/Chambers presenting their opinions, highlighted different issues, such as positive
evaluation of the new model, more EU funds allocation to the Euro-Mediterranean Partnership,
strengthened border surveillance and not mandatory solidarity aspect, as well as the importance
of interparliamentary cooperation.
The vast majority of Parliaments/Chambers, when asked to share their ways of participation in the
relaunch of the UfM, and in relation also to the PA UfM, replied that they ensured it through
information received by their Governments and through the participation in the PA UfM.
According to the findings, in many Parliaments, the reports on developments in the PA UfM are
available to all Members of Parliaments.
As regards the parliamentary scrutiny of EU actions to address growing migration flows and the
consequent deadly accidents at sea, a number of Parliaments have expressed their views by
examining the Commission Communication on Migration (COM (2011) 248 and by scrutinising
their Government before or after European Council or Justice and Home Affairs Council meetings
(JHA). Some Parliaments/Chambers do this through other means, such as discussing at committee
level on EC Communication "An open and secure Europe: making it happen" (COM(2014) 154),
issuing opinions on Regulation (EC) No 562/2006 and expressing their views in political
statements.
Some responding Parliaments/Chambers gave more specific information on their opinions on EU
actions to address the growing migration flows. Among others, responses included positions on
relocation of migrants, views on the role of the UfM, the importance of the solidarity and fair-
sharing principles, increased financial assistance of FRONTEX, reviews of legislation (Dublin II and
Dublin III) and correct implementation of CEAS instruments.
CHAPTER 4:
EU AGENCIES AND NATIONAL PARLIAMENTS
The first part of the fourth Chapter focuses on the views expressed by EU Parliaments with regard
to the establishment of agencies, the powers delegated to them and the effectiveness of their
work and of the existing accountability mechanisms by means of which EU institutions monitor
their activity. Even though there is a growing number of European agencies, charged with
performing a number of highly technical and occasionally regulatory functions, more than half of
the responding Parliaments/Chambers have never carried out neither an overall consideration of
the role, function and accountability mechanism of EU agencies nor of a specific agency. The
negligible scrutiny performed on the related documents issued by the European Commission, the
European Parliament and the Council (Common Approach on decentralised agencies and
roadmap) shows that national Parliaments have not, at this stage, deemed necessary to actively
take part in the debate on establishing a more consistent and effective framework for the
functioning of decentralised agencies.
The second part presents Parliaments/Chambers' evaluation of agencies in terms of their
effectiveness as tools to implement European policies, provides insights on cooperation between
EU Parliaments/Chambers and EU agencies and gathers Parliaments' ideas on their contribution to
the current reflection on enhancing the accountability of EU agencies.
Almost a third of the responding Parliaments/Chambers highlighted the important role of the EU
agencies in implementing effectively and timely European policies in various fields thus helping all
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the institutions to concentrate on core policy-making tasks. Over a quarter of the respondents
expressed criticism mainly in relation to the lack of transparency, cost-effectiveness, good
governance and accountability of EU agencies, but also in relation to their proliferation and
duplication of their activities. The majority of respondents replied that there was no official
position on the appropriateness of the legal bases used for the establishment of European
agencies, taking into account the nature and the scope of powers conferred on them.
Over half of the respondents informed that there was no official position on the need to improve
the structure and the governance of agencies, while more than a quarter suggested increasing the
accountability and control of EU agencies, amongst others by ensuring budgetary discipline and
sound financial management, simplifying the structure and governance of agencies, defining the
criteria for the choice of the seat and considering the option of merging agencies. Overall,
respondents indicated that the effectiveness and adequacy of the existing accountability
mechanisms by means of which EU institutions monitor the agencies should be increased and
called for the enhancement of parliamentary control over the activities of the agencies. Around
half of the respondents believed national Parliaments could contribute to the on-going reflection
on enhancing the accountability of EU agencies, mentioning, among others, sharing best practices,
using the outcome of their reflection to set up effective mechanisms for agencies' supervision and
ensuring strong parliamentary scrutiny of EU agencies by national Parliaments together with the
European Parliament.
The overwhelming majority of respondents replied that there were no specific legal provisions,
practices or administrative arrangements concerning relations between their respective
Parliament/Chamber and EU agencies. Two thirds of the respondents provided figures or
information on formal and informal relations with EU agencies since 2010; just over half of the
responding Parliaments/Chambers made use of information or expertise provided by EU agencies
in the framework of their activities, both at political and administrative level. In the view of most
respondents, there was scope for cooperation between national Parliaments and EU agencies to
be enhanced; a set of practical recommendations was proposed in this respect.
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CHAPTER 1: EUROPE 2020
The EU strategy for growth and employment Europe 2020 will undergo a mid-term review in 2015
in order to assess if it is delivering at European and domestic level, and if the aftermath of the
economic and financial crisis requires a review of the goals set in 2010. An initial assessment of the
implementation progress has been provided by the European Commission in the communication
"Taking stock of the Europe 2020 strategy for smart, sustainable and inclusive growth"
1
; the
Commission should submit its proposals in early 2015, after assessing the outcome of a public
consultation.
The first Chapter of the Bi-annual Report outlines EU Parliaments' proposals in view of the mid-
term review of Europe 2020 taking into account, in particular, the positions expressed within the
framework of the scrutiny of the abovementioned communication as well as the outcome of the
consideration of countries' NRPs.
This Chapter is divided into three parts.
The first part presents the views of EU Parliaments on the implementation progress of the Europe
2020 goals at national and European level, as well as their positions on other relevant issues such
as, among others, funding and coordination with other EU policies.
The second part highlights the proposals put forward by EU Parliaments as regards the review of
the strategy in 2015, with reference to the Communication COM(2014)130, and also as regards
the actions the EU may implement in order to boost growth and employment.
The third part assesses whether the tools and the procedures to implement the Europe 2020
strategy are appropriate, with particular reference to the European Semester for economic policy
coordination.
Part A - Implementation progress of Europe 2020 strategy
Scrutiny of the Europe 2020 strategy and progress on the Europe 2020 specific goals
Almost half of the responding Parliaments/Chambers (17 out of 38) expressed their views on the
implementation progress of Europe 2020 by scrutinising the Communication "Taking stock of the
Europe 2020 strategy for smart, sustainable and inclusive growth". Three Parliaments informed
that the Communication was currently under scrutiny.
Twenty-three out of 30 responding Parliaments/Chambers and the responding Committees of the
European Parliament considered the implementation of the Europe 2020 strategy under a specific
procedure or in the framework of other procedures. Many of them evaluated its progress in
parliamentary debates on the documents of the European Semester (Hungarian
Országgyűlés,
Lithuanian
Seimas,
Dutch
Eerste Kamer,
Estonian
Riigikogu,
French
Assemblée nationale,
Belgian
Chambre des représentants,
Latvian
Saeima,
German
Bundesrat,
German
Bundestag,
Luxembourg
1
COM(2014)130
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Chambre des Députés,
Irish
Houses of the Oireachtas
2
), on the implementation of the NRP (Cyprus
Vouli ton Antiprosopon,
Romanian
Senat)
or on the Draft Budgetary Plan (DBP) (Luxembourg
Chambre des Députés).
Three Parliaments considered the issue in debates and/or in resolutions
adopted in view of meetings of the European Council (Italian
Camera dei deputati,
Spanish
Cortes
Generales)
or of the Council of Ministers of the EU (Croatian
Hrvatski sabor).
Some Parliaments
considered the strategy's implementation through scrutinising Government's reports (Slovak
Národná rada,
Finnish
Eduskunta),
holding regular hearings with Government representatives
(French
Assemblée nationale)
or addressing written parliamentary initiatives to the Government
(Spanish
Cortes Generales).
Several Parliaments focused on some aspects of the strategy, through
specific reports (UK
House of Lords,
French
Assemblée nationale),
debates (Croatian
Hrvatski
sabor)
or through scrutinising relevant EU documents (Italian
Camera dei deputati,
French
Sénat,
Dutch
Eerste Kamer).
The responding Committees of the European Parliament considered the
implementation of the Europe 2020 strategy under other procedures, in the framework of the
budget (BUDG, ITRE) and the European Semester procedure (BUDG, ECON, ENVI, IMCO
Committees), through structural dialogue with Commissioners, hearings and informal meetings
with the European Commission (ITRE, ENVI), through own-initiative reports and relevant opinions
focusing on specific targets of the strategy (ENVI, CULT, PECH, IMCO) and through scrutinising
implementing measures (including delegated and implementing acts) (ITRE). The European
Parliament's EMPL Committee considered the issue through drafting oral questions to the
Commission and Council, accompanied by a motion for a resolution, to be adopted in November
3
,
and the CONT Committee focused on the specific implementation actions achieved by the
Commission, during previous discharge procedures. The CONT Committee insisted also that the
evaluation report on the financial performance of the Union foreseen by Article 318 TFEU should
mainly focus on EU internal policies for the achievement of the Europe 2020 strategy.
Concerning the different goals set in the strategy, none of the responding Parliaments/Chambers
considered the implementation progress on employment targets satisfactory, with the exception
of the Lithuanian
Seimas,
which noted that numerous targeted measures aimed at reducing
unemployment, especially youth unemployment, had been implemented at the EU and national
levels and pointed out that the effects of this process would be felt only after a certain time. Two
respondents referred to the national level, mentioning significant progress in their respective
employment situation (Polish
Sejm
and Hungarian
Országgyűlés).
The latter noted, nevertheless,
that a performance gap was still tangible between the current data and the 2020 targets.
The Finnish
Eduskunta
identified a more efficient growth and employment policy as the most
urgent priority at EU level, noting the need to improve competitiveness increasing productivity
and innovation and support Small and Medium Enterprises (SMEs). The Czech
Senát
pointed out
the necessity of a new growth model based on innovation, support of science and research,
efficient use of limited resources and social inclusion, but, at the same time, warned against the
negative consequences of possible profound mid-term changes of the goals of the Europe 2020
strategy on the implementation of long-term national measures under the European Semester.
2
The Irish
Houses of the Oireachtas
clarified that, when Ireland was in a macro-economic adjustment programme
(2009- 2013), it was not required formally to participate in the European Semester process, nonetheless, it did
prepare a NRP based on the targets set out in the Europe 2020 strategy. The progress made in achieving the targets
was reviewed annually by the Irish Houses of the
Oireachtas.
3
The position expressed in this Chapter by the European Parliament's EMPL Committee has to be confirmed after the
adoption of the oral questions and the motion for resolutions in November 2014.
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The UK
House of Lords
noted that there was little reference to supply-side reforms in the
Commission’s Communication and underlined the need to share best practice in this area. The
Greek
Vouli ton Ellinon
found particularly worrying the rise of long-term unemployment, as this
could indicate the increase of structural unemployment; it emphasised the need for social
prevention policies and investment in human capital and for return to employment of those
outside the labour market. The Italian
Senate
deemed necessary a more effective action, through
social inclusion policies and labour market flexibility measures and a systemic approach aimed at
adapting economic progress to the requirements of a new European and international economic
and demographic scenario. The European Parliament's EMPL Committee called on the European
Council and the Member States to ensure that national and regional parliaments, social partners,
public authorities and civil society were closely involved in the implementation and monitoring of
policy guidance under the Europe 2020 strategy and its economic governance process, in order to
ensure ownership.
Some Parliaments focused on the discrepancies among Member States and regions, pointing out
the differences in quantitative indicator dynamics between Member States, and the resulting
discrepancies in the regions' performance (Latvian
Saeima).
The inconsistencies due to the limited
geographic mobility across the EU were also underlined (Greek
Vouli ton Ellinon).
Several Parliaments focused on youth employment, putting forward specific proposals concerning
the youth guarantee, the use of the European Social Fund and the apprenticeships in the context
of the Erasmus+ programme (French
Sénat)
and welcoming the EU recommendations on
traineeships and apprenticeships (UK
House of Lords).
The UK
House of Lords
also noted that it was
important for local authorities to be given sufficient control over EU funds and expressed its
disappointment that the UK Government had not implemented a Youth Guarantee Scheme.
With regard to research and development (R&D) targets, three Parliaments/Chambers explicitly
considered their implementation insufficient (Italian
Camera dei deputati,
Italian
Senato della
Repubblica,
Romanian
Camera Deputaţilor,
and the
Green Party
of the Austrian
Nationalrat
and
Bundesrat).
The French
Assemblée nationale
and
Sénat
pointed out the modest level of resources
assigned to R&D in the MFF. The governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat
and
Bundesrat
noted that increased flexibility would be needed to fully exploit the
potential contribution of R&D to renewed growth. The Finnish
Eduskunta
and the UK
House of
Lords
emphasised the need to simplify the funding application process. The UK
House of Lords
also
urged greater support for companies and organisations of which the research was on the point of
being commercialised, calling for research and development to be more coordinated in order to
tackle energy and climate change challenges head on. At national level, the Lithuanian
Seimas
noted the insufficiency of investment into R&D in Lithuania, urging the Government to facilitate
private investment.
Most responding Parliaments/Chambers and the ENVI Committee considered satisfactory the
overall implementation of the climate change and energy goals. A different position was expressed
by the Latvian
Saeima
which pointed out that some Member States had nearly reached their
ceiling of economically justifiable measures and that it would seem reasonable to try to align
future EU energy efficiency targets with each Member State's actual potential. At national level,
two Parliaments/Chambers pointed out the positive implementation of the goals concerning
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climate change and energy in their respective countries (Lithuanian
Seimas,
Portuguese
Assembleia da República).
The Czech
Senát
considered the goals of the current period decisive in drawing up national
policies, but did not support prospective increase in the quantitative environmental targets of the
strategy for 2020. For the European Parliament's ITRE Committee, the goals regarding reduction of
greenhouse emissions, renewable energy and energy saving and reduction of energy dependence
should be extended after 2020 and made more ambitious.
The Italian
Camera dei deputati
and the European Parliament's ENVI Committee underlined that
further efforts were needed in order to match the energy efficiency targets. The ENVI Committee
urged the European Commission and Member States to integrate the resource efficiency agenda
as comprehensively as possible into all other policies and to implement it at local, regional,
national, and EU level.
The Finnish
Eduskunta
noted that progress could be further facilitated by completing the internal
energy market, correcting the emission´s trading scheme and increasing R&D funding. The Slovak
Národná rada
considered that large investments in renewable sources and energy efficiency may
have negative impact on energy prices and EU economic competitiveness, stressing the need to
define appropriate incentives at national and EU level in order to meet the objectives. The UK
House of Lords,
on one hand, highlighted the need to deepen cuts in greenhouse gas emissions
and to develop carbon capture and storage so that the EU meets its medium and long-term
reduction targets; on the other hand, it supported structural reform of the Emissions Trading
System and identified the need for increased investment to make renewable energy technologies
viable. The Green party of the Austrian
Nationalrat
and
Bundesrat
noted that combating climate
change and exiting from nuclear and fossil-fuel energy were not given the utmost priority. The
French
Sénat
considered it was necessary to bring closer German and French strategies on energy
transition.
Eight Parliaments/Chambers and the European Parliament's CULT Committee expressed their
position on the implementation of goals relating to education. The European Parliament's CULT
Committee assessed the target on education and the flagship initiative "Youth on the move" as
very positive. Some other Parliaments/Chambers explicitly considered the progress at EU level
positive, but underlined that further efforts were required at national level (Italian
Camera dei
deputati,
Italian
Senato della Repubblica,
Latvian
Saeima
and the European Parliament's CULT
Committee). Three Parliaments/Chambers emphasised the need to pay more attention to
indicators of quality rather than to quantitative indicators (Lithuanian
Seimas,
Czech
Senát,
governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat
and
Bundesrat).
The
Polish
Sejm
emphasised that Poland had reached recommended values of 2 indicators of the
educational goals set in Europe 2020 strategy on increasing the education level. The French
Sénat
welcomed the increase of the resources assigned to the Erasmus+ programme and called for
measures aimed at setting up the appropriate framework for developing massive open online
courses in Europe, while respecting national competencies on education. The Slovenian
Državni
svet
and the Latvian
Saeima
urged for greater attention, respectively, on vocational education and
training and on linking targets with remuneration and employment levels.
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All Parliaments commenting on goals relating to poverty and social exclusion underlined the need
for more coordinated efforts and additional measures to achieve the EU and national targets, such
as an enhanced coordination of the relevant national policies, a more flexible application of the
fiscal rules and adequate financing at EU and national level (Italian
Camera dei deputati),
developing motivating social benefit policies and supporting low income groups (Latvian
Saeima).
The Greek
Vouli ton Ellinon
questioned the ability of the "main" index that had been selected for
the target monitoring and its ability to capture the growing divergences among Member States,
and pointed out the fact that national targets were often associated with national agendas rather
than with the European goal.
Implementation of Europe 2020 at EU, national and local level
Less than half of the responding Parliaments/Chambers (5 out of 14) considered the Europe 2020
Strategy effectively implemented at EU, national and local level
4
. Two responding Committees of
the European Parliament (ITRE and ENVI) considered it partially implemented, particularly
underlining the rather short timeframe for evaluating its effectiveness (ITRE). The European
Parliament's BUDG Committee deemed the implementation not entirely satisfactory, noting that
the utmost had not been drawn from the possibilities offered by the EU Budget.
