THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION

National parliaments can contribute actively to the good functioning of the European Union. It has never been more important that national parliaments should play a full and active role, both individually and collectively. However, much more could be achieved, within the existing Treaty structure.

The effective involvement of national parliaments is fundamental to ensuring that there is accountability, and legitimacy, for the actions of the Union.

Treaty change is not necessary to enhance the role of national parliaments in the EU: substantial improvements can, and should, be achieved without treaty change. To a significant degree it is a matter for the will of parliamentarians to insist on securing substantial and lasting changes, and of their governments to give effect to that will. Important improvements could be achieved through the autonomous action of national parliaments, and through actions collectively agreed between the national parliaments, the Commission, the Council and the European Parliament where relevant.

Even in these difficult economic circumstances it is important that national parliaments, ensure that sufficient resources are devoted not only to effective scrutiny but also to other aspects of their involvement with the European institutions and each other. Expenditure on improving EU legislation through scrutiny is seldom wasted.

National scrutiny

Effective national scrutiny: Effective scrutiny by national parliaments of the activities of their own governments in the European Union is essential. It is fundamental to ensuring that there is accountability, and legitimacy, for the actions of the Union. It should be recognised as core business for every parliament.

National scrutiny systems will inevitably vary according to the national context. Whatever system suits the national context, it is vital that national parliaments carefully scrutinise the EU activities of their national governments, in order to ensure that the positions of national Ministers are effectively examined, and that the Ministers who constitute the Council are held to account for their decisions.

While each national parliamentary chamber is unique, they can nonetheless learn from each other. COSAC can be a very good forum for this learning.

Different systems: Effective EU scrutiny systems are most likely to include elements of both examination of documents and direct discussions with Ministers (and other interested parties). Scrutiny of documents enables parliaments to engage early on with Commission consultations, and to propose precise changes to legislative proposals. Contact with Ministers allows direct exchanges of views, and allows Members to influence or control the government’s position, or to challenge the government to explain and defend their view. It is important to involve a wide range of Members, and committees where possible, in the examination of European policies. Such policy expertise needs to be combined effectively with knowledge and understanding of EU policymaking processes and EU institutions.

Practicalities of scrutiny work: It is often helpful if there is effective prioritisation, so that each national chamber and its committees concentrate on the policies which matter the most to it. Even when parliaments do prioritise consideration of the most important policies, it must be recognised that effective scrutiny is resource-intensive, in terms of Member time and staff time. Contributions by national parliaments must have, and must be seen to have, an influence on EU policy development and formulation. It is important that the Commission, Council and European Parliament make effective use of dialogue with national parliaments, and make clear where national parliaments have had an effect on the policymaking process.

Dialogue with the European Commission

Engagement between national parliaments and the Commission:

Possible improvements, which national parliaments may wish to take up in discussion with national governments and with the Commission.

• the increased early involvement of national parliaments in the development of EU legislative proposals and other policies in advance of the Commission making formal communications and proposals for legislation;
• that the Commission should make clear when and how national parliaments have influenced the development of policies, by:

o identifying national parliament contributions in summary reports on consultation exercises and in subsequent communications on the policy, including how the policy has been shaped or modified in response,

o responding promptly to national parliament contributions under the general political dialogue, usually within three months,

o using its annual report on relations with national parliaments to identify the impacts of national parliament engagement;

• that the new Commission should make a commitment that Commissioners and senior officials will meet committees of national parliaments as a core part of their duties;
• that a procedure should be developed to allow a group of national parliaments to make constructive policy or legislative suggestions (a ‘Green Card’).

Co-operation with the European Parliament

National parliaments and the European Parliament have a vital, and complementary, role to play in the European Union. It is not a ‘zero sum’ game: greater involvement for one should not be at the expense of the other.

There is scope for national parliaments and the European Parliament to engage more effectively with each other, sharing information and debating key policies.

• there could be more direct contact between committees of national parliaments and committees of the European Parliament;
• when national parliaments or their committees have a close interest in a particular legislative proposal, they should be encouraged to contact the relevant rapporteur and shadow rapporteur on the responsible committee of the European Parliament;
• national parliaments and the European Parliament could reach agreement that EP rapporteurs could provide informal briefings to Members of national parliaments on the progress of trilogue negotiations;
• videoconferencing could be used to facilitate discussions between committees;
• a brief overview of comments by national parliaments might be included in reports prepared by European Parliament Committees.

