To have a voice in the matter: A comparative study of the Swedish and Danish European committees

This article deals with the issue of how the national parliaments might be strengthened in order to decrease the democratic deficit within the EU. It examines the parliamentary European committees in the Danish and Swedish Parliaments and concludes that their potential to influence and control their respective governments’ EU policies mainly depends on the Government's parliamentary base and opportunities for legislative influence open to parliamentary oppositions. Moreover, it examines various organisational aspects of the European committees, including distribution of tasks and internal co‐ordination within the Parliament, at what stage in the decision‐making process the European Committee and the Parliament are involved and information management. With some conspicuous exceptions, Denmark and Sweden have chosen the same organisational arrangements for dealing with EU affairs both in the Parliament as a whole and, specifically, in the European committees. The principal conclusion is that the European committees in Sweden and Denmark are effective means for giving the national parliaments a voice in EU matters, but the article also addresses some reforms to strengthen their positions.     

The power of legislative hot air: Informal rules and the enlargement debate in the European parliament

Integration theorists disagree over the extent to which the European Parliament can substantially influence policy‐making processes in the absence of formal agenda‐setting power. This article discusses the impact the European Parliament had on the current enlargement negotiations. Although the legislature does not yet possess the means to alter the stance of the European Council, it has tried to reverse the status quo through the use of its informal bargaining power. We argue based on a principal‐agent framework of analysis that the effectiveness of this strategy is largely a consequence of the ability to speak with one voice. The article evaluates various mechanisms to help the European Parliament build a unified position. It refutes socialisation and specialisation theories, showing that party group pressure towards a unified position overrode national concerns and constituted a necessary precondition in the development of an integrationist attitude. A statistical analysis of the pre‐bargaining positions inside the Foreign Affairs and Security Committee largely confirms the insights from qualitative interviews with participants and observers.     

The reluctant activist: the Italian parliament and the scrutiny of EU affairs between institutional opportunities and political legacies

ABSTRACT

The article analyses the participation of the Italian Parliament in the scrutiny of EU affairs after the entry into force of the Treaty of Lisbon and its implementation through the national Law 234/2012. The empirical analysis highlights that notwithstanding the presence of favourable institutional and political conditions, the involvement of the Italian Parliament in EU affairs moderately increased. The Treaty of Lisbon and Italian legislation improved Parliament’s rights to participate in the ascending phase but without altering significantly the balance of powers between the European Commission and NPs, and between the Italian Parliament and the Government. Moreover, MPs perceive the EWS and the PD as not impactful on decision-making at the EU and the national level.     

Keeping national parliaments informed: The problem of European legislation

Since Maastricht there has been a growing realisation in the institutions of the European Union, that the unfettered flow of information is vital to the health of the whole European project. Some moves have been made towards more transparent decision‐making, but progress has been slow and is limited by a culture which values confidentiality, particularly in intergovernmental negotiations. The free flow of information is especially important to national parliaments if they are to exercise any influence in the EU. The House of Commons Select Committee on European Legislation has recently pronounced the scrutiny system to be ‘in deep crisis’ because of chaotic decision‐making and a disregard for the rights of national parliaments. Many Westminster MPs feel frustrated by the difficulty of keeping track of EU legislation. The paper suggests that the ingredients of an improved information system already exist. A wealth of current information can be derived from EU‐related electronic databases and through direct links between the European Parliament and national parliaments. It proposes that a new current awareness service for the House of Commons, distributed via the parliamentary network and as hard copy, could focus information for MPs in a much more accessible way.     

Still in Deficit: Rights,Regulation, and Democracy in the EU1

Abstract: Critics of the EU's democratic deficit standardly attribute the problem to either sociocultural reasons, principally the lack of a demos and public sphere, or institutional factors, notably the lack of electoral accountability because of the limited ability of the European Parliament to legislate and control the executive powers of the Commission and the Council of Ministers. Recently two groups of theorists have argued neither deficit need prove problematic. The first group adopts a rights‐based view of democracy and claims that a European consensus on rights, as represented by the Charter of Fundamental European Rights, can offer the basis of citizen allegiance to EU wide democracy, thereby overcoming the demos deficit. The second group adopts a public‐interest view of democracy and argues that so long as delegated authorities enact policies that are ‘for’ the people, then the absence of institutional forms that facilitate democracy ‘by’ the people are likewise unnecessary—indeed, in certain areas they may be positively harmful. This article argues that both views are normatively and empirically flawed. This is because there is no consensus on rights or the public interest apart from the majority view of a demos secured through parliamentary institutions. To the extent that these remain absent at the EU level, a democratic deficit continues to exist.     