The Finnish
Eduskunta
noted that, based on official reporting, progress had been below
expectations. The Italian
Camera dei deputati
pointed out that the Europe 2020 strategy had not
been implemented effectively and coherently at EU, national and local level due to the absence of
growth-oriented policies based on clearly defined anti-cyclical principles, the weakness of
governance procedures within the framework of the European Semester, the fiscal consolidation
and the lack of significant targeted resources. The Greek
Vouli ton Ellinon
noted that the strategy
goals allowed monitoring progress and undertaking the transparent and fair comparison of
policies among Member States. However, progress, both at European and national level, was
disappointing. The European Parliament's CONT Committee, on one hand, stressed that the
Commission services should better coordinate its actions, clearly prioritise, orient and adjust its
programmes in function of the objectives of the strategy and evaluate and report on its main
achievements; on the other hand, it pointed out that a clear weakness of the Lisbon Strategy was
the use of the open method of coordination, which had only been partly remedied by the Europe
2020 strategy.
Three Parliaments/Chambers emphasised the different level of implementation in different
Member States (Estonian
Riigikogu,
Latvian
Saeima)
and also the growing gap between regions
inside Member States or between regions of different Member States (Romanian
Camera
Deputaţilor).
Some Parliaments/Chambers noted that, at national and local level, the progress in
the EU 2020 strategy implementation varied in different sectors (Lithuanian
Seimas,
governing
majority SPÖ (S&D) and ÖVP (EPP) in the Austrian
Nationalrat
and
Bundesrat).
The governing
majority SPÖ (S&D) and ÖVP (EPP) in the Austrian
Nationalrat and Bundesrat
added that, at EU
level, coordination mechanisms with regard to the goals were too weak. The Polish
Sejm
noted
that, although the experience in meeting targets and implementing flagship initiatives varied,
setting and adopting them helped to focus on long-term issues of key importance for the future of
the EU society and economy.
4
Hungarian
Országgyűlés,
Lithuanian
Seimas,
Czech
Senát
and
Poslanecká sněmovna,
Belgian
Chambre des
représentants
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The impact of the economic and financial crisis
Several Parliaments/Chambers underlined the impact of the crisis on the achievement of the EU
2020 goals, especially in the field of employment, social exclusion and poverty (Hungarian
Országgyűlés,
governing majority SPÖ (S&D) and ÖVP (EPP) in the Austrian
Nationalrat
and
Bundesrat,
Italian
Camera dei deputati)
and, at national level, as a result of austerity measures
(Cyprus
Vouli ton Antiprosopon).
The Romanian
Senat
pointed out that the consequences of fiscal
consolidation had been worse than those of the crisis. The Italian
Senato della Repubblica
noted
that an analysis and an assessment of the effectiveness of the economic policies of austerity
adopted by Member States and the EU should be conducted. The Greek
Vouli ton Ellinon
pointed
out that Europe 2020 should also be considered in relation to the short-term effects of policies.
Particularly with regard to the social situation, levels of unemployment, poverty and social
exclusion should be significantly reduced sooner than 2020.
Most responding Parliaments (18 out of 23, and the European Parliament's BUDG, ECON and ITRE
Committees) deemed that the economic crisis together with fiscal consolidation resulted in
reduced investment towards achieving the Europe 2020 targets.
Several Parliaments noted that Europe 2020 goals could not be achieved without a significant shift
in the overall EU approach from austerity to growth oriented policies and measures (Italian
Camera dei deputati,
Czech
Senát,
Romanian
Camera Deputaţilor
and
Senat).
The Italian
Senato
della Repubblica
called for promoting a European New Deal which, notwithstanding its compliance
with current fiscal constraints, should address the current recession. The Portuguese
Assembleia
da República
pointed out that the Europe 2020 strategy should be financed within the MFF, as EU
funds were decisive for the recovery and the structural transformation of the economy, in
accordance with the requirements of fiscal consolidation. The French
Sénat
recalled its proposal to
temporarily exclude youth employment expenses co-financed by Member States from the national
fiscal balance. The European Parliament's ECON Committee underlined that the European
Parliament urged the European Commission to introduce Europe 2020 national objectives into the
recommendations issued to Member States under Economic Adjustment Programmes and to take
proper account of the constraints created by these adjustment programmes in the delivery of such
objectives
5
.
Some Parliaments noted that the R&D, Employment and social targets (Slovenian
Državni svet,
Polish
Sejm,
Greek
Vouli ton Ellinon)
were the most affected by the crisis. The Slovak
Národná rada
pointed out that the targets would have to be lowered and the "flagship initiatives" updated in the
areas of growth, employment and social inclusion. On the contrary, two Parliaments noted that
the crisis had helped Member States to move closer to reaching climate change and energy
targets, given lower production and lower energy demand (Italian
Camera dei deputati,
Greek
Vouli ton Ellinon).
This fact should not undermine the urgency for structural and not cyclical
emissions' reduction (Greek
Vouli ton Ellinon).
On energy targets, the Estonian
Riigikogu
noted,
however, that the economic crisis had affected the State's possibilities to invest in energy
efficiency. The European Parliament's ITRE Committee noted that the reduction of budgetary
5
European Parliament resolution of 23 October 2013 on the European Semester for economic policy coordination:
implementation of 2013 priorities - P7_TA(2013)0447; European Parliament resolution of 25 February 2014 on the
European Semester for economic policy coordination: Annual Growth Survey 201 - P7_TA(2014)0128
14
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appropriations in the MFF and the permanent budget cuts in annual budgets had significantly
reduced investments towards achieving the Europe 2020 targets; it specifically mentioned the
example of the telecommunications in the CEF.
The Latvian
Saeima
pointed out that the economic crisis affected the Latvian economy from the
outset and, as a result, national EU 2020 targets set during the height of economic crisis at the
beginning of 2010. However, since then steady economic growth had in part supported moving
closer towards achieving the EU 2020 goals.
Contribution of the five headline targets, of the flagship initiatives and of related EU-level levers
to boost growth and tackle unemployment
A wide majority of responding Parliaments/Chambers noted that the five headline targets set in
Europe 2020 and the flagship initiatives contributed positively to boost growth and tackle
unemployment (18 out of 22, the European Parliament's ENVI and ITRE Committees and the
Governing majority SPÖ (S&D) and ÖVP (EPP) in the Austrian
Nationalrat
and
Bundesrat;
the
Green Party considered positive the five headline targets and negligible the flagships initiatives).
Many Parliaments (16 out of 21 respondents, and the governing majority SPÖ (S&D) and ÖVP
(EPP) of the Austrian
Nationalrat
and
Bundesrat
and the European Parliament's BUDG, ENVI and
ITRE Committees) considered the related EU-level levers identified in the European Commission's
Communication "European single market, EU budget, EU external agenda" (COM(2014)130 )
positive to that objective as well.
The European Parliament's CONT Committee envisaged a modulation of the objectives and
indicators by country. The German
Bundesrat
was very critical in respect of the quantitative
national objectives for the core objectives of the Europe 2020 strategy (particularly in the field of
education), rejecting such objectives as they did not comply with the division of competences
stipulated in EU Treaties. However, the German
Bundesrat
had always supported the substantive
goals of the Europe 2020 strategy.
The French
Sénat
clarified that its positive answer on the targets and initiatives set in Europe 2020
strategy had to be coupled with previous positions on the insufficient budget resources to match
EU's ambition, the challenge of reciprocity in trade relations at global level and the way in which
the European Commission implemented the competition law and State aid rules.
With regard to the flagships initiatives, the Irish
Houses of the Oireachtas
noted that some flagship
initiatives, such as Horizon 2020, had positively contributed to employment prospects in particular
SMEs. The European Parliament's CONT Committee considered positive the articulation of the
Europe 2020 in 7 flagships initiatives, as it pushed the European Commission to define its
contribution in function of global policy objectives and not only on the basis of each separate
budget line. Among the related EU-level levers, the German
Bundestag
emphasised the role of the
European single market. The European Parliament's IMCO Committee expressed the need to
recognise the indispensable role of the single market as a driver for growth and jobs and to
strengthen single market governance by establishing, as a specific pillar of the European Semester,
an annual Single market governance cycle; it also pointed out the existing barriers and restrictions
15
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in the services sector and the lack of investment at national and EU level in the area of energy,
transport and the digital single market.
PART B - Review of Europe 2020 strategy
Purpose and scope of the review
The large majority of the responding Parliaments/Chambers (27 out of 33) had neither adopted an
official position yet on the upcoming Europe 2020 Strategy review in 2015, nor issued any
proposals in this regard. Six Parliaments/Chambers (Finnish
Eduskunta,
Italian
Camera dei
deputati,
Italian
Senato della Repubblica,
Latvian
Saeima,
Lithuanian
Seimas,
Romanian
Senat,
and
the European Parliament's ENVI Committee) had taken a position on the review under different
procedures. Valuable comments were also provided from the Parliaments/Chambers which had
not yet formally adopted any position.
Most Parliaments/Chambers commenting on this question agreed on the need for a thorough
mid-term evaluation.
Both Chambers of the Italian Parliament suggested a forward-looking approach, taking into
account the new socio-economic realities that had arisen from the crisis, and the outlook for
reviving growth and employment in European countries through infrastructural long-term
investment policies.
Several Parliaments/Chambers, such as the Latvian
Saeima
and the Czech
Senát,
considered that
the main purpose of the review of Europe 2020 strategy should be to find a more effective
governance framework for the strategy, building on the European Semester. This would call for
stepped up involvement of national Parliaments in the European Semester, going beyond
individual national level debates.
The French
Assemblée Nationale
called for a better collective evaluation by national Parliaments,
more frequent exchange of best practices, for example by means of the debate during the Inter-
Parliamentary Conference under Article 13 of the Treaty on Stability, Coordination and
Governance of the Economic and Monetary Union (TSCG).
The European Parliament's ECON Committee informed about its intention to prepare a report on
"The review of the economic governance framework: stocktaking and challenges" where the issue
of the review of the Europe 2020 strategy might be addressed, whereas the IMCO Committee
might address it in its own initiative report on Single Market governance within the European
Semester 2015.
When asked what areas and/or instruments should be emphasised or activated in order to ensure
proper alignment between objectives and instruments needed to achieve them,
Parliaments/Chambers pointed out the following:
the Italian
Senato della Repubblica
replied that synergy and complementarity between
Horizon 2020 and other EU programmes, including cohesion policy and structural funds,
16
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were essential and noted that the Europe 2020 strategy should be more incisive and tightly
focused in the 2014-2020 Structural Funds cycle;
the Italian
Camera dei Deputati
suggested a closer linkage between Europe 2020 and
cohesion policy;
the European Parliament's EMPL committee suggested professional training and social
cohesion measures;
the Lithuanian
Seimas
indicated the scoreboard of the implementation of the CSRs by EU
Member States as a useful tool;
the Latvian
Saeima
pointed out that a uniform approach to setting individual targets for
Member States should be considered;
the European Parliament's ENVI Committee called on the European Commission to put
forward a concrete proposal for measurable, clear and verifiable sectoral targets, including
an overall target, in order to implement the vision and milestones of the Roadmap to a
Resource Efficient Europe, and on Member States to include them in their own resource
efficiency strategies.
The Latvian
Saeima
pointed out that a uniform approach to setting individual targets for Member
States should be considered.
The European Parliament's EMPL Committee, the Latvian
Saeima
and the Lithuanian
Seimas
agreed that employment and social cohesion targets should be updated, along with the relevant
flagship initiatives. The Lithuanian
Seimas
suggested that the initiative for substantial reduction of
poverty and social exclusion should be revised in order to create a consistent and integrated social
policy at the EU level, since, in its view, employment, and especially youth employment and social
cohesion remain issues of utmost importance at national and EU levels. The Romanian
Senat
advised taking into account the social effects caused by Member States' budget consolidation
policies and coming up with adequate indicators to ensure the efficiency of recommendations
when implemented.
The Italian
Camera dei deputati
suggested that employment should be considered as an
overarching priority to be pursued not only through labour market policies, but also through
employment-friendly policies, aimed at generating employment opportunities. It underlined the
need for updating social indicators and introducing new and targeted means to reach them, and
for launching a new flagship initiative to further develop and integrate EU non-bank finance,
including long-term institutional investment and direct capital markets, with a special focus on
SMEs. It also suggested furthering the establishment of a true Single Market through a specific set
of targets and initiatives and including in the Europe 2020 the 20% target of industry’s share in
Europe’s GDP set out by the European Commission.
Funding of Europe 2020
When asked if there was a need to enhance the contribution of the EU Budget to the
implementation of Europe 2020, the Italian
Camera dei deputati
and the European Parliament's
BUDG Committee answered in the affirmative, asking for a significant increase within the
framework of the mid-term review of the MFF 2014-2020. The Latvian
Saeima
considered that
such enhancement would be useful from the perspective of a broader achievement of targets,
especially for these countries that were hit hard by the economic crisis and therefore were unable
17
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to fully contribute to growth-facilitating measures. The Italian
Senato della Repubblica
would
welcome the start of new national and European investment programmes, focusing on measures
supporting growth of businesses, on employment and on new welfare policies. The Lithuanian
Seimas
noted that the EU budget should be increased for implementing the common energy
policy, a key factor to EU security. Furthermore, promoting public funding for research and
development and encouraging private investment, including through favourable financing and tax
incentives, was something that the Portuguese
Assembleia da República
would consider as vital in
order to change the current situation.
PART C – Governance of Europe 2020
Role of the European Semester in the implementation of the revised strategy
When asked if the European Semester had so far provided an effective framework for policy
implementation, most of the respondent Parliaments/Chambers (20 out of 25) answered in the
affirmative, assessing it as "a useful and well-structured process" (Irish
Houses of the Oireachtas)
"with sufficient flexibility" (Estonian
Riigikogu).
The Belgian
Chambre des Représentants
pointed out that the European Semester forced EU
Member States to consider their respective NRPs and NSPs as a whole, and to integrate their
budgetary processes into a coherent structure and time schedule.
The European Semester as a structured process had become an integral part of debates at the
German
Bundestag,
with a general assessment that a balanced approach combining fiscal
discipline and economic coordination could contribute to fostering the EMU.
The UK
House of Commons
deemed that the principle that EU Member States could learn from
each other's experiences was the right approach towards promoting growth and structural reform
throughout the EU.
The Cyprus
Vouli ton Antiprosopon
added, on a more critical note, that closer economic
coordination and integration at the European level must be accompanied by tighter democratic
controls both at national and European level.
The UK
House of Lords
noted that national Parliaments needed "more effective purchase" on the
European Semester, which was an essential element of their key role in scrutinising national
economic and financial policies.
The European Parliament was among those Parliaments/Chambers which considered that the
European Semester had not so far provided an effective framework for policy implementation
(BUDG, ECON and EMPL Committees). Not only the Member States' track record of implementing
the CSR was weak, but also the EU and euro area dimension was not sufficiently taken into
account, particularly with regard to spill over effects of policies to be implemented at national
level. The BUDG Committee said that the resources fell short of the ambitious objectives set and
lots of improvements were needed.
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A wide majority of the respondent Parliaments (19 out of 22 and the European Parliament's BUDG,
ECON and EMPL Committees) viewed the European Semester also as a means for further
improvement of the revised Europe 2020 strategy.
The French
Sénat
considered that the Europe 2020 strategy could be improved through the
European Semester by not overly focusing on the NSP, but rather on the NRP, seen as key to the
success of its implementation.
The Italian
Camera dei deputati,
considering that the European Semester did not provide an
effective framework for the Europe 2020 implementation up to now, suggested that the Europe
2020 goals, especially social indicators, should be emphasised and taken into account at all steps
in the Semester procedure. In this regard, full implementation of the European Commission
communication "Strengthening the Social Dimension of the Economic and Monetary Union" (COM
(2013) 690), proposing a scoreboard of five additional social indicators to be included in Europe
2020, would constitute an important step. Coherence and coordination between budgetary and
public finance objectives and growth-enhancing policies were required, especially in the CSRs. The
Greek
Vouli ton Ellinon
and the Slovak
Národná rada
indicated that the implementation of the
revised strategy could be improved by incorporating its targets into CSRs, thus making Europe
2020 targets more binding. It would also enhance public awareness and interest.
The European Parliament in its resolution
6
, considered that more can be done within the Semester
framework, not only for democratic accountability but also for effectiveness. The EMPL committee
specifically called on the European Council and the Commission to incorporate the monitoring and
evaluation of the Europe 2020 employment, social and education goals more effectively into the
European Semester process.
A more cautious approach was taken by the UK
House of Lords,
which issued a warning of the risk
of 'overloading' the European Semester by adding further elements to it.
Both the Romanian
Camera Deputaţilor
and
Senat
reminded that the strategy could be achieved
only if individual countries' efforts were properly coordinated between Member States, involving
all relevant actors. It was pointed out that EU institutions had collectively achieved a greater say in
national policy-making in this process.
The Austrian
Nationalrat
and
Bundesrat,
the Polish
Sejm
and the Romanian
Camera Deputaţilor
found regretful the European Semester's narrow timetable that limited opportunities of national
Parliaments and the European Parliament for timely intervention. Furthermore, the French
Sénat
considered it would help if the European Parliamentary Week did not take place in January, at a
time when the Commission is conducting the AGS, but rather in late March or early April, after the
Council issues (March) guidelines for national policies and before Member States present (April)
their NRPs and NSPs.