Where it is practical and mutually useful, national parliaments and the European Parliament should enhance their co-operation and sharing of information, perhaps on the basis of discussions on these ideas and others at the Conference of Parliamentary Committees for EU Affairs (COSAC).

There is a large and growing number of forums in which Members of different EU parliaments can meet and discuss aspects of the EU and EU policies.

Key forms of inter-parliamentary co-operation

• Conference of Speakers of EU Parliaments: Composed of Speakers of the national parliaments of the EU Member States and the President of the European Parliament. Meets annually. Its role is “to oversee the coordination of inter-parliamentary EU activities.
• Conference of Parliamentary Committees for EU Affairs (COSAC): Involves Members of EU committees of national parliaments and Members of the European Parliament. COSAC is intended to promote the exchange of information and best practice between national Parliaments and the European Parliament. Plenary meetings take place biannually, with a Chairpersons meeting prior to each plenary. Meetings usually take place in the country holding the rotating Presidency of the Council, and are chaired by the Presidency Parliament. At plenary meetings each parliament is represented by up to six Members. COSAC can agree conclusions and a contribution, which are non-binding on parliaments. It also produces Biannual Reports on issues relevant to national parliaments and the European Parliament. The Presidential ‘Troika’ (comprising Members of the current, previous, and next Presidency countries, along with the European Parliament) puts forward subjects for discussion and considers draft contributions. The COSAC secretariat is composed predominantly of officials from the Troika Parliaments, and a Permanent Member.
• Conference for Common Foreign and Security Policy and Common Security and Defence Policy: Established by the Conference of EU Speakers. Meets biannually. Each national parliament is represented by up to six Members; the European Parliament by up to 16. Provides a framework for the exchange of information, and debates CFSP / CSDP policies. It may adopt non-binding conclusions.
• Conference on Economic and Financial Governance: Also established by the Conference of EU Speakers. First held in October 2013 and intended to be biannual, with meetings rotating between the parliament of the country holding the Presidency of the Council, and the European Parliament. The composition and size of each delegation is, at present, left to each parliament. Gives parliaments an opportunity to consider their role in ensuring democratic accountability and legitimacy in the EU in the context of a more integrated financial, fiscal and economic policy framework. The arrangements for the conference will be reviewed by the 2015 EU Speakers’ Conference.
• Joint Meetings on topics of common interest, involving the Presidency Parliament and the European Parliament
• Inter-parliamentary meetings held by the European Parliament
• Meetings of chairs of various sectoral committees, under the aegis of the Parliamentary dimension of the presidency

 It is vital that Members of the parliaments of the European Union establish the habit of co-operation on European matters. Communication between Members of national parliaments, and between Members of national parliaments and the European Parliament, is essential, to share information, to debate policies, and to reach common understandings. However, it must be recognised that parliamentarians have a limited amount of time, and conferences must offer clear ‘added value’ in order for Members to be able to prioritise participation at them.

COSAC is a valuable forum for national parliaments, and the European Parliament, to share experiences on how to scrutinise EU laws and other policies effectively; and to make representations to the European Commission about appropriate engagement between Parliaments and the Commission. COSAC is, and must remain, at the heart of interparliamentary co-operation.

Direct contact between parliamentarians

It is important that Members of national parliaments forge their own contacts with Members of other parliaments, including of course the European Parliament. Political parties can be valuable channels by which contacts can be made and common understandings can be developed. There remains value in face-to-face meetings to establish strong working relationships. Particularly once good working relationships have been established, teleconferencing, videoconferencing and electronic communications should be used to full advantage, for quick exchanges of information and opinion.

Network of representatives of national parliaments: The great majority of national parliaments now appoint staff to represent the national parliament at EU level. This is a fairly new and developing network. Although the remits of these national parliamentary officials differ significantly, there are some common features. These staff are usually based in Brussels. They keep national chambers informed about developments in the EU institutions, including negotiations on legislative proposals; help to ensure that the views of their parliaments are communicated effectively to the EU institutions; facilitate visits for Members of their parliaments to Brussels and support delegations at interparliamentary conferences such as COSAC; and share information between national parliaments.

IPEX (Inter-Parliamentary EU Information Exchange website): IPEX is the website for EU Parliaments to exchange information. It is a valuable source of information about the EU work of national parliaments, including the state-of-play of their EU scrutiny work, as well as the texts of their reasoned opinions and political dialogue contributions

Inter-parliamentary conference on economic and financial governance: Inter-parliamentary co-operation on all matters, including on economic and financial matters, must continue to involve all 28 Member States.