Statutory discretion and procedural control of the European commission's executive functions

By delegating powers and designing administrative procedures, ministers of the Council, the legislators of the European Union, shape the boundaries of the EU administration. This article uses theories of executive politics to test the factors that affect the degree of statutory discretion delegated by the Council to the Commission in secondary legislation. It suggests that discretion increases with (1) the uncertainty facing legislators, (2) the convergence of preferences between the Commission and the pivotal legislator, (3) the use of qualified majority, and (4) policies that require limited involvement of national administrations. It also tests whether discretion is positively correlated with the stringency of procedural control. The article employs regression analysis and co‐graduation tests on a sample of legislation and concludes that uncertainty, policy types and informal decision rules are statistically and substantively relevant in explaining discretion. Discretion is also significantly correlated with the stringency of control.     

EU Accession to the ECHR: Between Autonomy and Adaptation

After the European Union's accession to the European Convention on Human Rights the EU will become subject to legally binding judicial decisions of the European Court of Human Rights (ECtHR) and participate in statutory bodies of the Council of Europe (Parliamentary Assembly; Committee of Ministers) when they act under the Convention. Convention rights and their interpretation by the ECtHR will be directly enforceable against the EU institutions and against Member States when acting within the scope of EU law. This will vest the ECHR with additional force in a number of Member States, including Germany and the UK. All Member States will further be subject to additional constraints when acting under the Convention system. The article considers the reasons for, and consequences of the EU's primus inter pares position under the Convention and within the Council of Europe, and the likely practical effect of the EU's accession for its Member States.     

Interests,Instruments and Institutional Preferences in the EU Comitology System: The 2006 Comitology Reform

This paper seeks to reveal the institutional interests of the Council of Ministers, the European Parliament and the Commission in the comitology system. This is done by an investigation of the 2006 comitology reform, which introduced the regulatory procedure with scrutiny. This reform was the result of developments in four areas: the Lamfalussy reform in the area of financial regulation; the controversial use of comitology in the area of GMOs, food safety and the environment; the failed Constitutional Treaty; and the amending of the 1999 comitology decision. The analysis shows that the reform was the result of a two‐dimensional constitutional struggle. The first dimension concerns the relative supervisory position of the two legislative actors, the Council and the European Parliament. The second dimension concerns the relationship between the legislative and the executive branch of the EU system. In theoretical terms, the analysis demonstrates an example of T.M. Moe's ‘politics of structural choice’. The paper ends by drawing lessons for the negotiations on the new comitology system following the Lisbon Treaty.     

Democratic legitimacy in the European Union: Fulfilling the institutional logic

The European Union's delicate institutional balance between intergovern‐mentalism and supranationalism has been the source of both the EU's successes and its problems. This balance is under scrutiny as representatives of Member States and EU institutions pursue their particular visions of democratic legitimacy in the course of the 1996–97 Intergovernmental Conference. This essay examines three competing conceptualisations of democratic legitimacy: the Gaullist view, which associates legitimacy narrowly with national sovereignty; a national culture perspective that posits a unique correspondence of national character and national parliaments; and a parliamentary view that associates legitimacy with the role played by parliaments in scrutinising the behaviour of executives, whether at national or European level. Only the last of these perspectives acknowledges that democratic legitimacy is a continuous variable rather than an all‐or‐nothing concept, and that the EU may therefore accumulate legitimacy by improving both the process and substance of policy making within the logic of existing institutional structures.     

At Lake Baikal

The Central Committee of the Communist Party, subsequent to the original publication of the following article and the January 1969 decree of the USSR Council of Ministers, "On Measures for the Preservation and Rational Use of the Natural Ecologies of the Lake Baikal Basin," added its authority to that of the USSR Council of Ministers in a joint decree published by the Soviet press on September 24, 1971. The decree, titled "On Supplementary Measures to Assure the Rational Use and Preservation of the Natural Resources of the Lake Baikal Basin," ordered a wide range of environmental protection measures, including the following which have special relevance to the article translated below:

— the ministries and agencies using the Baikal area's natural resources, as well as the USSR Academy of Sciences, are to accelerate development of measures to create a water protection zone and water use rules;

— the Ministry of the Pulp and Paper Industry was ordered to "complete fully" the construction of purification equipment at the Baikal'sk Cellulose Factory by the end of 1971;