Several Parliaments mentioned the involvement of national Parliaments at all stages as a key
precondition for the implementation of the strategy and, therefore, the achievement of its goals.
6
European Parliament resolution of 20 November 2012 with recommendations to the Commission on the report of
the Presidents of the European Council, the European Commission, the European Central Bank and the Eurogroup
"Towards a genuine Economic and Monetary Union", P7_TA(2012)0430
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The Czech
Senát
reminded that national Parliaments were the bodies that adopted and
implemented individual economic policy recommendations through the national legislative
process. Therefore, active involvement of national Parliaments in the European Semester, the first
phase of the EU's annual cycle of economic policy guidance and oversight, could contribute to the
strengthening of its democratic legitimacy and enhance effectiveness.
The Lithuanian
Seimas
proposed establishing a national Parliament/Government cooperation and
control structure, involving social partners, whereby national Parliaments could assume a key role
in exercising results-oriented parliamentary control. It proposed establishing deeper cooperation
between the European Parliament and national Parliaments, going beyond the mere exchange of
views during the Parliamentary Week. The Latvian
Saeima
suggested that the Member States
should hold more in-depth talks during the European Semester on strategy implementation,
leading to more uniform understanding and more active involvement of Member States in
addressing common issues.
The large majority of the responding Parliaments/Chambers (23 out of 26 and the European
Parliament's ECON and EMPL Committees) agreed with the statement that the European Semester
should be re-geared towards growth and employment; some of these stressed that this could be
attained only by preserving gains achieved in fiscal consolidation and promoting fiscal
sustainability. Three Parliaments disagreed, noting that fiscal stability should remain of paramount
importance (Hungarian
Országgyűlés,
Czech
Poslanecká sněmovna,
Dutch
Tweede Kamer).
The Finnish
Eduskunta
underlined the need for a very careful balance between stronger growth
and employment enhancing policies and fiscal stability. The Latvian
Saeima
noted that the long-
term strengthening of the economy was not only a matter of balancing budgets, but required a
sound strategic structural policy. Structural reforms and economic consolidation were generally
seen by the German
Bundestag
as important factors contributing to economic growth and
employment. Also, according to the latest European Parliament resolution
7
on the European
Semester, "Europe and the Member States need, beyond fiscal consolidation, structural reforms
leading to real, sustainable and socially balanced growth, sustainable employment and
strengthened competitiveness while more specific and urgent measures should be taken to tackle
the unacceptably high levels of unemployment, in particular youth unemployment".
Many Parliaments focused on policies, within the framework of the European Semester, which
enhanced growth and employment and on measures aimed at fighting poverty.
The Italian
Camera dei deputati
noted that Europe 2020 should be reviewed within the framework
of a more general EU strategy aiming at achieving higher growth rates in all European countries,
reducing the widening wealth disparities in the EU, and restoring competitiveness to European
economies, especially with reference to productivity. Accordingly, three steps to this end were
required; firstly, implementation of the plan, announced by the President of the European
Commission Jean-Claude Juncker, that sought to deploy up to € 300 billion's worth of public funds
over the next three years; secondly, full use of the flexibility laid down in the current rules of the
SGP in order to promote investment at national level; and thirdly, specific initiatives aimed at
capitalising on the specific qualities of the European system, such as its social market economy, by
7
European Parliament resolution of 25 February 2014 on the European Semester for economic policy coordination:
Annual Growth Survey 2014 P7_TA(2014)0128
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mainstreaming the social dimension into all EU policies. The French
Sénat
endorsed the institution
of a fiscal capacity of the Eurozone in order to finance growth and employment measures.
The social dimension was stressed by several Parliaments/Chambers. Both the German
Bundesrat
and the Cyprus
Vouli ton Antiprosopon
welcomed the Commission’s policy on strengthening the
social aspects of the EMU. Furthermore, the Cyprus
Vouli ton Antiprosopon
believed that more
specific proposals were needed to ensure that economic governance took into account the social
dimension. The European Parliament, in its resolution
8
, called "on the Commission to bring
forward, under the European Semester, a proposal to adopt a convergence code based on the
Europe 2020 strategy and establishing a strong social pillar" (ECON Committee).
The UK
House of Lords
supported the introduction of social and employment indicators, urging for
caution in using rigid indicators of poverty as they could exclude certain groups. The European
Parliament's EMPL Committee noted that, in the newly established scoreboard, those indicators
had not been made binding, unlike the Macroeconomic Imbalance Procedure (MIP) scoreboard
and asked the Commission and the Member States to assess this situation in the light of the
growing social and employment imbalances in the EU. Moreover, the EMPL Committee called for
the scoreboard to include additional indicators, in particular child poverty levels, access to
healthcare, homelessness, and a decent work index. In its view, the indicators should, after
consultation with the Parliament, be reviewed on a regular basis. The French
Sénat
suggested
reinforcement of the social dimension through a European unemployment insurance. The
Portuguese
Assembleia da República
noted that the Budget Pact should be interpreted broadly to
ensure that, barring non-compliance, Member States can be given sufficient margin to re-launch
their economies.
The forthcoming review of governance structures as the set of means towards strengthening
Europe 2020 strategy effectiveness
When asked if the forthcoming review of governance structures related to the so-called "Six Pack"
and "Two Pack" could serve to strengthen the effectiveness of the Europe 2020 strategy, 19 out of
22 Parliaments/Chambers and the European Parliament's EMPL Committee answered positively.
The Finnish
Eduskunta
viewed European governance structures merely as a useful reporting
template, without much impact on the actual performance of Member States.
The views of Parliaments/Chambers providing positive assessment varied. The Irish
Houses of
Oireachtas,
the Austrian
Nationalrat and Bundesrat
and the Czech
Poslanecká sněmovna
argued
the assessment depended on the outcome of the review, whereas others mentioned having high
expectations regarding the implementation of this new framework.
The Portuguese
Assembleia da República
noted that the rules introduced alongside the
aforementioned packages worked towards preventing the emergence of fiscal imbalances in some
Member States. It however called for a more flexible interpretation of some of the forecast items,
so that measures could, if needed, be introduced to reach the Strategy 2020 goals without
jeopardising public accounts' long-term balance. A similar position was expressed by the Italian
8
European Parliament resolution of 12 December 2013 on constitutional problems of a multitier governance in the
European Union, P7_TA(2013)0598)
21
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Camera dei deputati
which considered the review as an opportunity to ensure that SGP and the
Macro-Economic surveillance took into account the need to promote growth, employment and
social goals. To this end, more flexibility should be introduced in the application of the rules
concerning public debt.
A different view was expressed by the Latvian
Saeima
which, whilst ready to begin constructive
talks towards improving the economic governance framework of the Union, strongly advised
against any amendments that could weaken the SGP. In its view, any watering down of existing
rules would weigh down on the credibility of the Pact, as well as undermine the confidence in the
financial markets. Also, the Romanian
Senat
saw implementing the "Six-Pack" and "Two-Pack" as
potentially leading to sound fiscal policies and believed that the effectiveness of Europe 2020
strategy relied on such instruments.
The European Parliament's EMPL committee believed that the revenue collected from fines
resulting from the collection of data for the MIP procedure should be allocated to the financing of
the Member States' NRPs and their consequences as part of the European Semester cycle, with
the aim of reducing economic, employment and social divergences.
The Slovak
Národná rada
believed that changes to the system of governance of EU policies were
needed, so that pressure was put on Member States to align their national policies with the
Europe 2020 goals.
Some respondents focused on the role of national Parliaments in the new governance framework.
The Cyprus
Vouli ton Antiprosopon
saw the new requirement for national governments to report
on how national Parliaments had been involved in the development of NRPs and NSPs, as a
positive step forward. The Polish
Sejm
and the Romanian
Camera Deputaţilor
took a similar view,
adding that increased participation of national Parliaments in the whole process granted it greater
democratic legitimacy and responsibility.
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CHAPTER 2: FUTURE OF THE EU - EU INSTITUTIONS AND PARLIAMENTS
The second Chapter of the Bi-annual Report, building upon previous Bi-annual Reports,
parliamentary debates and contributions of several Parliaments/Chambers, examines the impact of
the European integration process' developments on EU Parliaments five years after the entry into
force of the Lisbon Treaty, in an effort to continue the debate during future Presidencies.
The first part of this Chapter aims at taking stock of the overall impact of new prerogatives
conferred to national Parliaments by the Lisbon Treaty in relation to their role in the EU. Special
focus is placed on the potential of powers not yet exercised by national Parliaments.
The second part presents how EU Parliaments have reacted, both in the context of scrutiny of their
own government and of the political dialogue, to significant innovations introduced by the Lisbon
Treaty, as well as to new trends in the EU policy and decision-making process.
The third part, building on the findings of the 21st Bi-annual Report and following the Conclusions
of the Conference of Speakers of EU Parliaments in Vilnius (6-8 April 2014) where Speakers
proposed that COSAC should explore possibilities for a more efficient use of subsidiarity checks,
collects proposals by national Parliaments and the European Parliament on a further, possibly
federal, development of the European integration process by ensuring more effective participation
of EU Parliaments in the EU decision-making, taking into account also the operational role of
COSAC.
PART A – Implementation of new powers conferred to national Parliaments by the Lisbon Treaty
Application of Treaty provisions relating to national Parliaments
The majority of responding Parliaments/Chambers (17 out of 27) believed that the provisions of
the Treaties conferring powers on national Parliaments had been applied in the best possible way.
When asked which powers conferred on national Parliaments by Article 12 TEU had had the most
positive impact on the good functioning of the Union, the vast majority of responding
Parliaments/Chambers favoured the information provided by the EU institutions (26 out of 28),
the participation in interparliamentary cooperation (26 out of 28), and the subsidiarity checks (24
out of 27). Only a few respondents referred to the cooperation in the framework of the area of
freedom, security and justice (12 out of 28), the participation in the Treaty revision procedures (11
out of 28) and the notification of applications for accession to the Union (10 out of 28) as effective
powers.
Concerning the information provided by EU Institutions, the Italian
Camera dei deputati
and the
Austrian
Nationalrat
and
Bundesrat
stressed that this flow of information helped national
Parliaments be better involved at a very early stage of the EU decision-making process. According
to the Romanian
Deputaţilor,
national Parliaments were put on an equal footing with their
Governments in terms of access to documents.
With regard to participation in interparliamentary cooperation, the Lithuanian
Seimas,
the UK
House of Lords
and the Czech
Senát
pointed out that interparliamentary cooperation helped
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politicians to scrutinise effectively the most relevant EU dossiers. It enhanced national
Parliaments' capacity to hold national Governments to account (UK
House of Lords)
and was an
important tool for the qualitative and in-depth involvement of national Parliaments in the EU
decision-making process (Portuguese
Assembleia da República).
While welcoming the idea of further developing interparliamentary cooperation, the European
Parliament's AFCO Committee stated that it did not replace normal parliamentary scrutiny
exercised by the European Parliament in accordance with the competences conferred on it by the
Treaties and by national Parliaments over their governments’ EU-related activities.
Regarding subsidiarity checks, the Italian
Camera dei Deputati
and the Portuguese
Assembleia da
República
stressed that it should not be a priority; what really mattered was the influence on the
content of the EU policies and decisions. The Czech
Senát,
the UK
House of Lords,
the German
Bundestag,
the Estonian
Riigikogu,
the Dutch
Tweede Kamer
and the
Italian Senato della
Repubblica
also stressed the importance of political dialogue. The Portuguese
Assembleia da
República
stated that it would be useful to receive the European Commission's feedback on the
assessment of the real impact of the "Barroso initiative".
Regarding the subsidiarity check procedure, Parliaments/Chambers replying made the following
remarks:
the procedure was not effective and needed improvements (Finnish
Eduskunta);
the subsidiarity control mechanism had been insufficiently used by other Parliaments
(Committee on Constitutional Affairs of the Swedish
Riksdag);
subsidiarity checks enabled national Parliaments to adopt their positions on EU proposals
independently, before national Governments even started their analysis (Romanian
Deputaţilor);
reasoned opinions from national Parliaments often raised pertinent questions about
important aspects, such as the number and scope of delegated acts in legislative proposals,
or the lack of a substantial justification of the conformity of proposals with the principle of
subsidiarity (European Parliament's JURI Committee);
the European Commission did not consistently comply with the obligation imposed by
article 5 of Protocol no. 2 for draft legislative acts to contain "a detailed statement making
it possible to appraise compliance with the principle of subsidiarity and proportionality"
(UK
House of Commons
and UK
House of Lords).
The UK
House of Commons
9
asked the
European Commission to include such a statement in its explanatory memorandum, which
formed part of the draft legislative act and was translated into all official languages of the
EU, and not in the annexed impact assessment;
in general, the European Commission's responses to reasoned opinions and opinions were
not deemed satisfactory, in particular because of their brevity, generality and delay in their
receipt
10
. National Parliaments and the European Commission should work together to
determine appropriate guidelines for the European Commission to respond to reasoned
opinions (UK
House of Lords);
9
Letter sent to the European Commission on 26th June 2014
UK
House of Commons
and
House of Lords,
French
Sénat,
Czech
Poslanecká sněmovna,
Irish
Houses of the
Oireachtas,
Austrian
Nationalrat
and
Bundesrat,
Czech
Senát,
Cyprus
Vouli ton Antiprosopon,
Luxembourg
Chambre
des Députés
10
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the European Commission did not take into due account the "yellow card" on the Proposal
for a Council Regulation on the establishment of the European Public Prosecutor's Office
11
(EPPO) (Dutch
Tweede Kamer,
Austrian
Nationalrat
and
Bundesrat,
Czech
Senát
and
Poslanecká sněmovna).
The European Commission should make an undertaking - when a
"yellow card" has been issued it would either drop or substantially amend the proposal in
question (UK
House of Lords);
national Parliaments should engage in a debate on changes to increase the effectiveness of
the "yellow card" procedure, without Treaty change and with a view to codifying them at a
later stage, such as allowing a longer deadline for national Parliaments to issue reasoned
opinions (UK
House of Lords);
the threshold for triggering a "yellow card" should be lowered, even slightly (Czech
Poslanecká sněmovna,
Austrian
Nationalrat
and
Bundesrat);
With regard to some of these remarks, the UK
House of Commons
acknowledged, nevertheless,
that the European Commission had already stated that it had reviewed its internal procedures to
shorten the time taken to reply; in its replies it endeavoured to cover the major points raised by
national Parliaments and invited national Parliaments, which were not satisfied with a reply, to ask
for further explanations; it agreed that the explanatory memorandum was the appropriate place
for the statement and reviewed its working methods accordingly.
The UK
House of Commons
added that, in its report
12
on the reform of the scrutiny system, the
Scrutiny Committee proposed changes which would give the UK Parliament additional powers.
Concerning cooperation in the framework of the area of freedom, security and justice, some
national Parliaments replied that it was crucial and should be more effective (Greek
Vouli ton
Ellinon,
Romanian
Camera Deputaţilor,
Italian
Senato della Repubblica,
Dutch
Tweede Kamer).
The
Romanian
Camera Deputaţilor
stated that this "new field where European Parliament and national
Parliaments gain more decision power fits the quest for legitimacy and for bringing the Union
closer to its citizens".
Regarding participation in the Treaty revision procedures, the Romanian
Camera Deputaţilor
replied that it allowed national Parliaments to reflect on constitutional aspects of the EU.
However, the Finnish
Eduskunta
commented that all these tools were necessary, but not
remarkable and that what really mattered was national Parliaments' real influence on European
policies and, in this regard, the Treaty of Lisbon had not changed much, while the Polish
Sejm
observed that national Parliaments had limited influence on the functioning of the EU as
demonstrated with regard to the "yellow card" on the EPPO proposal.
The European Parliament's AFCO Committee stated that, on the basis of five years' experience,
"the instruments" or "tools" developed for implementing Protocols 1 and 2 of the Lisbon Treaties
could be evaluated and improvements could be introduced thus avoiding amending the Treaties; it
11
12
COM(2013) 534
"Reforming the European Scrutiny System in the House of Commons", European Scrutiny Committee, UK House of
Commons, Twenty-fourth Report of Session 2013-14:
http://www.publications.parliament.uk/pa/cm201314/cmselect/cmeuleg/109/109.pdf
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further commented that national Parliaments could only be capable of influencing decisions of
their respective Governments if they had enough information available, commending the role
played by the tool IPEX.
Potential of new powers not yet exercised
Parliaments/Chambers were asked which powers among those not yet exercised had the greatest
potential to enhance national Parliaments' participation in the EU decision-making process.
Nine Parliaments/Chambers replied actions before the CJEU on grounds of infringement of the
principle of subsidiarity; seven respondents answered veto on bridge clauses.
With regard to actions before the CJEU, the
Estonian Riigikogu,
the Portuguese
Assembleia da
República
and the Italian
Senato della Repubblica
and the European Parliament's JURI Committee
added that this would allow the CJEU to clarify the scope and content of the principle of
subsidiarity and would impact on the role of national Parliaments in the Union's decision-making
process and on how the European Commission responded to national Parliaments (Estonian
Riigikogu,
Portuguese
Assembleia da República).
