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Published online by Cambridge University Press: 27 October 2017
While the Community Treaties provided the institutional framework for the European Community, much of what now makes up the constitution of the European Union was not provided for in those Treaties, but evolved within that framework. This is certainly true of the role of national parliaments. There is nothing about the role of national parliaments in any of the Treaties concluded prior to the Maastricht Treaty, and even then the references appear not in the body of the Treaty, but only in two Declarations annexed to it, one on the role of national parliaments in the European Union and the other on the Conference of the Parliaments. While the former states that it is important to encourage greater involvement of national parliaments in the activities of the European Union, it gives no indication of what that involvement should be. The Treaty of Amsterdam goes a step further. It includes a protocol on the role of national parliaments. This is important in that, for the first time, it gives substantive treaty recognition to their involvement in European Union activities. But, while it is markedly more supportive than the Maastricht Declarations, it does not confer any specific powers on national parliaments, nor does it attempt to define their functions.
1 There was a reference to national parliaments in connection with the designation of delegates to the European Assembly (Article 138(1) of the EEC Treaty, as it then was), but that was superseded in 1979 by the provision for direct election. There are also references to matters being ratified or adopted by all Member States in accordance with their respective constitutional requirements which will usually involve endorsement by national parliaments. But these references are confined to such major constitutional matters as amendment of the treaties, accession of new Members and the arrangements for the election of members of the European Parliament and for the financing of the Community.
2 Declaration (No 13).
3 Declaration (No 14).
4 Protocol 13 annexed to the Treaty on European Union and the Community Treaties.
5 The six week period also applies to proposals for measures under the third pillar. For the background to this provision, see the Government’s White Paper on: The Scrutiny of European Business (November 1998) Cm 4095.
6 The information which follows about the position in other Member States is mainly derived from a booklet published by the Directorate General of the European Parliament in June 1995 on European Affairs Committees of the Parliaments of the Member States, Laursen, F. and Pappas, S.A. (eds.) The Changing Role of Parliaments in the European Union (European Institute of Public Administration, 1995)Google Scholar and Norton, P. (ed.) National Parliaments and the European Union (Frank Cass and Company Limited, 1996)Google Scholar.
7 Laursen and Pappas, ibid at 21 (per Jean Laporte).
8 Thus in the Netherlands, where parliament has no scrutiny reserve power in relation to Community legislative proposals, provision was made at the time of the ratification of the Maastricht Treaty requiring the government to obtain the consent of parliament before agreeing to decisions under the third pillar.
9 Laursen and Pappas, above n 6 at 45 (per Finn Laursen).
10 Conférence des organes specialisés dans les affaires Communautaire.
11 See the Report of the House of Commons Select Committee on European Legislation on The Draft Protocol on the Role of National Parliaments, paragraph 68. Thirteenth Report, HC 36-xiii (1996-97) 5 February 1997.
12 For a discussion of these difficulties, see Norton, above n 6 at 186-189.
13 See Volume I of the Report of the House of Commons Select Committee on European Legislation on: The 1996 IGC: The Agenda, Democracy and Efficiency, The Role of National Parliaments Twenty-fourth Report, paragraphs 128-131. HC 239 (1994-95), 17 July 1995.
14 Ibid. paragraphs 114-122.
15 HC 533 (1997-98).
16 Seventh Report H.C. 791 (1997-98), 9 June 1998.
17 Cm 4095, November 1998.
18 It replaced a Resolution of 24 October 1990, which in turn replaced a 1980 Resolution before which the position was governed by successive ministerial undertakings to similar effect.
19 Giving agreement to a proposal is widely defined so as to include agreement to a programme, plan or recommendation for Community legislation and political agreement as well as agreement to common positions and joint texts under the co-operation and co-decision procedures.
20 The Modernisation Committee’s Report on: The Scrutiny of European Business, above n 16 at paragraphs 7-9.
21 Provision is also made for the Standing Order and the Scrutiny Reserve Resolution to be modified to take account of changes made by the Treaty of Amsterdam when it comes into force.
22 What starts out as a proposal for Commission legislation may become a proposal for Council legislation through the operation of Comitology procedures. If so, the proposal for Council legislation will fall within the European Scrutiny’s Committee’s terms of reference.
23 Above n 16 at 6.
24 For more detailed figures see The Scrutiny of European Business, Twenty-seventh Report HC 51-xxvii (1995-96) paras. 28, 39 and 46.
25 See The United Kingdom and the Community: Who makes the law on road safety?, Twentieth Report HC 323 (1994-5); The 1996 inter-Governmental Conference: the Agenda, Democracy and Efficiency, the Role of National Parliaments in the European Union, Twenty-fourth Report HC 239 (1994-5); The Scrutiny of European Business, Twenty-seventh Report 51-xxvii HC (1994-5); The Role of National Parliaments in the European Union, Twenty-eighth Report HC 51-xxviii (1995-6); The Draft Protocol on the Role of National Parliaments, Thirteenth Report HC 36-xiii (1996-7); and Scrutiny of the EC Budget, Twentieth Report HC 155-xx (1997-8).
26 HC 51-xxvii above n 24 at para. 205.
27 Report on: The Scrutiny of European Business, above n 16 at paras. 23–26.
28 The subject matter covered by each of these three committees is set out in the revised standing orders and approved by the House in November 1998.
29 The chairman now has power to allow a further half hour for questions.
30 The Scrutiny of European Business above n 24 at paras. 214–217.
31 Ibid at para. 172.
32 The Scrutiny of European Business report on above n 16 at paras. 13-16.
33 The letter to the Chairman is published in Hansard in the form of a written answer to a question tabled in the name of the Chairman: ibid, at paras. 17 and 18.
34 Ibid, at paras. 40-43.
35 Ibid, at para. 42.
36 The Scrutiny of European Business above n 24 at paras. 57-62.
37 See ibid at para. 36, for details of the number of items on the agendas from October 1995 to July 1996.
38 See for example Report on the IGC etc., above n 13 at paras. 62-68.
39 Ibid at paragraph 65.
40 Article 207(3) and 255 of the EC Treaty as amended by the Treaty of Amsterdam.