— the same ministry was to assure that equipment be put into operation in 1971 that would use the production wastes of the factory;

— the same ministry was forbidden to put the Selenga Cellulose and Cardboard Combine into operation until "full completion" of the construction of its purification equipment;

— the RSFSR Council of Ministers and individual industrial ministries having plants in the Baikal area were ordered to: (1) verify the construction of purification equipment treating effluent bound for the Selenga River, (2) set deadlines of not later than the end of 1972 for the construction of purification installations in all enterprises subordinate to them, and (3) complete construction by the end of 1973 of municipal purification installations for the wastes of Ulan-Ude, the Buriat Autonomous Republic capital, which has been dumping its untreated sewage into the Selenga River feeding into Lake Baikal;

— the Siberian division of the USSR Academy of Sciences was commissioned to conduct research aimed at organizing the rational use and preservation of the lake area's natural resources;

— the RSFSR Council of Ministers was charged with responsibility for guaranteeing such use and preservation of resources;

— the USSR People's Control Committee was instructed to set up an organizational framework to monitor the effectiveness of environmental efforts in the area and was ordered to make periodic reports to the USSR Council of Ministers on the situation;

— the Buriat, Irkutsk, and Chita party regional committees, the Buriat Republic Council of Ministers, and the Irkutsk and Chita regional soviet executive committees were instructed to intensify their monitoring of environmental measures taken by enterprises and organizations within their territories.     

Regional parliaments in the EU multilevel parliamentary system

ABSTRACT

European integration has created a multilevel political system that is dominated by executive actors. Despite the increasing competences of the European Parliament, a growing EU-awareness of national assemblies and an emerging attention of regional parliaments for EU affairs, the EU polity still lacks a sound parliamentary representation. As the EU presents itself as a representative democracy, the current set-up raises questions from the perspective of democratic legitimacy. The establishment of multilevel parliamentarianism may be part of the remedy. This introduction focuses on the position that regional parliaments take in such a European multilevel parliamentary system. The authors address three relevant questions: what roles do regional parliaments take up in terms of legislation, scrutiny and networking? To what extent are they empowered by the Lisbon Treaty? And what explains the variation in their activities? The authors develop hypotheses that are, to varying degree, addressed by the contributions in this special issue.     

Reaching out to the people? Assessing the relationship between parliament and citizens in Finland

Despite the Open Government (Parliament) initiatives and notions of a ‘democratic parliament’, the relationship between legislatures and citizens remains seriously under-researched. This article introduces a comprehensive analytical framework, combining the normative principles of visibility, accessibility, and permeability with practical indicators (parliament as public space, sharing of information, contact with MPs, media and digital engagement, transparency of legislative process, and actual participation in legislative decision-making) for assessing the public engagement of parliaments. Applying this framework to the Finnish Eduskunta, the authors show that despite recent reforms that have partially ‘opened up’ parliamentary proceedings and attempted to connect citizens to democratic process, there remains scope for reforms and innovations. The Eduskunta should embrace a more positive approach towards new forms of civic participation, particularly regarding how its influential committees operate. The findings reflect the tensions between, or the difficulties in reconciling, traditional forms of representative democracy with alternative and more direct channels of political participation.     

Laying the foundation for institutionalisation of democratic parliaments in the newly independent states: The case of Ukraine

This article examines the institutionalisation of the Ukrainian Parliament, the Verkhovna Rada, since the fall of the Soviet Union. The emergence of a popularly elected legislature in post‐Soviet Ukraine stands as a cornerstone in the development of a democratic regime. While the Verkhovna Rada is by no means a mature parliament, the foundation for future institutionalisation has been laid through the establishment of a representative political process, nascent political parties, a separation of powers between the executive and the legislature, and the policy‐making capacity of the Parliament.     

Transparency in the EU Council of Ministers: An Institutional Analysis

The development of access to documents and open meetings provisions by the Council of Ministers of the European Union shows an interesting pattern: before 1992 no formal transparency provisions existed, between 1992 and 2006 formal transparency provisions dramatically increased, and since 2006 this increase has come to a halt. This paper aims to enhance our understanding of these shifts by conducting a historical institutional analysis of policy change. As explanatory factors, we consider the preferences and power resources of Member States, as well as external catalysts and social structures. We conclude that the current revision deadlock is more stable than the situation before 1992 because now the pro‐transparency coalition and transparency‐sceptic Council majority have entrenched their positions. Nevertheless, and in spite of Council entrenchment, we expect that Council transparency will continue to develop in the longer term, under the pressure of increasingly influential outside actors, particularly the European Parliament.     