The Hungarian
Országgyűlés,
the Finnish
Eduskunta,
the Belgian
Chambre des représentants
and
the UK
House of Lords
underlined that both these measures were exceptional and therefore
unlikely to become regular policy instruments, while the Italian
Camera dei deputati
questioned
the effectiveness of such measures as tools to enhance national Parliaments' role.
Part B - National Parliaments and new trends in the EU policy and decision-making process
Tools and procedures regarding new trends in the EU policy and decision-making process
Eighteen Parliaments/Chambers stated that they had developed specific tools or procedures as
regards the rising role of the European Council.
Many national Parliaments replied that they usually held a debate with their Governments on
European Council meetings
13
.
Parliaments/Chambers referred to information provided to them by the Government in debates /
meetings / statements / reports / hearings both before and after the European Council meetings,
only before such meetings and only after such meetings.
In relation to information before and after the European Council meetings:
the Dutch
Tweede Kamer
holds a debate with the Prime Minister before and after
European Council meetings;
13
Dutch
Tweede Kamer,
Czech
Senát,
Estonian
Riigikogu,
Swedish
Riksdag,
French
Sénat,
UK
House of Lords,
Portuguese
Assembleia da República,
Polish
Sejm,
Italian
Camera dei deputati
and
Senato della Repubblica,
Belgian
Chambre des représentants,
German
Bundestag,
Hungarian
Országgyűlés
26
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the Czech
Senát
organises an European Affairs Committee meeting and plenary session
before and after European Council meetings to discuss the programme, the Government's
position and the outcome;
the Prime Minister briefs the European Affairs Committee of the Estonian
Riigikogu
before
and after European Council meetings;
the Portuguese
Assembleia da República
holds hearings with the Secretary of State for
European Affairs before and after European Council meetings, according to relevant
legislation. Furthermore, in the last change to their methodology of EU scrutiny, there was
a provision to monitor and scrutinise European Council documents;
the Minister for European Affairs informs the EU Committee of the Polish
Sejm
before and
after European Council meetings;
the Advisory Committee on European Affairs of the Belgian
Chambre des représentants
may hold a hearing with the Prime Minister before and after European Council meetings;
the Irish
Houses of the Oireachtas
referred to Taoiseach's statements to the House before
and after European Councils;
the Croatian Prime Minister has to submit to the Croatian
Hrvatski sabor
the agenda and
governments position ahead of European Council meetings and a report after them;
in accordance with relevant legislation on the Italian participation to the EU, the Prime
Minister reports in Plenary, both to the Italian
Camera dei deputati
and
Senato della
Repubblica,
before European Council meetings. After the speech of the Prime Minister, a
debate takes place and resolutions are usually adopted. The Government has to take into
account any recommendations formulated by the Parliament. After European Council
meetings, the Minister for European Affairs usually reports to the Committees on Foreign
Affairs and European Policies of both Houses.
In relation to information before European Council meetings:
concerning the Swedish
Riksdag,
according to some recent amendments to the relevant
legislation, the Government consults the Committee on European Affairs before European
Council meetings;
the French
Sénat
holds public debates with the Minister for European Affairs before
European Council meetings;
the Speaker of the Hungarian
Országgyűlés
convenes an
in camera
meeting ahead of
meetings of the European Council where the Prime Minister elaborates the standpoint to
be represented.
In relation to information after European Council meetings, the UK
House of Lords
organises
hearings with the UK Minister for Europe and it is considering whether or not to change its
procedure permanently to hold such hearings also before European Council meetings (as they
already did ahead of the July European Council meeting), while the European Parliament organises
regularly plenary debates with the President of the European Council.
The German
Bundestag
referred generally to the obligation of the Federal Government to inform
the Chamber of meetings of the European Council and provide relevant documents and to regular
plenary discussions or EU Affairs Committee discussions. The Austrian
Nationalrat
and
Bundesrat
said that the EU Committee of the Austrian
Nationalrat
followed issues on the agenda of the
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European Council and that it could adopt opinions by which it gave instructions to the Chancellor
for the negotiations in the European Council.
The UK
House of Commons
replied that "there should be an opportunity for Members in the
Chamber to air issues in advance relating to forthcoming European Council meetings, and rather
than a debate, we recommend that this should be timed to coincide with a session of Oral
Questions on European Union matters".
Fourteen Parliaments/Chambers stated that they had developed specific tools or procedures as
regards the stipulation of intergovernmental treaties in the field of economic governance.
When asked to provide further information, Parliaments/Chambers referred to tools or
procedures relating specifically to the Inter-parliamentary Conference under Article 13 of the TSCG
and generally to other procedures.
Concerning tools or procedures relating to the Inter-parliamentary Conference under Article 13 of
the TSCG, Parliaments/Chambers provided, among others, the following information:
the Spanish
Cortes Generales
stated that it had appointed a permanent delegation
composed of Members of both Chambers to participate;
the Polish
Sejm
informed that it introduced rules regarding the involvement of the
Committees on European Union Affairs, on Economy and on Public Finance which
represent the
Sejm
in those meetings and which together tackle the issues related to the
European Semester.
Concerning tools or procedures relating to other procedures, Parliaments/Chambers provided,
among others, the following information:
the Dutch
Tweede Kamer
had agreed with their Government upon an information protocol
concerning the decision-making process of the EFSF and the ESM, which guaranteed the
ex
ante
involvement of the Parliament;
the Portuguese
Assembleia da República
held hearings, with the participation of the
Government, on various instruments of the European Semester, particularly on the SGP;
concerning intergovernmental treaties, legal provisions provided that the Government had
to, according to relevant legislation, "keep the
Assembleia da República
informed, in
sufficient time, about the issues and debating positions in European institutions as well as
on the proposals under discussion and the on-going negotiations, sending all relevant
documentation as soon as it is presented or submitted to the Council, in particular, on
draft treaties or agreements concluded by the European Union or between Member States
in the context of the European Union";
the Italian
Camera dei deputati
and
Senato della Repubblica
replied that, according to
relevant legislation, the Italian Government had to promptly inform the Italian Parliament
"about any initiative aiming at concluding agreements among EU member States whereby
fiscal rules are introduced or strengthened or that anyhow have important fiscal
consequences. Parliament may issue recommendations to the Government, which the
Government must comply with or – if this is not the case – explain to Parliament why it
took a different course of action";
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the German
Bundestag
pointed out that the Federal Constitutional Court had confirmed
that agreements under international law are also part of EU affairs, if they complemented
the law of the EU or had other particularly close links with EU law. As regards economic
governance, parliamentary involvement is covered by the Act on Financial Participation in
the ESM
the Austrian
Nationalrat
and
Bundesrat
replied that they set up a sub-committee dealing
with matters regarding the ESM;
the Czech
Senát
informed it introduced an internal procedure to monitor the European
Semester (discussing the AGS, the Spring European Council and the preparation of NRP and
NSP, scrutinising the draft CSRs and issuing an opinion before they are adopted by the
Council);
the French
Sénat
replied that the Committee on Finance was involved in the procedures
linked to the application of the TSCG;
the European Parliament's ECON Committee informed that the European Parliament was
invited as observer during the negotiation on the TSCG in the EMU.
Twelve Parliaments/Chambers replied that they had developed specific tools or procedures
regarding the involvement of Parliaments in trade agreement negotiations.
Several Parliaments/Chambers stated that they usually followed trade agreement negotiations
14
and showed great interest for the TTIP negotiations
15
. The European Parliament's INTA Committee
welcomed the "parliamentarisation" of trade policy at EU level, stating that it was aware of some
calls for further involvement of national Parliaments in the scrutiny of draft trade agreements. It
also expressed its willingness to continue the trend of bilateral meetings with parliamentarians
interested in trade issues.
The
House of Lords
informed that their European Union Committee conducted an inquiry into the
TTIP and published a report in May 2014.
The Dutch
Tweede Kamer
stated that it sent jointly with other Parliaments a letter to the
European Commission to stress the importance of involving national Parliaments in the phase of
the TTIP negotiations.
When asked about other initiatives, the UK
House of Commons
stated that the UK Government
kept the House updated on the trilogue process and also if there were material changes during
negotiations within the Council. The Portuguese
Assembleia da República
informed that it held
hearings with the participation of the Government, on the 'State of the Union of the President of
the European Commission' and a debate on the priorities of each Presidency of the Council of the
EU.
14
French
Sénat,
Estonian
Riigikogu,
Irish
Houses of the Oireachtas,
Belgian
Chambre des Représentants,
German
Bundestag
15
French
Sénat,
UK
House of Lords,
Irish
Houses of the Oireachtas,
the Croatian
Hrvatski sabor,
the Portuguese
Assembleia da República,
Luxembourg
Chambre des Députés
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Treaty provisions in relation to delegated acts (Article 290 TFEU)
Twenty out of 37 responding Parliaments/Chambers stated that they had not taken a formal
position on Treaty provisions in relation to delegated acts (Article 290 TFEU).
When asked to present their views on the main critical aspects, Parliaments/Chambers pointed
out the following:
the excessive use of delegated acts (Czech
Senát,
French
Sénat,
Portuguese
Assembleia da
República,
Austrian
Nationalrat
and
Bundesrat,
Italian
Senato della Repubblica,
Luxembourg
Chambre des Députés
);
the need and impact of delegated acts should always be evaluated carefully on a case-by-
case basis (Finnish
Eduskunta);
legislative acts should explicitly define the objectives, content and scope of the delegation
of power and the latter should not be vague or too extensive (Czech
Senát,
French
Sénat,
Swedish
Riksdag,
Czech
Poslanecká sněmovna,
Polish
Sejm,
German
Bundesrat,
Austrian
Nationalrat
and
Bundesrat,
European Parliament's JURI Committee). The essential
elements shall not be the subject of a delegation of powers (Czech
Senát,
French
Sénat,
Polish
Sejm,
German
Bundesrat,
Hungarian
Országgyűlés,
Italian
Senato della Repubblica,
Austrian
Nationalrat
and
Bundesrat,
the latter pointing out that the definition of "essential
elements" was not clear);
the interpretation of the concept of "duration of the delegation of powers" should not lead
to delegation of power unlimited in time (Italian
Senato della Repubblica,
Polish
Sejm,
German
Bundesrat).
The Italian
Senato della Repubblica
stated that otherwise national
Parliaments would be deprived of the power, conferred by the Treaty, to scrutinise any
amendments to the provisions that were the object of delegation. It added that a better
solution could be to limit the duration of the delegation to five years, with a tacit extension
for the same period subject to presentation of a report by the European Commission;
concerning the selection procedure for the Committee of experts assisting the European
Commission in the preparation of delegated acts, the European Commission should return
to the practice of experts from Member States (French
Sénat
and German
Bundesrat)
and
the procedure should be clear (Austrian
Nationalrat
and
Bundesrat);
the EU should determine an appropriate period for objection on a case-by-case basis, that
must be sufficient to enable effective control of the delegation, without unduly delaying
the entry into force of uncontroversial delegated acts (European Parliament's JURI
Committee). The deadline should not be shortened from three month to two months
(German
Bundesrat);
a model of cooperation between national Parliaments and EU Institutions for the scrutiny
of delegated acts should be established, even if only on an informal basis (Portuguese
Assembleia da República);
national Parliaments should be empowered to initiate a revocation of the delegation by
the legislators (Danish
Folketing);
the European Commission and the Council should engage with the European Parliament in
negotiations on the criteria for the appropriate application of Articles 290 and 291 TFEU, in
the framework of the revision of the Interinstitutional Agreement on Better Law-making
(Romanian
Camera Deputaţilor).
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The European Parliament's JURI Committee stated that the choice between the use of delegated
or implementing acts had caused difficulties in many negotiations on new legislative proposals by
the European Commission and proposals aligning the existing legislation with the Lisbon Treaty.
The active role of national Parliaments in the fields of subsidiarity checks and the use of delegated
acts provided, in its view, for the possibility of fruitful cooperation and exchanges between
national Parliaments and the European Parliament.
The UK
House of Lords
added that over the last two years it had requested that the UK
Government formalise the system of consultation for delegated and implementing legislation, and
explicitly stated in the Explanatory Memoranda when a legislative proposal contained provisions
to make delegated or implementing legislation (from May 2013 - May 2014, it was consulted on
80% of the adopted delegated legislation).
Public consultations and national Parliaments
A large majority of the responding Parliaments/Chambers (25 out of 30) supported the idea of
ad
hoc
national Parliaments’ public consultations and of having a dedicated section for national
Parliaments’ replies in the European Commission’s summary report on the consultation.
Several Parliaments/Chambers further elaborated on the subject. The Finnish
Eduskunta
stated
that it neither opposed nor expressly supported these ideas, but as a matter of democratic
legitimacy, the European Commission should take more seriously the inputs of national
Parliaments, in particular relating to consultations, which did not necessarily require institutional
arrangements or further complication in formal procedures, but rather a more professional
approach.
The UK
House of Lords
report on the role of national Parliaments in the EU
16
recommended that
the European Commission should "make clear when and how national Parliaments have
influenced the development of policies", including identifying national Parliaments' contributions
in their summary reports following public consultations. Furthermore, the Commission's annual
report on relations with national Parliaments should be used to identify the impact of national
Parliaments' engagement. The Belgian
Chambre des représentants
commented that Parliaments
were not likely to have sufficient know-how to satisfactorily cope with those very specialised and
technical issues. The European Parliament's AFCO Committee, while it was open to the
development of wide - ranging relations between national Parliaments and the Commission,
highlighted that the European Parliament should be more closely involved in the political dialogue,
mainly in view of the interdependence between the decisions of the European Parliament and
those of national Parliaments.
Early legislative agreements under first reading in the EU decision-making process
Seventeen out of 27 Parliaments/Chambers, as well as the European Parliament's AFCO
Committee, saw early legislative agreements under first reading as positive with regard to the EU
16
"The Role of National Parliaments in the European Union", European Union Committee, House of Lords, 9th Report
of Session 2013-14:
http://www.publications.parliament.uk/pa/ld201314/ldselect/ldeucom/151/151.pdf
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legislative process. When asked to further elaborate on the subject, 4 Parliaments/Chambers
17
and the Green Party of the Austrian
Nationalrat
and
Bundesrat
explicitly regarded early legislative
agreements under first reading as positive stating that it speeded up, simplified and/or made the
legislative process more efficient. Five Parliaments/Chambers
18
, on the other hand, explicitly
regarded it as negative, due to the lack of transparency and insufficient democratic scrutiny. The
Finnish
Eduskunta
referred to the weakening of the overall democratic scrutiny of EU legislation
and thus the primary role of the European Parliament as a democratic institution. For the Czech
Senát
the procedure was highly non-transparent and of dubious added value; in its view, most
Member States’ representatives in the Council were excluded from the negotiations, which clearly
affected the possibilities of parliamentary scrutiny. It also argued that the engagement of the
European Parliament lacked the merits of parliamentary decision-making stipulated in the
Treaties, through which the European Parliament should contribute to the legitimacy of EU
legislation; first reading agreements posed a significant threat to the legitimacy of EU legislation,
as well as its quality, due to the risk of pressure from, among others, particular interests of
lobbying groups.
Several Parliaments/Chambers regarded early legislative agreements under first reading as
positive, but raised concerns mainly on the decreasing transparency of the EU decision-making
process and, in some cases, referred to the lack of sufficient control by national Parliaments. The
Polish
Seijm
associated the issue with the importance of the documents and the scope it covered.
The UK
House of Lords
noted that, even though the UK Government provided information and
updates to the EU Committee on the content of first reading deals, this was often taking place
after the agreement had been reached. In this regard, in its report on the role of national
Parliaments, it suggested that the Council should consider making a commitment that, if a draft
legislative proposal was significantly altered during negotiations between the co-legislators, it
would give sufficient time (no less than 12 weeks) for national Parliaments to scrutinise the
amended proposal before agreement in the Council.
Half of the responding Parliaments/Chambers (18 out of 36) stated that they were informed about
tripartite meetings (trilogues) between the European Parliament, the Council and the European
Commission in the context of the ordinary legislative procedure. Many of them elaborated further
on the procedures.
The Slovenian
Državni zbor
responded that it was sometimes informed, but not in relation to all
acts discussed, while the Danish
Folketing
said it was informed on specific dossiers when
presented to the European Affairs Committee. The Hungarian
Országgyűlés
was informed in a
written report or was briefed by the Government representative about the outcome of trilogue
meetings. The Czech
Senát
and the Belgian
Chambre des représentants
were informed upon
request from the Government, while the Dutch
Eerste Kamer
stated that although it was informed
on the progress of the negotiations, it did not have a clear view on the content. The Swedish
Riksdag
had extensive rights to information through the Government’s obligation to inform and
consult the Committee on EU Affairs ahead of all decisions in the Council, including early
legislative agreements under first reading. The Latvian
Saeima
stated that national positions
subject to parliamentary scrutiny usually comprised a section on the EU institutions’ views,
consequently, when a particular proposal was in a trilogue stage, the national position should
17
18
Czech
Poslanecká sněmovna,
Polish
Senat,
Belgian
Chambre des représentants,
Romanian
Camera Deputaţilor
Finnish
Eduskunta,
Czech
Senát,
Croatian
Hrvatski sabor
Greek
Vouli ton Ellinon,Cyprus Vouli ton Antiprosopon
32
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contain some information on the results of the trilogue. The French
Assemblée nationale
commented that information provided by the Government on negotiations was relatively
satisfactory. The Irish
Houses of the Oireachtas
noted that there was no formal procedure, but
there was good exchange of information at official level. Both the German
Bundesrat
and
Bundestag
received the Council document on trilogue negotiations from the Federal Government,
and the Federal Government’s reports on the trilogue meetings.
When asked whether the increasing number of first reading agreements had an impact on the
procedure of scrutiny of EU acts, only 9 out of 34 Parliaments/Chambers answered positively.
The Danish
Folketing
strengthened in 2006 its scrutiny of legislative proposals to be adopted in
first reading agreements by obligating the Government to present its proposed mandate before
the Government had fixed its position. The Irish
Houses of the Oireachtas
and the Belgian
Chambre
des représentants
clarified that scrutiny took place at an early stage.
The Italian
Camera dei Deputati
and
Senato della Repubblica
described how their parliamentary
scrutiny had been adapted, noting that under relevant legislation, the President of the Council of
Ministers or the Minister for European Affairs are obliged to forward to the Chambers reports and
briefing notes prepared by the Italian Permanent Representation to the EU with reference, among
others, to tripartite meetings as part of the legislative procedures. Taking into account such
information (as well as information and briefing provided by the Department of EU Affairs of the
Chamber), the competent Committees try to conclude the scrutiny before an agreement is
reached through the trilogues. The Cyprus
Vouli ton Antiprosopon
considered that first reading
agreements may not have a positive impact on the procedure of scrutiny of EU acts carried out by
national Parliaments, since there may not be enough time to carry out effective
interparliamentary cooperation in order to influence decisions taken at EU level.
Further commenting on the questions, the Belgian
Chambre des représentants
noted that
agreements under third reading were atypical and less democratic than under the first reading, as
they are reached by i.e. the rapporteur who, in this setting, acted as a non-elected representative
of the European Parliament.
PART C - More effective participation of EU Parliaments in the EU decision-making process and
further developments in EU integration
New instruments and ideas aimed at involving national Parliaments in the EU decision-making
process
Parliaments/Chambers were asked whether they favoured the idea of creating new instruments
aimed at involving national Parliaments in EU decision-making without any formal Treaty changes.
Twenty-one out of 30 respondents favoured the idea.
Three of those providing further information expressly stated that they would like to enhance the
use of existing mechanisms / procedures (Dutch
Tweede Kamer,
Latvian
Saeima
and Belgian
Chambre des représentants).
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Adding to this, the UK
House of Lords
and the Dutch
Tweede Kamer
supported, among others, the
extension of the deadline for subsidiarity checks. The latter also expressed the opinion that certain
possibilities, such as the possibility to scrutinise proportionality, to increase the political dialogue
and to introduce a "green card", should be discussed with the European Commission. The Danish
Folketing,
the UK
House of Lords,
the French
Sénat
and the Italian
Senato della Repubblica
supported the suggestion of the Dutch
Tweede Kamer
to introduce a "green card" to give national
Parliaments the possibility to recommend new legislation, including proposals to review or repeal
existing legislation, to the European Commission. The Italian
Senato della Repubblica
suggested
making good use of COSAC, in this area, and the Czech
Senát
said the "green card" could
significantly contribute to national Parliaments' participation and awareness on EU issues. Three
Parliaments/Chambers made reference to proposals submitted in relevant reports that they have
issued. The UK
House of Lords,
referring to the report
19
of its European Union Committee,
supported that the "yellow card" procedure could be improved by political agreement between
national Parliaments, the Council and the European Commission. The French
Assemblée nationale
mentioned its numerous and ambitious proposals including the proposal to institutionalise a
permanent Assembly of national Parliaments vested with the power of co-decision on issues
related to economic governance, defence and certain aspects in the field of freedom, security and
justice
20
. The French
Sénat
proposed creating a Permanent Representation of national Parliaments
composed of members appointed by each Chamber/Parliament, which would meet periodically
and when necessary. The Danish
Folketing
referred to its recommendations in the document of its
European Affairs Committee
21
. The Romanian
Camera Deputaţilor
suggested, amongst others,
setting up a list of all legislative proposals on which national Parliaments have signalled a possible
problem, and enhancing democratic legitimacy and ownership by national parliamentarians of the
EU. Referring to the proposals of the Danish
Folketing,
it supported strengthening the role of
national Parliaments in holding their Head of State or Government accountable regarding
European Council decisions, setting up a code of conduct on good interparliamentary meetings,
organising meetings of clusters of Parliaments/Chambers on issues of shared interests and
enhancing the bilateral ties between national Parliaments and the European Parliament.
Enhancing the cooperation between national Parliaments and the European Parliament and the
political dialogue was also stressed by a few other Parliaments/Chambers. While not supporting
the creation of new mechanisms, the Latvian
Saeima
advocated more efficient use of existing ones
and the improvement of certain informal cooperation mechanisms through cooperation between
political groups, committees and rapporteurs. Along the same lines, the Lithuanian
Seimas
made
reference to better communication between the European Parliament's specialised committees
and national Parliaments. The Italian
Senato della Repubblica
spoke of direct engagement
between the European Parliament and national Parliaments at committee level based on Article
142 (3) of the European Parliament's Rules of Procedure, referring to appropriate forms of pre-
legislative and post-legislative cooperation.
19
20
UK
House of Lords
report, see footnote 16
Rapport d'information déposé par la Commission des affaires européennes sur l’approfondissement démocratique
de l’Union et présenté par Mme Danielle Auroi:
http://www.assemblee-nationale.fr/14/pdf/europe/rap-info/i1200.pdf
21
Folketinget: Twenty-three recommendations to strengthen the role of national parliaments in a changing European
governance, European Affairs Committee, Danish Parliament, January 2014:
http://www.eu-oplysningen.dk/upload/application/pdf/2d81b9f4/Twenty_three_recommendations.pdf%3Fdownload%3D1
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The AFCO Committee of the European Parliament believed that the Treaty provisions on the early
warning mechanism in Protocol 2 of the Lisbon Treaty were clear and that their purpose was not
to block the decision-making process, but to improve the quality of EU legislation by ensuring, in
particular, that the EU operated within its competencies. In this context, it added that all new
instruments should be viewed and used as one of the tools for ensuring effective cooperation
between European and national Institutions and that their use did not require formal Treaty
changes
22
.
The Dutch
Eerste Kamer,
the Irish
Oireachtas
and the AFCO Committee of the European
Parliament were open to discuss further instruments, whereas the Finnish
Eduskunta,
being
neither in favour of nor against creating new instruments, expressed the view that every national
Parliament has, in the context of its national constitutional arrangements, the means to maximise
its role in EU policy formulation.
The vast majority of Parliaments/Chambers (26 out of 31) replying supported that ideas, such as
the ones proposed by some Parliaments (see paragraphs above) should be taken into
consideration by COSAC in order to foster further interparliamentary cooperation.
A number of Parliaments/Chambers supported various ideas in this regard. The most recurring
ones were related to a possible "green card" procedure, an enhanced political dialogue, the
scrutiny/examination of draft trade agreements and to issues regarding the "yellow card"
procedure.
Regarding a possible "green card", the Polish
Sejm
stated that introducing such a procedure
seemed to be in line with the idea of increasing the participation of national Parliaments in the EU
decision-making process, but that, however, its implementation did not depend on COSAC and
would require expression of good will by the European Commission.
Regarding the "yellow card" procedure
23
, some Parliaments/Chambers proposed taking into
consideration and discussing ideas such as improving the "yellow card" (Dutch
Tweede Kamer,
French
Sénat,
Portuguese
Assembleia da República),
jointly evaluating the European Commission's
reply in the cases where a "yellow card" is issued (Slovenian
Državni zbor),
making subsidiarity
checks more efficient in an early stage throughout the end of the decision-making process
(Hungarian
Országgyűlés),
revising and extending the deadline for subsidiarity checks (Czech
Senát,
Estonian
Riigikogu,
UK
House of Lords,
Croatian
Hrvatski sabor).
Other notable proposals included discussion about, amongst others, establishing a working group
of the European Commission to set up an action plan to strengthen the role of national
Parliaments (Dutch
Tweede Kamer),
closer informal cooperation amongst national Parliaments
(Polish
Senat)
and whether
ad hoc
working groups could be established under the auspices of
COSAC to discuss and debate specific policy matters with a view to presenting discussion papers to
COSAC Plenary, or to take forward agreed conclusions (UK
House of Lords).
22
European Parliament resolution of 16 April 2014 on relations between the European Parliament and the national
parliaments, P7_TA(2014)0430
23
See also Part A of Chapter 2 above.
35
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According to the German
Bundestag,
besides bilateral exchanges of experience, the political
dialogue within COSAC was considered to be useful. The German
Bundestag
specified that,
regarding the Dutch and other proposals in this area, it had no formal position.
On a different note, the Finnish
Eduskunta
stated that all the proposals mentioned may prove
useful as
ad hoc
measures, but that it saw no need to institutionalise these, as there was nothing
stopping national Parliaments from working together on any topical subject. The Belgian
Chambre
des représentants
stressed that the existing procedures should be optimised, that there was no
need to formalise the "green card" procedure as national Parliaments' proactive approach already
corresponded to such a procedure and that national Parliaments already actively participated in
policy-setting through the Laeken Declaration.
The Spanish
Cortes Generales
stated that it would eventually accept that the proposals suggested
be taken into consideration provided the Presidency accepted this and as long as this decision did
not interfere with the agenda of COSAC agreed by the Troika.
The AFCO Committee, replying negatively, mentioned Article 9 of Title II of Protocol 1 of the
Lisbon Treaty supported the development of an 'understanding' between national Parliaments and
the European Parliament as basis for efficient cooperation, underlining that COSAC should remain
the forum for regular exchange of views, information and best practices in relation to practical
aspects of parliamentary scrutiny.
More efficient use of subsidiarity checks
In paragraph 22 of the Conclusions of the Conference of Speakers of EU Parliaments in Vilnius, 6-8
April 2014, the Speakers propose that COSAC should explore the possibilities for more efficient use
of subsidiarity checks, and that the next Conference of Speakers could consider any such work
undertaken by COSAC. In this light, Parliaments/Chambers were asked to present their proposals
in the framework of the existing treaties to make more efficient use of subsidiarity checks.
Various ideas were presented regarding Parliaments/Chambers' cooperation as well as the
procedures of subsidiarity checks. A number of Parliaments/Chambers underlined the importance
of reinforcing cooperation among Parliaments/Chambers when scrutinising legislative proposals
(Lithuanian
Seimas,
French
Sénat,
Estonian
Riigikogu,
Danish
Folketing,
Latvian
Saeima).
The
Danish
Folketing
suggested that national Parliaments should exchange views and experiences with
regard to their assessment of the subsidiarity principle, taking into account the views expressed by
the European Commission and other European institutions. It further proposed that they could
exchange a list of prioritised proposals selected from the Commission work programme (CWP)
before 31st January. The Latvian
Saeima
referred to better cooperation and coordination to
improve the quality and the outcome of subsidiarity checks, for example through the creation of a
permanent working group within the framework of the COSAC meetings dealing with subsidiarity
assessments. The governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat
and
Bundesrat,
noting the short deadline for subsidiarity checks, stressed the importance of early
information on the findings of other Parliaments/Chambers underlining that the weekly meetings
of national Parliaments' permanent representatives in Brussels could be a suitable forum of
exchange of information.
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In relation to better exchange of information, the role of IPEX was noted. According to the
Swedish
Riksdag,
measures are needed so that the database can offer better support to
subsidiarity checks. Along the same lines, the Italian
Camera dei deputati
stated that the potential
of the IPEX website should be fully exploited to this effect.
In relation to the procedure, a number of Parliaments/Chambers referred expressly to the
possibility of extending or improving the eight-week deadline (Dutch
Tweede Kamer,
Finnish
Eduskunta,
Czech
Senát,
Swedish
Riksdag,
UK
House of Lords,
Portuguese
Assembleia da
República).
The Swedish
Riksdag
stated that "the Committee on the Constitution has drawn the
conclusion that the subsidiarity control mechanism is ineffective in its current form. An important
aspect is the excessively short time frame available for carrying out the control. The Committee
considers that an extension should be considered."
Furthermore, the possibility of developing common guidelines and criteria governing the
application of the principle of subsidiarity was proposed (Latvian
Saeima,
Romanian
Camera
Deputaţilor).
The Dutch
Eerste Kamer
referred to its letter addressed to the European Commission of 3rd June
2014 asking the Commission whether the experience of the issuing of two "yellow cards" justify
further clarification or review of the Commission's "Practical arrangements for the operation of
the subsidiarity control mechanism under Protocol no. 2 of the Treaty of Lisbon of 1st December
2009.
The UK
House of Lords,
citing its report
24
, acknowledged that the key elements of the procedure
were set out in the Treaties and could only be changed formally through a revision to the Treaties;
however, it supported the idea of Member States acting together in the Council, in cooperation
with the European Commission, to agree a package of improvements and an inter-institutional
agreement on the scope, the deadline, the Commission engagement, the effect, the threshold and
the timing. It further supported COSAC discussing these six issues.
The Luxembourg
Chambre des Députés
argued that it was essential to have more rapid and more
individualised responses by the European Commission to the arguments presented by national
Parliaments.
What is more, the Polish
Sejm
suggested that COSAC should establish a good relationship with the
new European Commission, as well as discuss and agree on the manner of treating national
Parliaments' opinions, in particular reasoned opinions, especially in the case of a "yellow card".
On a different note, the Italian
Camera dei Deputati
noted that the current procedures and
practices were in principle adequate, therefore there was no need to propose new arrangements.
According to it, "COSAC (or its secretariat) should not be conferred any power to 'coordinate' the
monitoring of subsidiarity by national Parliaments, in order to make it easier to reach the
thresholds set for the early warning mechanism. This would be in contradiction with the conferral
of the relevant responsibilities to the individual parliaments, which exercise them in accordance
with their own procedures and powers. The Lisbon Treaty, moreover, gives no specific powers to
24
UK
House of Lords
report, see footnote 16
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COSAC over subsidiarity, having eliminated all previously existing references". Along the same line,
the AFCO Committee of the European Parliament argued that the control of subsidiarity was not a
collective exercise, but an individual one of every Parliament/Chamber, that concerned specialised
committees of national Parliaments and not only European Affairs committees; in its view, this did
not impede COSAC from examining in detail the problems that national Parliaments' met in
exercising the prerogatives conferred to them by the Lisbon Treaty.
Positions on a potential further development of the European integration process, on
sovereignty issues and on possible federal perspectives
In response to the question whether Parliaments/Chambers had taken a position on a potential
further development of the European integration process, the majority (23 out of 35) replied
negatively.
Five Parliaments/Chambers referred to specific reports issued:
the Dutch
Tweede Kamer
referred to its report entitled "Ahead of Europe: On the role of
the Dutch House of Representatives and national parliaments in the European Union"
25
with three topics relating to the "yellow card", the "green card" and cooperation;
the Finnish
Eduskunta
mentioned its report on the Government's White Paper on EU policy
which provides the Eduskunta's overall views on the future of EU integration;
the French
Sénat
cited its report on the perspectives of the EU
26
which includes twenty-
four proposals on the future of Europe grouped in five chapters regarding rethinking
European governance by organising a Europe of different concentric circles and
differentiated rhythms maintaining the objective of overall consistency, reinforcing
Europe's economic capacity, reforming the institutions, reinforcing the
acquis
et better
communicating on Europe, and encouraging a better identification of Europe by citizens;
the French
Assemblée nationale
referred to the report by the Chairwoman of the
Committee on European Affairs on the democratic deepening of the Union where
proposals were made for reaffirming the democratic anchorage of the EU
27
. In addition, it
cited its resolution regarding the rapid shaping of the Inter-parliamentary Conference
under Article 13 of the TSCG;
the AFCO Committee of the European Parliament referred to the adoption of several
reports
28
in the framework of which the need to make use of the full potential of the
Lisbon Treaty was reiterated; the reports contained suggestions for different modifications
of the Treaties, among others, the completion of a genuine and democratic EMU and the
establishment of a Union of citizens and states.
25
26
http://www.tweedekamer.nl/images/Ahead_in_Europe_181-238660.pdf
Rapport d'information au nom de la commission des affaires européennes sur les perspectives de l’Union
européenne par M. Pierre Bernard-Reymond:
http://www.senat.fr/rap/r13-407/r13-4071.pdf
27
Mme Auroi, French
Assemblée nationale
report, see footnote 20
28
See European Parliament resolutions on Multi-tier economic Governance, P7_TA(2013)0598, Relations with the
European Council, P7_TA(2013)0599, with European Commission, P7_TA(2014)0249, and with National Parliaments,
P7_TA(2014)0430
38
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A few other Parliaments/Chambers expressed an opinion on this. The Portuguese
Assembleia da
República
stated that it had no reservation about starting a debate that could deepen the
European integration process, which would be comprehensive, include national Parliaments and
would take into consideration the general principles governing the foundation of the EU. The
Italian
Camera dei deputati
said that it "stated in several resolutions the need to further develop
the political integration process with a federal perspective. This is considered as a precondition to
give the Union the capacity to respond adequately to global dynamics and prevent the national
interests of Member States from prevailing over the common interest. Only a Union with an
economic government, an independent fiscal capacity, a real foreign policy, a coordinated taxation
policy and effective common policies in other key sectors can meet the expectations of European
citizens and to play an effective role at the global level." The Italian
Senato della Repubblica
stated
that "the general pro-European integration attitude of the Senate has always been present in the
deliberations adopted". It further stated that a general approval had been granted by the main
political groups supporting the Government on the need for a major sharing of sovereignty in
Europe to tackle the growing concerns about the crisis and to overcome its negative effects in a
more efficient way.