Parliamentary questions in the European parliament: Representation,information and control

Parliamentary questions and the membership of the European Parliament have both remained under‐researched. This article redresses the deficit by using a content analysis of written questions to analyse the behaviour of MEPs. Since tabling a question is one of the last formal rights of the backbencher, the study of parliamentary questions may be regarded as a particularly useful tool for increasing our knowledge of the way that MEPs understand their role as representatives. First the formal rules, function, and importance of parliamentary questions are explained. The following dimensions of questions are analysed: the questioning activity of MEPs, party groups, and national delegations; the issues MEPs raise in their questions, and the territorial dimension of the questions.     

Decision-making after the EU Intergovernmental Conference

Abstract: One central point of debate at the current EU Intergovernmental Conference will be the reform of EU decision-making. This article begins by briefly summarising the current decision-making system in the EU. It then approaches in a quantitative manner how a lowering of the qualified majority threshold in the Council of Ministers would increase EU decision-making capacity. Finally, it proposes new decision-making procedures which might be particularly well-suited to overcoming EU indecision.     

Non-governmental Organisation Participation in the EU Law-making Process: The Example of Social Non-governmental Organisations at the Commission, Parliament and Council

Abstract:  This article explores the avenues used by non-governmental organisations working in the sector of EU social policy to influence the law-making process at the EU. The Commission's current transparency initiative has focused attention on the rules (or lack of) governing access to the Commission as the initiator of legislation. This article examines more broadly, on the basis of interviews, both the formal and informal means of accessing not only the Commission, but also the European Parliament (in particular through intergroups) as well as the Council. By using specific examples of legislation it illustrates the routes by which 'social' non-governmental organisations currently interact with these institutions, offering examples of how their work may impact on the output of the Commission, Council and Parliament. The article avoids an overly legalistic analysis with an original glimpse at the 'hidden' workings of the EU law-making process which has hitherto received little attention among legal academics and practitioners.     

Westminster as a Three-in-One Legislature for the United Kingdom and its Devolved Territories1

This article considers the emergence of a cohesive political elite within the European Parliament. Moving from a short review of the literature and drawing on some preliminary data, the paper discusses alternative hypotheses to explain the recruitment and career pattern of MEPs and introduces a typology of members. Afterwards, the paper compares representatives of the new EU member states with the ‘pioneer parliamentarians’ elected in 1979 and with their colleagues elected in the 15 countries of the ‘old’ European Union. Signs of a new pattern of European political career appear to be emerging, thus providing a new possible set of explanatory hypotheses about the evolution of European Union representatives.     

The Legitimacy of New Risk Governance—A Critical View in Light of the EU's Approach to Nanotechnologies in Food

The objective of this article is to draw attention to legitimacy concerns raised by tendencies in EU risk regulation to supplement legislation with alternative regulatory options that are commonly captured under the umbrella term of ‘new governance’. To this end, the risk regulation of nanotechnologies in food serves as an empirical test case. The rise of nanotechnologies affects various societal actors and constitutes a highly controversial development due to the persistence of scientific uncertainties. To reach a compromise in the legislative process is, given the contradicting knowledge claims, a contentious and time‐consuming undertaking. This article, hence, shows that controversial decisions are not necessarily taken through the legislature—the European Parliament and the Council—but are settled, outside the political arena, in guidance documents or via non‐legislative acts. This article argues, relying on an understanding of legitimacy borrowed from Habermas and Scharpf, that despite ‘new governance’ ambitions in this direction the legitimacy of these measures is at best controversial.     

Something Old,Something New: Recasting the European Insolvency Regulation

This paper critically evaluates the recasting of the European Insolvency Regulation ‐ Regulation (EU) 2015/848 ‐ in the context of the EU Europe 2020 growth strategy. According to the Council of Ministers, through the protection of creditors and the survival of business, the new legislation should contribute to the preservation of employment in these challenging times. The paper argues that worthwhile improvements have been made by extending the scope of the regulation; clarifying and confirming contentious areas of interpretation; smoothing the inter‐relationship between main and secondary insolvency proceedings and improving information flows. But the overall effect is to enhance complexity. The recast Regulation carries the whiff of political compromise and, at times, seems to point in different directions at the same time.