Although it stated that no formal position had yet been taken on the potential further
development of the European integration process, the Hungarian
Országgyűlés
explained that its
Committee on European Affairs and Committee on Foreign Affairs debated on a regular basis the
Government's annual report related to Hungary's membership of the EU, as well as the situation
of European integration. Similar issues were often, it added, on the agenda of the EU Consultative
Body.
In response to the question on the fields in which further sharing of sovereignty or, conversely, re-
nationalisation of competences would be required, seven Parliaments/Chambers of 23 responding
stated that they had had no official position on or had not debated this issue.
Four of them are likely to express views and/or adopt a position on this issue.
Some notable remarks of those expressing a view included the following:
the Dutch
Tweede Kamer
had drawn a list of actions on policies that the Netherlands would
prefer to be taken up only at national level, in accordance with the principle of subsidiarity,
and on legislation that, in its view, had been designed or threatened to be designed in a
way that would go beyond what was needed to attain its objectives – based on the
principle of proportionality;
the Finnish
Eduskunta
had emphasised that any further integration should respect the
principle of subsidiarity and involve all Member States whenever possible. It referred to,
amongst others, the importance of citizens' support to further integration, stressing that "it
is obvious that some integration proposals that were tabled under cover of the economic
crisis went further than member states and citizens were willing to accept (e.g. European
Finance Minister, debt redemption fund, common fiscal policy). On the other hand, recent
developments concerning the internal market and digital commerce are examples of
integration that is supported by all member states;
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the Committee on European Affairs of the French
Sénat,
in its report, estimated that the
sharing of competences did not have to be rigid. It referred to the necessity of a precise
evaluation of what the EU was doing and of the added-value of EU law;
the Swedish
Riksdag,
although it had not made any statements in relation to this issue,
referred to a statement of it Committee on the Constitution regarding
the impact of subsidiarity checks and the division of competences between the EU and
Member States and pointed to the importance of monitoring how the long-term
development of EU law affected the division of competence;
the Portuguese
Assembleia da República
considered that any debate in this area would
necessarily be made as part of the Treaties and, consequently, with the participation of
national Parliaments;
the French
Assemblée nationale
29
cited the establishment of Eurobonds, the endowment
of the Eurozone with the fiscal capacity for compensating asymmetric shocks, a better
consideration of European public goods, a more efficient fight against fiscal, social and
environmental dumping and the establishment of real European public services;
according to the Latvian
Saeima,
further sharing of sovereignty would be desirable in all
areas potentially involving cross-border elements. In other areas, such as environmental
protection, a certain re-nationalisation would be preferable in order to allow Member
States with higher level of protection to maintain their national standards;
the Italian
Camera dei Deputati
stressed that a further sharing of sovereignty was urgently
required in the fields of economic and financial governance, taxation (included direct
taxation), immigration, foreign and security policy;
according to the Italian
Senato della Repubblica,
further sharing of sovereignty should be
considered in the field of the EMU, with a special focus on growth, competitiveness and
innovation, and in the field of Single Market, the cornerstone of European integration;
the Greek
Vouli ton Ellinon
estimated that the level of sharing sovereignty was quite
satisfactory;
the AFCO Committee called for a genuine EMU enhancing the Union’s competences, in
particular in the field of economic policy, and strengthening its budgetary capacity and the
role and democratic accountability of the Commission and the prerogatives of the
European Parliament. It added that a better and clearer division of competences and
resources between the EU and the Member States must go hand in hand with a stronger
parliamentary ownership and accountability with regard to national competences.
More than half of Parliaments/ Chambers of those responding expressly stated that they had had
no official position or had not debated the issue as to which institutional changes would be
required.
In relation to institutional changes that would be required:
the Committee on European affairs of the Lithuanian
Seimas
was of the opinion that the
European Parliament should become a genuine European legislator with the right of
legislative initiative and the right to appoint the President of the European Commission. It
also stressed that it was vital to look for possibilities to make the meetings of the Council of
the EU, including those of the European Council, widely open to the general public;
29
Mme Auroi, French
Assemblée nationale
report, see footnote 20
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the Committee on EU affairs of the French
Sénat
30
proposed the election of the President
of the Council by all national parliamentarians and members of the European Parliament
the abolition of the six-month Presidency of the EU, the election of members of the
European Parliament according to a uniform electoral procedure, the increase of the
European Parliament's powers conferring to it, amongst others, the right of initiative,
hierarchising the European Commission according to the importance of the responsibilities
of its Commissioners, reinforcing the organisation of the Eurozone, democratising the
Eurozone by systematically associating national parliamentarians, and abolishing the rule
of unanimity at the Council of the EU;
in her relevant report
31
, the Chairwoman of the Committee on European Affairs of the
French
Assemblée nationale
proposed major institutional innovations, such as the creation
of an Assembly of European people, an electoral procedure of the European Parliament
closer to democratic standards and to the principle "one person one voice", a tightening of
the workforce of the European Commission abandoning the representation of all Member
States. Lastly, and a clarification of the representation of the EU by merging the posts of
the President of the European Commission, the President of the European Council and the
President of the Councils of the Eurozone;
the AFCO Committee considered that a future Treaty change should affirm the Eurosummit
as an informal configuration of the European Council and called for the Commissioner for
Economic and Financial Affairs to be a Treasury Minister and a permanent Vice-President
of the Commission;
the Romanian
Camera Deputaţilor
suggested that national Governments or other relevant
authorities should be urged to include the opinion of the national Parliament, in the
country’s position / mandate for the Council of the EU and European Council negotiations;
the governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat
and
Bundesrat
suggested that a future convention should give special attention to increasing democratic
legitimacy and accountability of the EU’s institutions and to strengthening the role of the
European Parliament, direct citizens’ participation as well as the involvement of national
Parliaments
in
EU
matters.
The
Green
party
noted
that
the
European Parliament should receive the right for legislative proposals, the Council should
become a "Länderkammer" and members of the European Parliament should be voted
through "real" European voting lists;
the Romanian
Senat
underlined that the future of the EU could not depend on a person
and that deeper legitimacy and the idea of general elections should been taken into
consideration.
Out of 23 respondents, more than half replied explicitly that they had no official position or that
they had not considered a possible federal perspective of the EU or of the Euro area. Of these the
Slovak
Národná rada
said it had not concluded a document relevant to a possible federal
perspective of the EU, whereas the Belgian
Chambre des représentants
stated that it had, up to
that moment, always actively supported a realistic and federal EU respectful of the subsidiarity
principle. The Romanian
Camera Deputaţilor
said that, although an explicit position had not been
adopted, a federal perspective was implicitly mentioned in its opinions and positions. The Italian
Senato della Repubblica
replied it did not have an official position in a structured way, but that, in
30
31
French
Sénat
report, see footnote 26
Mme Auroi, French
Assemblée nationale
report, see footnote 20
41
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some debates, that prospect was mentioned by strong pro-European senators. The Romanian
Senat
said that, although it did not have a formal position, there was an internal opinion
supported by many members according to which a deepening process meant a federal option. The
Dutch
Tweede Kamer
stated that various political parties had various views on that issue. For the
AFCO Committee, any future Treaty change should affirm differentiated integration as a tool for
achieving further integration while safeguarding the unity of the Union.
In relation to the question as to how democratic legitimacy should be ensured in case of further
sharing of sovereignty considering in particular the role of the European Parliament and national
Parliaments, Parliaments/Chambers expressed various ideas, a couple of them referring to their
reports (UK
House of Commons
32
and Danish
Folketing
33
).
The views expressed included, among others, the following:
the key to democratic legitimacy in the EU is the accountability of national governments to
their respective national parliaments. The governments should regularly inform the
parliaments on their work in the Council and, in particular, in the European Council whose
procedures should be more democratic, transparent, coherent and predictable. The same
applies to the Euro group summits (Finnish
Eduskunta);
the European Parliament should become a genuine European legislator with the right of
legislative initiative and the right to appoint the President of the European Commission
(Lithuanian
Seimas);
democratic legitimacy and accountability should be ensured through democratic equality,
representative democracy and participatory democracy (Slovak
Národná rada);
the Conference
(i.e. the
Inter-parliamentary Conference under Article 13 of the TSCG) has
to be restricted to parliamentarians of countries in the Eurozone. National Parliaments
have to be integrated also via a permanent parliamentary representation composed of
members appointed by each Chamber/Parliament (French
Sénat);
the cooperation between Parliaments, the European Parliament and the national
Parliaments, should be better defined (Estonian
Riigikogu);
"National parliaments must have more effective purchase on the steps towards enhanced
economic surveillance, encapsulated in the European Semester". Although
interparliamentary cooperation between national Parliaments and the European
Parliament via the Inter-Parliamentary Conference under Article 13 of the TSCG and the
European Parliamentary Week was very valuable, the UK
House of Lords
said, "means
must be found to ensure that EU institutions are accountable not only to the European
Parliament but also to national Parliaments". "The democratic foundations of the EU could
be undermined" "unless steps are taken to strengthen national parliaments' role in
oversight" of further integration
34
;
national Parliaments should keep playing central role in ensuring democratic
representation in a more integrated EU. Strengthened democratic legitimacy implies a
closer cooperation between the European Parliament and national Parliaments, especially
when it comes to issue of having an impact on national budgets (Latvian
Saeima);
32
33
UK
House of Commons
report, see footnote 12
Danish
Folketing
report, see footnote 21
34
UK
House of Lords
report, see footnote 16
42
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the legislative and policy setting role of the European Parliament should be strengthened
and extended to all EU policies. National Parliaments should make a more systematic and
effective use of the general scrutiny and of the political dialogue. The existing fora and
tools of interparliamentary cooperation should be enhanced in order to improve the
exchange of information, views and best practices. New or existing interparliamentary fora
or bodies should not be conferred the competence to express 'collective' positions of
national Parliaments (Italian
Camera dei deputati);
both the European Parliament and national Parliaments should contribute to democratic
legitimacy in their relevant areas of competence (German
Bundestag);
a stronger role for EU Parliaments should be granted by a more structured development of
interparliamentary cooperation stipulated in Article 12(f) TEU and Article 9 of Protocol no.
1. Further extension of the powers of co-decision should be granted to the European
Parliament, while as regards national Parliaments the possibility of adopting specific
provisions on their obligation to scrutinise their respective Government activities in the
Council should be explored (Italian
Senato della Repubblica);
proper legitimacy and accountability must be ensured at national and EU levels by national
Parliaments and the European Parliament respectively; in order to achieve this, it is
important to intensify the cooperation with national Parliaments (AFCO Committee);
Parliaments would keep an important role if they succeeded in regaining the confidence of
the citizens (Romanian
Senat).
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CHAPTER 3: THE MEDITERRANEAN AND THE ROLE OF EU PARLIAMENTS
EU relations with Mediterranean partners have evolved over the past few years as a result of the
establishment of the Union for the Mediterranean in July 2008, the boost given to the
Neighbourhood Policy following the Arab Spring, and the adoption in March 2011 of the Joint
Communication of the European Commission "Partnership for democracy and shared prosperity
with the Southern Mediterranean"
35
, as well as the development of initiatives aimed at addressing
the dramatically increasing migration flows from southern shore countries, including the
establishment of the Task Force Mediterranean.
The third Chapter of the Bi-annual Report focuses on the cooperation between EU and South-East
Mediterranean countries. It highlights Parliaments/Chambers' views on EU actions to address
growing migration flows and presents Parliaments/Chambers' evaluation of the UfM.
This Chapter of the Report is divided into three parts.
The first part focuses on Neighbourhood Policy issues, starting from the Joint Communication of
the European Commission "Neighbourhood at the crossroads"
36
, and aims at collecting EU
Parliaments' positions as regards the implementation of the 2012 roadmap
37
.
The second part deals with the UfM and explores the ways in which EU Parliaments have
participated in the relaunch of the UfM, in relation also to the PA UfM.
The third part focuses on parliamentary scrutiny of EU actions to address growing migration flows
and the deadly accidents at sea, presenting EU Parliaments' positions on which actions relating to
migration management should be a priority and which economic (and non-economic) instruments
should be used.
PART A - Neighbourhood Policy
The majority of responding Parliaments/Chambers (26 out of 37) reported they had not expressed
a position on the European Commission's document "Partnership for democracy and shared
prosperity" adopted in March 2011 to adjust the Neighbourhood Policy towards the South-East
Mediterranean countries, taking into account the developments related to the Arab Spring. In the
same way, the majority of Parliaments/Chambers (30 out of 35) reported that they had not
expressed a position on the roadmap established in 2012 to implement the new Partnership.
Likewise, the majority of responding Parliaments/Chambers (31 out of 38) reported they had not
expressed a position on the Joint Communication "Neighbourhood at the crossroads" (JOIN (2014)
12) of March 2014.
Twelve Parliaments/Chambers gave an assessment of the new neighbourhood model with respect
to Mediterranean partner countries, while eight of them expressed more detailed views/positions.
35
36
COM(2011) 200
JOIN (2014) 12
37
Joint staff working document "Partnership for Democracy and Shared Prosperity: Report on activities in 2011 and
Roadmap for future action" (SWD (2012) 121) accompanying the document Joint Communication Delivering on a New
European Neighbourhood Policy, (JOIN (2012) 14
44
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Parliaments/Chambers, more specifically, gave the following information:
the Italian
Senato della Republica
stated that assessment of the new model of
neighbourhood policy is, on the whole, positive, although it stressed that equal attention
should be given to political issues and the structural weakness of the economy in the
countries of the Southern shore of the Mediterranean;
the Italian
Camera dei deputati
and the French
Sénat
highlighted in particular that EU funds
allocated to the Neighbourhood Policy should be addressed to the extent of at least 2/3 to
the Euro-Mediterranean Partnership;
the UK
House of Lord
EU Committee expressed its concern that no further progress would
be made until the wider revision of the neighbourhood policy took place. The Committee
also stated that democracy and human rights, which had been neglected in the past,
should be at the heart of the UK and EU approaches. Furthermore, the Committee
welcomed the focus on democratic institutions, including the fight against corruption and
illicit financial outflows. Finally, it suggested that there should be greater emphasis on
environmental issues;
the UK
House of Commons
EU committee reported that the very mixed picture was painted
more broadly in the Joint Communication and the documents on the regional dimensions.
Though the Joint Communication, according to it, was essentially narrative, and only
prescriptive in the short-term, its title hinted at the broader, strategic question that arose
from the latest developments;
the Swedish
Riksdag
was of the opinion that the EU’s support to the political reforms in the
region up until 2010 seems to have had only limited effects and the EU could therefore
learn from past experience and direct its efforts more towards supporting democratic
development;
the Estonian
Riigikogu
supported strengthening border surveillance activities in the
Mediterranean region; proposed operations under the aegis of FRONTEX and underlined
the importance of the cooperation between origin and transit countries; it added that "the
management of migration flows in the Mediterranean region is a problem that has to be
dealt by all the Member States. However, Estonia believes that solidarity cannot by its
nature be mandatory That is why Estonia is of the opinion that relocation should remain
optional for member states" and that "Estonia does not support the creation of additional
legal channels for access to the European Union. Problems should be solved in third
countries by regional protection programs while ensuring effective protection of asylum
seekers";
the Romanian
Senat
explicitly referred to the interparliamentary cooperation in the
CFSP/CSDP field, while expressing its concerns regarding the tensions at the southern
border of the Mediterranean Sea and acknowledging that the EU needed to be prepared to
face new challenges.
PART B - Union for the Mediterranean (UfM) and Parliamentary Assembly of the Union for the
Mediterranean (PA UfM)
In response to the question whether Parliaments/Chambers were informed by the Government
about ministerial conferences organised in the framework of the UfM, more than half (22 out of
37) replied positively (8 Parliaments/Chambers regularly and 14 occasionally).
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Further information was provided by certain Parliaments/Chambers. Among those, the Polish
Sejm
reported that the Polish government sent written summaries of ministerial conferences organised
as part of the UfM to the attention of either the Chair of the EU Affairs Committee or the Office
for International Affairs of the Polish
Sejm,
while the German
Bundestag
stated that it was
informed upon request.
Sixteen out of 37 Parliaments/Chambers reported that they participated in all meetings of the PA
UfM (plenary and committee meetings) with their own delegates, while 17 reported they attended
some of the meetings.
From those Parliaments/Chambers of which the delegates did participate, the vast majority (29
out of 33) reported on the outcome of the PA UfM meetings. Twenty-one Parliaments/Chambers
always reported on the outcome of the PA UfM meetings, while 8 Parliaments/Chambers reported
occasionally.
According to the information provided, the vast majority of the reporting was in written report
format. The Romanian
Camera Deputaţilor
and the Spanish
Cortes Generales
informed that they
published these reports on a webpage.
Four Parliaments/Chambers
38
prepared an official report only once per year; the Czech
Senát
delegates presented a report only once every two years in the plenary session of the Senate.
According to the findings, it seems to be common practice that delegates prepared reports
available to all Members of Parliaments. However, the French
Sénat, the
Portuguese
Assembleia
da República,
the Lithuanian
Seimas,
the Polish
Sejm
and the Italian
Senato della Repubblica
distributed reports only to the relevant departments and units of their Parliaments/Chambers. The
Hungarian
Országgyűlés
staff prepared official reports regularly sent not just to the relevant
departments and units of the Parliament, but also to the Ministry of Foreign Affairs and Trade and
to other ministries as well, if deemed relevant.
PART C - Addressing growing migration flows
More than half of responding Parliaments/Chambers (19 out of 36) reported they had issued an
opinion on possible EU action to tackle increasing migration flows in the Mediterranean area.
Six of those parliaments expressed their opinion while examining the Commission Communication
on Migration
39
. The vast majority (12 out of 17) Parliaments/Chambers had expressed their
opinion during government hearings before or after European Council or Justice and Home Affairs
Council meetings (JHA). Only 2 Parliaments/Chambers stated that their opinion was expressed
while examining the European Parliament resolution of 23 October 2013 on migratory flows in the
38
39
Slovenian
Državni zbor,
Belgian
Sénat,
Swedish
Riksdag
and French
Sénat
COM (2011) 248
46
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Mediterranean, with particular attention to the tragic events off Lampedusa
40
and 4 had examined
the Commission Communication on the work of the Task Force Mediterranean
41
.
Eight Parliaments/Chambers mentioned other frameworks, where they had expressed their
opinion on the issue in question. Among those, the Lithuanian
Seimas
considered those questions
in the European Affairs Committee and the Foreign Affairs Committee meetings, where
discussions on the Eastern Partnership and the Communication "An open and secure Europe:
making it happen (COM (2014) 154) were held. The French
Sénat
had expressed its opinion while
examining the proposal for Regulation of the European Parliament and the Council amending
Regulation (EC) No 562/2006 in order to provide for common rules on the temporary
reintroduction of border control at internal borders in exceptional circumstances. The Portuguese
Assembleia da Republica
expressed its opinion on immigration adding a reference to the
"Statement of the COSAC Chairpersons of the Parliaments of the South" (Rome, July 17, 2014),
highlighting humanitarian dimension and the need for protection of lives at risk.
A number of responding Parliaments/Chambers gave more specific information on their opinions
or guidelines on possible EU action to tackle increasing migration flows in the Mediterranean area.
The UK
House of Commons
referred to its opinion on
the
Communication on Migration,
emphasising the document΄s attempt to set out a broader, longer-term policy framework
encompassing internal measures for strengthening the EU's external borders, preventing irregular
immigration and managing legal migration more effectively, as well as external policy measures to
address the root causes of migration. The Czech
Senát
mentioned that the character of
involvement of Member States into the internal relocation of migrants must remain voluntary, as
it involved a costly procedure, both in administrative and financial terms. The French
Sénat
referred to its resolution and report of the EU Affairs Committee, emphasising the need to make
the "Union of the Mediterranean" an instrument of a Euro- Mediterranean policy responsible of
migratory flows, through concrete projects. Furthermore, the Greek
Vouli ton Ellinon
stated that
the subject was often discussed within the Committee on European Affairs and had also been a
priority of the Hellenic Parliament, mentioning two related meetings organised in the framework
of the parliamentary dimension of the Hellenic Presidency and a paragraph on migration included
in the LI COSAC Contribution of Athens, which, among other aspects, underlined the need for
initiatives aimed at implementing the principle of solidarity and fair-sharing of responsibility, as
laid down in Article 80 of the TFEU.
The Italian
Camera dei deputati
approved motions in plenary on EU migration policy which
requested further support, including through increased financial assistance of FRONTEX
operations, to the Italian action to cope with the flow of landings as well as review of the Dublin III
Regulation
42
in order to allow refugees to submit asylum application already in transit countries
and not only in the first country of arrival. In addition, it urged the EU to encourage the countries
of origin and transit to put in place a proper policy management of flows, especially in the fight
against trafficking of human beings.
40
41
P7_TA-PROV(2013)0448
COM (2013) 869
42
Regulation (EU) No 604/2013 of the European Parliament and of the Council establishing the criteria and
mechanisms for determining the Member State responsible for examining an application for international protection
lodged in one of the Member States by a third-country national or a stateless person (recast)
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The Italian
Senato della Repubblica
urged the Government to assess operational proposals
enabling European migration policies to make a step forward, by developing a dimension of
solidarity and responsibility-sharing; to support the strengthening of FRONTEX; to make every
effort, even bilaterally, to enter co-operation agreements with countries of origin and transit and
to evaluate the degree of consent with a view to amending the Dublin II Regulation
43
(reception
criteria, distribution of asylum claims among Member States).
The European Parliament's LIBE Committee stated, that the European Parliament, in its
Resolution of 23 October 2013 on migratory flows in the Mediterranean, with particular attention
to the tragic events off Lampedusa stressed the importance of solidarity and responsibility-sharing
in the field of asylum and called on the Member States to make sure that all the provisions of the
various CEAS instruments were correctly implemented; it also stressed the need for a more
comprehensive strategy, in particular for the Mediterranean, which would place labour migration
within the context of the social, economic and political development of its neighbourhood and at
the same time for strong criminal sanctions for those individuals who facilitate human trafficking.
The UK
House of Lords,
adding information on its activities, reported that it considered migration
flows in the Mediterranean in 2008 when it conducted a major inquiry into FRONTEX. It also cited
its report, published in 2013, on the Global Approach to Migration and Mobility which considered,
among other things, the Commission Communication COM(2011)743 final.
43
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining
the Member State responsible for examining an asylum application lodged in one of the Member States by a third-
country national
48
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CHAPTER 4: EU AGENCIES AND NATIONAL PARLIAMENTS
The first part of the fourth Chapter focuses, firstly, on whether EU Parliaments have scrutinised
the role, functions and accountability mechanisms of EU agencies and, secondly, on the views
expressed by EU Parliaments with regard to the establishment of agencies, the powers delegated
to them and the effectiveness of their work and of the existing accountability mechanisms by
means of which EU institutions monitor their activity with special focus on the Common approach
on decentralised agencies adopted in July 2012 by the European Parliament, the Council and the
European Commission and the roadmap presented by the European Commission in December
2012.
The second part presents Parliaments/Chambers' evaluation of agencies in terms of their
effectiveness as tools to implement European policies, the appropriateness of the legal bases used
for their establishment, their structure and governance, the effectiveness and adequacy of existing
accountability mechanisms at EU level for monitoring these; it also gathers Parliaments' ideas on
national Parliaments' contribution to the current reflection on enhancing the accountability of EU
agencies.
In addition, this Part contains information on: existing legal provisions or administrative
arrangements regulating relations between Parliaments/Chambers and EU agencies; formal and
informal cooperation between Parliaments/Chambers and EU agencies; the use of EU agencies'
information or expertise by Parliaments/Chambers; and the possible need to improve relations
between national Parliaments and EU agencies.
PART A – Role and accountability of EU agencies
The majority of Parliaments/Chambers (22 out of 38) answered that they had never carried out an
overall consideration of the role, functions and accountability mechanisms of EU agencies, or of
any specific agency.
Most of the Parliaments/Chambers that answered positively referred to consideration of certain
agencies, which they specified (i.e. Europol and Eurojust being the most common, as well as
FRONTEX, EASO, EPPO, ENISA etc.). The Estonian
Riigikogu
associated the debate with the agenda
of the EU Council.
Four Parliaments/Chambers (Finnish
Eduskunta,
French
Sénat,
Dutch
Eerste Kamer,
Italian
Senato
della Repubblica)
raised general points on the functioning, role and accountability mechanisms of
EU agencies. The Finnish
Eduskunta,
in its report on the Government´s White Paper on EU policy
noted the increased role of the agencies and suggested that "the limits to delegation of authority
by the Commission to subordinate agencies, and the corollary democratic oversight need to be
subjected to clearer and more uniform regulation". The Dutch
Eerste Kamer
mentioned that it had
extensively discussed the proliferation of EU agencies and the possible duplication of the work of
some agencies of the EU and the Council of Europe, and noted that the overall role of EU agencies
was a recurring theme in the yearly debate on the State of the EU.
The competent committees of the European Parliament answered on the positive. The AFCO and
BUDG Committees referred to their participation in the IWG on decentralised agencies. In addition
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to that, the BUDG Committee organised hearings on a yearly basis on budget and other horizontal
issues, while the CONT Committee evaluated decentralised agencies through the related yearly
discharge procedure.
The EU Affairs Committee of the French
Sénat
adopted a resolution in 2006 concluding that
European agencies were established without overall consistency and were too fragmented in
terms of their respective role and effectiveness; their areas of responsibility and competence were
not precisely delineated; their added value by comparison to the national level was uneven; there
was insufficient control of the increase in their financial means and personnel; when their
effectiveness was assessed, such assessment had no effect on them.
The Italian
Senato della Repubblica
noted that it had praised the role played by agencies and had
often called for their modernisation, strengthening and improved accountability, emphasising the
need for better co-ordination with authorities of member States and other bodies, also within the
EU.
Almost all of the responding Parliaments/Chambers (34 out of 35) answered that they had not
considered the Common Approach on decentralised agencies adopted in July 2012 by the
European Parliament, the Council and the Commission.
The Estonian
Riigikogu
mentioned, though, that some parties raised the issue during the European
elections campaign. The Swedish
Riksdag,
being the only national Parliament answering in the
affirmative, recalled that the Committee on Justice noted that the European Commission referred
to the Common Approach on decentralised agencies as an argument for merging Europol and
CEPOL. The European Parliament was represented in the IWG that prepared the document, which
was discussed in various committees and by the Conference of Presidents; the CONT committee
had considered both the Common Approach and the roadmap in its relevant report
44
, while the
BUDG Committee follows its implementation, in the framework of the budgetary procedure and
legislative opinion.
When asked if Parliaments/Chambers had considered the roadmap presented by the European
Commission in December 2012 on the follow-up to the abovementioned Common Approach and
progress on its implementation, all but 2 of the 35 responding Parliaments/Chambers answered
negatively. The BUDG and CONT committees responded positively, while the AFCO Committee
negatively.
The UK
House of Commons
recalled its Committee‘s conclusion that significant financial
considerations were at the heart of the reform of decentralised agencies, particularly given
current economic and budgetary pressures. The Committee had also asked for an update from the
Minister on the outcome of the Government's review of the performance of the agencies within
the scope of the Common Approach and Roadmap "from the point of view of the UK's interaction
with them" and, more generally, giving the Government's assessment of the rigour with which the
reforms set out in the Roadmap were being applied and monitored by the Commission.
44
European Parliament resolution of 3 April 2014 on discharge in respect of the implementation of the budget of the
European Union agencies for the financial year 2012: performance, financial management and control,
P7_TA(2014)0299
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The UK
House of Lords'
Sub-Committee on Justice, Institutions and Consumer Protection
conducted scrutiny on the dossier and corresponded with the UK Government on it. In particular,
the Sub-Committee drew attention to the need for a comprehensive EU regulatory framework
dedicated to conflict of interest, which would establish minimum standards applicable to all EU
agencies and asked for further updates from the Government about progress on the
implementation of the Common Approach.
The German
Bundestag
noted that it participated in the legislative process when a new agency
was set up.
Effectiveness of agencies as a tool to implement European policies
Nine of the 31 responding Parliaments/Chambers highlighted the important role of the EU
agencies in implementing effectively and timely (Italian
Camera dei deputati)
European policies in
various fields (Portuguese
Assembleia da República,
Polish
Sejm,
Italian
Senato della Repubblica),
in ensuring consistency notably due to their technical expertise and know-how (Latvian
Saeima),
in conducting independent surveys and providing evidence-based assistance and expertise to EU
institutions and Member States (Greek
Vouli ton Ellinon),
in helping all the institutions to
concentrate on core policy-making tasks and in contributing to enhance the cooperation between
Member States and the EU in important policy areas (European Parliament's AFCO Committee).
Some Parliaments/Chambers argued that this should be assessed on a case by case basis
(European Parliament's BUDG Committee), and that agencies contributed to the effective
implementation of EU policies only to a certain extent (Hungarian
Országgyűlés,
European
Parliament's CONT Committee), or in some fields Europol and Eurojust (Czech
Senát)
or the EFCA
(European Parliament's PECH Committee) were specifically referred to. The Governing majority
SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat
and
Bundesrat
pointed out that while highly
specialised agencies served a good purpose, simple outsourcing of the Commission’s task did not.
The responding committees of the Swedish
Riksdag
mentioned the importance of agencies in
bringing the EU closer to its citizens and the justified need for bodies responsible for follow-up at
the EU level of EU policies and that are seen as independent from the Commission, or holding
specific expertise on evaluations for the implementation of policies.
Criticism was expressed by 7 responding Parliaments/Chambers mainly in relation to the lack of
transparent control adequate to their
de facto
powers and the risk of agency capture by sectoral
interests the agencies are meant to regulate (Czech
Senát);
the questionable necessity, usefulness
or cost-effectiveness of agencies which raise questions of good governance and accountability and
are " part of member states’ appetite for a "juste retour" on their contributions to the EU budget"
(Finnish
Eduskunta);
the proliferation of EU agencies and duplication of their activities (Dutch
Eerste Kamer,
French
Sénat,
German
Bundesrat).
The Irish Houses of
the Oireachtas
advocated a case-by-case approach to the creation of agencies,
while the Romanian
Senat
emphasised the need to avoid lack of transparency and duplications.
The German
Bundesrat
asserted that agencies should only be established after an examination to
determine the need for a new agency and appraisal of "possible alternatives in the light of
deregulation, subsidiarity, proportionality and concentration". The UK
House of Commons
mentioned its support to "Government's opposition to the increase in EU funding of decentralised
agencies" and to its willingness to advocate budgetary restraint. The Committee on Transport and
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Communications of the Swedish
Riksdag
indicated it displayed caution towards an extension of
the agencies’ competences and increased budget resources.
Appropriateness of the legal bases used for the establishment of agencies
The majority (24 out of 31) of responding Parliaments/Chambers replied there was no official
position on the appropriateness of the legal bases used for the establishment of European
agencies, taking into account the nature and the scope of powers conferred on them.
In some cases, although no official position was taken, debates were conducted with regard to the
possibility of creating a new EU Agency for Child Protection, Innovation and Social Inclusion
(Romanian
Senat),
draft acts to establish agencies (Portuguese
Assembleia da República),
the
operation of individual agencies, their tasks, goal and financing, and also the need to adapt the
legal framework of agencies such as Eurojust and Europol to Treaty requirements (Polish
Sejm).
The Committee on Transport and Communications of the Swedish
Riksdag
mentioned that it
deemed the proposed changes within the EASA inappropriate. In the framework of the subsidiarity
check of the Commission’s proposal on the Fourth Railway Package, the Committee questioned
whether a certain transfer of decision-making authority from the member states to the ERA was a
proportional measure for achieving the objective of the proposals.
The Italian
Camera dei Deputati
has taken an official position on the appropriateness of the legal
bases used for the establishment of the ESAs, the EBA, the EIOPA and the ESMA. The Italian
Senato della Repubblica
considered the legal bases of several agencies to be appropriate in most
cases (e.g. FRA, Europol, ENISA); it considered however that Article 77(2)(d) TFEU should be part of
the legal basis of FRONTEX and Article 192(1) TFEU should be added to that of the EMSA.
In its opinion on the appropriate legal basis of the amended proposal for a regulation of the
European Parliament and of the Council establishing an Agency for the operational management
of large-scale IT systems in the area of freedom, security and justice
45
, the European Parliament's
JURI Committee concluded that Articles 85(1) and 88(2) TFEU should be added to Articles 74,
77(2)(a) and (b), 78(2)(e), 79(2)(c), 82(1)(d) and 87(2)(a) TFEU to form the legal basis for the
proposed regulation.
In a 2008 opinion, the German
Bundesrat
called for the unambiguous stipulation of the mandates
of agencies in the legal founding acts and for the consideration of the option of introducing a
possible time limit for the existence of the agency. More recently, it has noted that the draft
Regulation on the European Union Agency for Law Enforcement Cooperation and Training did not
fall within the scope of the legal basis indicated in that Regulation and expressed scepticism
regarding the synergy effects or savings resulting from the merger of the CEPOL and Europol.
The European Parliament's AFCO Committee mentioned that the European Parliament called for
the introduction of a legal basis in order to establish Union agencies which may carry out specific
executive and implementing functions conferred upon them by the European Parliament and the
Council in accordance with the ordinary legislative procedure
46
. The Romanian
Camera Deputaţilor
45
46
COM(2010)0093
European Parliament Resolution of 12 December 2013 on Constitutional problems of a multitier governance in the
EU, P7_TA(2013)0598
52
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drew attention, among others, to the impact of Europol's new organisational framework on its
operational capacity; the infringement of the provisions of the Treaty when denying national
Parliaments access to classified information processed by or through Europol, which is accessible
to the EP; the negative effects of the merger of Europol and the CEPOL; the risk of reducing the
effectiveness of Eurojust in case of an unbalanced transfer of resources to the future European
Prosecutor. On the proposed reform of Eurojust, the Czech
Senát
argued Eurojust was "a special
case for which the common approach should not apply – especially the principle that the members
of the collegium exercise powers that they are granted by the national law" and that "the limited
role of Commission should be maintained".
Possible need to improve the structure and the governance of agencies
Sixteen out of the 31 responding Parliaments/Chambers replied there was no official position on
this issue, while several mentioned there was a need to improve the structure and the governance
of agencies, for instance in terms of good governance and accountability (Finnish
Eduskunta,
Hungarian
Országgyűlés
and the Governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat and Bundesrat),
transparency (Portuguese
Assembleia da República),
independence
(Czech
Senát),
namely by:
ensuring accountability and control of EU agencies by not granting them too strong factual
powers from the outset (Czech
Senát);
ensuring that the structure and governance remain appropriate to the developing tasks of
agencies; developing a comprehensive regulatory framework on conflict of interest (UK
House of Lords);
establishing regulating guidelines and objective pre-defined criteria for choosing agencies'
seats; observing the principles of strict budgetary discipline and sound financial
management; adapting, possibly by reducing agencies' budgetary and personnel resources
taking into account the results of the execution of the Community budget; developing
instruments of management control; presenting agencies accounts on the basis of
common indicators allowing comparisons between agencies; greater involvement of
Member States, through their representatives on the Executive Boards in the operation
and control of agencies (French
Sénat);
merging agencies where they tasks represent functional similarities; making a more
efficient and rational use of available resources (Latvian
Saeima);
simplifying the structure and the governance of agencies; ensuring that Executive Boards
do not have an excessively large structure and that major decisions require qualified rather
than simple majority; assessing whether agencies fully meet the requirements of efficiency
and rapid response; concentrating budgetary resources on operational costs, instead of
administrative costs (Italian
Camera dei deputati);
actively supporting the development of agencies; promoting agencies in EU Member States
and among citizens; supporting civil servants who apply for working in EU agencies;
assessing agencies' effectiveness (Polish
Sejm);
as suggested in the Common Approach, undertaking an objective impact assessment
before deciding to create a new Agency; defining the criteria for the choice of the seat;
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introducing a review clause foreseeing the option of merging or closing down agencies
(European Parliament's AFCO Committee);
improving agencies’ structure and governance, particularly in providing value for money for
European taxpayers (European Parliament's CONT Committee).
The Slovak
Národná rada
supported the view that there was no need to improve the structure and
the governance of agencies.
Effectiveness and adequacy of the existing accountability mechanisms by means of which EU
institutions monitor the agencies
For the European Parliament's BUDG Committee, the existing accountability mechanisms were
overall adequate and effective, while they were deemed to be only partly effective by the
Romanian
Camera Deputaţilor
and not sufficiently adequate by the European Parliament's CONT
Committee. The governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat
and
Bundesrat,
the Belgian
Chambre des représentants
and the Italian
Camera dei Deputati
replied
that the existing accountability mechanisms were not adequate and effective, while the Romanian
Camera Deputaţilor
viewed them as only partly effective. The Hungarian
Országgyűlés
underlined
that further efforts were necessary in this respect.
Accountability before the European Parliament and national Parliaments, when this is foreseen,
should be strengthened, according to the Italian
Senato della Repubblica.
It was also argued that
the European Parliament should have adequate monitoring powers (Italian
Camera dei deputati)
and a more proactive role (Greek
Vouli ton Ellinon)
in scrutinising EU agencies.
The Lithuanian
Seimas
underlined that parliamentary control over the activities of the agencies
could be further enhanced, while the Irish
Houses of the Oireachtas
stated that existing
mechanisms did not fully recognise the role of national Parliaments in all cases and argued that
they could contribute to enhancing the accountability of agencies. The Portuguese
Assembleia da
República
argued that it was desirable for the heads of agencies to be available to come also to
national Parliaments for more in-depth monitoring.
The Latvian
Saeima
welcomed the European Commission guidelines on the prevention and
management of conflicts of interest in EU decentralised agencies, as well as its ongoing work on
the elaboration of evaluation guidelines. The European Parliament's BUDG Committee mentioned
the creation of a new working group, focusing on budgetary aspects of decentralised agencies. The
French
Sénat
called for the "horizontal" assessment of regulatory agencies undertaken by the
European Commission to include a systematic review of the added-value of their operation in
comparison with the action of Member States, under the principle of subsidiarity; this review
should also address possible overlaps of competences between agencies, with a view to
approximating or merging some of them.
The European Parliament's AFCO Committee recalled that the implementation of the Common
Approach represented a responsibility for the EU co-legislators, notably when deciding on
agencies' founding acts; notwithstanding the need for a case by case analysis, already performed
by the Commission upon preparation of its legislatives proposals, it would welcome a more
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coherent and reform-minded approach on the side of the co-legislators when discussing issues
stemming from the Common Approach.
The Committee on Justice of the Swedish
Riksdag
proposed changes with a view to strengthen
parliamentary scrutiny of Europol and emphasised the importance of the national Parliaments
participating on equal terms in relation in the European Parliament in the discussions on the
establishment of a joint parliamentary scrutiny. With reference to the reporting requirements of
Europol, the Romanian
Camera Deputaţilor
proposed the creation of an interactive platform for
information exchange between Europol and national Parliaments and the European Parliament; it
also proposed the publication by the European Commission of a document informing the general
public on Europol's activities.
Possible contribution of national Parliaments to the current reflection on enhancing the
accountability of EU agencies
Fourteen responding Parliaments/Chambers answered national Parliaments could contribute to
the on-going reflection on enhancing the accountability of EU agencies, mentioning, among others
sharing best practices (Czech
Senát),
involving national Parliaments in reflecting on the role of
agencies and their supervision (Portuguese
Assembleia da República)
and using the outcome to set
up effective mechanisms (Hungarian
Országgyűlés);
ensuring strong parliamentary scrutiny of the
EU agencies (Committee on Justice of the Swedish
Riksdag)
by national Parliaments together with
the European Parliament (the governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat
and
Bundesrat).
The Dutch
Eerste Kamer
mentioned, in this regard, that it had accepted the invitation of the LIBE
committee of the European Parliament to voice its opinion on the accountability mechanism of
Europol. In relation to Europol, the Romanian
Camera Deputaţilor
suggested "the establishment of
a permanent interparliamentary forum for strengthening control by national Parliaments (...);
including Europol's relations with national Parliaments in its Communication Strategy as well as
the External Cooperation Strategy".
The Finnish
Eduskunta
argued that "national Parliaments should be careful when addressing the
inner mechanics of the EU executive" deeming, however, the general issue of whether agencies
were an appropriate answer to the EU’s needs a legitimate subject for Member States and
national Parliaments. The European Parliament's AFCO Committee recalled that EU agencies were
accountable to the EU institutions and that suggestions from national Parliaments to enhance that
accountability were welcome.
PART B - Relations between national Parliaments and EU agencies
Information by EU Parliaments on formal and informal relations with EU agencies
The overwhelming majority of responding Parliaments/Chambers (29 out of 37) replied that there
were no specific legal provisions (legislation, rules of procedure, etc.), practices or administrative
arrangements concerning relations between their respective Parliament/Chamber and EU
agencies.
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The European Parliament is the discharge authority for the European agencies budget. As co-
legislator and budgetary authority, the European Parliament can prevent the creation of any
agency in case there is no agreement on its funding; all budgetary documents, including
information on building projects, have to be submitted to the European Parliament. The European
Parliament is involved in the nomination process of executive directors, ensures political
supervision, also through the presentation of agencies annual work programmes/activity reports,
has formal relations with agencies (visits, annual meetings, exchange of letters) and sometimes
directly uses agencies' expertise.
Several other Parliaments/Chambers provided details on existing arrangements, mentioning,
among others:
hearings by standing committees of EU agency officials in the framework of fact-finding
enquiries, under the Rules of Procedure or informally; the establishment by law of a Joint
Committee for Schengen Agreement, Europol and Immigration Oversight (Italian
Senato
della Repubblica);
national EU scrutiny procedures (Finnish
Eduskunta);
discussion of the annual reports of Europol and Eurojust (Czech
Senát,
Lithuanian
Seimas
which included this practice in its Rules of Procedure);
the appointment of a national contact point between the Spanish
Cortes Generales
and the
FRA;
contact with EU agencies both through subject committees and the scrutiny process of
Annual Reports (UK
House of Commons);
formal and informal meetings of officials from EU agencies with parliamentarians to discuss
specific issues; inquiry into FRONTEX and visit to Warsaw in order to take evidence from
the Director and senior officials; inquiry into the work of Europol and visit at The Hague to
Europol and Eurojust in order to take evidence from the Director; visit to the EMCDDA in
order to take evidence from the Director and senior officials; request for written evidence
from the European Asylum Support Office; scrutiny of the draft Proposal for a Regulation
on the EU Agency for Law Enforcement Cooperation & Training (Europol) proposed by the
Commission in 2013
47
; consideration of the Proposal for a Regulation establishing the
European Police College, repealing and replacing the Council Decision 2005/681/JHA
(CEPOL)
48
(UK
House of Lords);
hearings by Standing Committees of representatives of the EU Agencies under the Rules of
procedure (Italian
Camera dei Deputati).
Twenty out of the 30 responding Parliaments/Chambers could provide figures or general
information about formal and informal relations (hearings, visits, conferences, etc.) with EU
agencies since 2010, mentioning:
only occasional visits to/from the ECHA (Finnish
Eduskunta);
eleven committee meetings with the participation of representatives from EU agencies and
presentations made by the latter in various conferences (Lithuanian
Seimas);
47
48
COM (2013) 173
COM (2014) 465
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discussion of annual reports of Eurojust and Europol with participation of Czech
members/liaison officers in these agencies; working visits of members to the FRA and to
the Europol and Eurojust (Czech
Senát);
visits of the Representative of the EMCDDA and of the Director of the FRA (Spanish
Cortes
Generales);
visits to Europol and Eurojust (French
Sénat);
invitation of representatives of EU agencies to committee meetings; meetings with
representatives of the FRA, the EASO, Eurojust and Europol (Dutch
Eerste Kamer);
participation in FRA conference, study visit to the EIGE, interest in the work of the EU-
OSHA, the Eurofound, reception of e-mails from the FRA (responding committees of
Swedish
Riksdag);
regular meetings with agencies and productive relationship (UK
House of Lords);
joint committee hearing with the Director of the FRA; contacts between competent
committees and the EMCDDA (Portuguese
Assembleia da República);
planned session with the participation of FRONTEX representatives in the near future
(Polish
Sejm);
three meetings with Eurojust, BEREC, FRA (Latvian
Saeima);
seven meetings (3 formal hearings, 2 informal meetings, 1 conference and 1 Study visit of a
delegation of the Chamber) (Italian
Camera dei deputati);
six hearings (of which 4 formal as part of an enquiry and 2 informal jointly with the
Chamber of Deputies); 1 visit of the Senate Health Committee to the EMEA (Italian
Senato
della Repubblica);
participation of the Director of the European Institute for Innovation and Technology in 2
committee meetings (Hungarian
Országgyűlés);
thematic session where the EMCDDA presented the European Drug Report; visit of
members to the EMCDDA (Croatian
Hrvatski sabor);
participation of parliamentarians to joint meetings organised by the European Parliament;
parliamentary questions; hearings in the framework of preparation of legislation (Belgian
Chambre des représentants);
between 2012-2014, 6 conferences involving the ACER, Europol, EIGE and EEA (Romanian
Senat);
two visits and the participation of parliamentarian delegations to 3 conferences (Romanian
Camera Deputaţilor);
in 2014, 3 meetings were held between the competent committees and delegations from
FRA, EIGE and ENISA; participation of the FRONTEX Director Executive as a speaker in a
meeting held during the Hellenic Presidency (Greek
Vouli ton Ellinon);
based on the decision of relevant committees - (formal and informal) meetings with
representatives from FRONTEX, the EDA, ESMA, EBA and EIOPA, the Director of FRA;
debates on Annual Report (Eurojust, EDA); visits to FRA, EBA, EDA and to the OHIM;
discussion and adoption of legislation on relevant agencies (German
Bundestag);
the European Parliament's CONT Committee organises every year a presentation of
discharge reports, as well as an exchange of views, in the presence of the agencies’
Directors; in 2011 it organised a hearing on the discharge to decentralised agencies and in
2013 a workshop on better avoidance of conflict of interest in EU agencies and other
bodies; BUDG organises annual hearings with the Agency network; it commissioned 3
studies on agency-related issues; the rapporteurs and Committee Chair visited several
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agencies (e.g. FRONTEX in 2011) and participated in meetings of the Heads of agencies;
various agencies had to defend their building policy before the committee; PECH organised
in 2013 a mini-hearing on EFCA performance, with EFCA representatives, and sent a
delegation to EFCA in 2012.
Making use of information or expertise provided by EU agencies
Sixteen of the 33 responding Parliaments/Chambers replied that they made use of information or
expertise provided by EU agencies in the framework of their activities. In general, according to the
information provided, this was done at both political and administrative level (Czech
Senát,
Spanish
Cortes Generales,
responding committees of the Swedish
Riksdag,
UK
House of Commons,
Portuguese
Assembleia da República,
Danish
Folketing,
Polish
Sejm,
Greek
Vouli ton Ellinon,
German
Bundestag,
responding committees of the European Parliament) or only at political
(Finnish
Eduskunta,
UK
House of Lords,)
Dutch
Eerste Kamer)
or administrative level (Romanian
Senat,
Italian
Senato della Repubblica,
Latvian
Saeima,
Italian
Camera dei Deputati).
Respondents stated that the information and expertise provided by EU agencies under the form of
studies, reports, statistics, but also delivered in the framework of formal and informal meetings
with officials from EU agencies, was used in the work of parliamentary bodies, namely in the
scrutiny of related proposals of EU legislation, in the legislative process, in national policy-making
for an assessment of policies and trends or when considering the review of legislation and as a
general source of information for parliamentary business (Czech
Senát,
Spanish
Cortes Generales,
Italian
Camera dei deputati,
Greek
Vouli ton Ellinon).
The Dutch
Eerste Kamer
mentioned that, when agencies published documents on European
dossiers that were under scrutiny by the Chamber, these documents were linked in the electronic
dossier on the website of the Senate. The information and expertise provided by Europol,
Eurojust, FRA, EMCDDA, EU-OSHA, FRONTEX, EIGE, ESMA, EBA and EIOPA were specifically
referred to by some of the responding Parliaments/Chambers.
Improving relations between national Parliaments and EU agencies
Twenty-two of the 26 responding Parliaments/Chambers replied that, in their view, relations
between national Parliaments and EU agencies should be improved and that there was scope for
contact and cooperation to be enhanced. The Czech
Senát
explained that, given the limited time
and resources of the Chamber, establishing closer relations with other agencies was not a priority.
Various practical recommendations were made in this respect, among which:
regular invitations from agencies to representatives from national Parliaments for site visits
(Dutch
Eerste Kamer)
and availability of the agency directors to travel regularly
(Portuguese
Assembleia da República);
formal and informal meetings of officials from EU agencies with parliamentarians (UK
House of Lords)
both in individual Chambers and in Agency seats (Polish
Sjem,
Luxembourg
Chambre des Députés),
more frequent bilateral and multilateral meetings (Italian
Camera
dei deputati);
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exchange of documents (Italian
Camera dei deputati);
regular and systematic access to
information about the activities of EU agencies (Hungarian
Országgyűlés)
that could be
directly transmitted by the latter to national Parliaments (Latvian
Saeima);
use of the IPEX platform by agencies in order to inform national Parliaments on data
available and how to access it (Romanian
Camera Deputaţilor);
attendance of executive directors or experts from EU agencies to Committee hearings or
debates (Greek
Vouli ton Ellinon,
Czech
Poslanecká sněmovna);
annual hearing of the agencies’ CEOs during Joint committee meetings (Belgian
Chambre
des représentants);
extending directors/boards existing reporting duties
vis-à-vis
national Parliaments to other
agencies (Governing majority SPÖ (S&D) and ÖVP (EPP) of the Austrian
Nationalrat and
Bundesrat);
regular interparliamentary meetings of committees with those who are responsible for the
implementation of relevant Treaty provisions (Italian
Senato della Repubblica);
the responding committees of the Swedish
Riksdag,
while acknowledging that a closer
contact between national Parliaments and EU agencies would increase the perceived
reliability of the information given by the EU agencies, pointed out that national agencies
with similar competences might be more appropriate points of contact for certain issues;
The French
Sénat
mentioned specific documents on the activities of Europol which national
Parliaments should receive regularly and timely, suggesting that this could also be
considered in order to improve cooperation with other agencies;
more frequent inclusion of discussions on agencies or on a specific agency in the agenda of
interparliamentary meetings, notably COSAC (Luxembourg
Chambre des Députés).
Referring to the Proposal for a Regulation establishing Europol
49
, the UK
House of Lords
took the
view that "the provisions proposed by the Commission were very much what was needed, while
the amendments proposed by the European Parliament would give rise to a large and expensive
body, meeting only at and on the invitation of the European Parliament, without any of the
desirable flexibility for such arrangements".
The Romanian
Senat
affirmed that any kind of conflict of competencies between national
Parliaments and the European Parliament had to be avoided and that cooperation between the
national level and the European level of decision-making had to be strengthened in relation to the
control of the functioning of European agencies.
49
Regulation establishing Europol, see footnote 47
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