Scrutinising European Union legislation in light of subsidiarity: the Maltese Parliament

ABSTRACT

One of the main objectives of the Lisbon Treaty was to increase the democratic legitimacy of the European Union (EU). Member state parliaments were, therefore, equipped with new tools for monitoring compliance of EU draft laws with the principle of subsidiarity. The aim of this article is to shed some light on the unicameral Maltese Parliament’s ex ante subsidiarity scrutiny of European legislation. Based on the island’s historical and cultural background, the Kamra tad-Deputati confers great importance to the application of subsidiarity, although it is still in its learning curve over the rapid and effective implementation of such procedures.     

‘May Contain Nuts’? The Reality behind the Rhetoric Surrounding the British Conservatives' New Group in the European Parliament

The British Conservative Party's decision to leave the European Peoples' Party-European Democrats (EPP-ED) group in the European Parliament and establish a new formation—the European Conservatives and Reformists (ECR)—has attracted criticism, much of it focused on the supposedly extremist politics and character of the partners with which the Conservatives have chosen to work. In fact, while those parties which have joined the Conservatives in the new group are for the most part socially conservative, they are less extreme and more pragmatic than their media caricatures suggest. Moreover, such caricatures obscure some interesting incompatibilities within the new group as a whole and between some of its Central and East European members and the Conservatives, not least with regard to their foreign policy preoccupations and their by no means wholly hostile attitude to the European integration project.     

Linking coalition attitudes and split-ticket voting: The Scottish Parliament elections of 2007

The Scottish Parliament elections of 2007 were the third to be held under the country’s mixed-member proportional system. As voters continue to adapt to the new system, we explore two aspects of its use: i) preferences for coalitions as opposed to single-party government, and ii) ticket-splitting. The two are considered together for two reasons. First, both can be seen as manifestations of a preference for multiple parties, and as a result they share a number of likely predictors in common. In empirical practice, however, we find that rather different factors predict the two variables: ticket-splitting looks to be based on strategic partisan or ideological calculation, whereas coalition attitudes are less about partisan interests and more about an overall view of the kind of policies and politics delivered by coalitions. Second, there is potential for a causal connection between our two dependent variables, and indeed we do find clear evidence of such an attitude–behaviour link: some voters appear to split their ticket precisely because they would prefer a coalition.     

Pre‐Election Positions and Voting Behaviour in Parliament: Consistency among Swiss MPs

This article examines the determinants of positional incongruence between pre‐election statements and post‐election behaviour in the Swiss parliament between 2003 and 2009. The question is examined at the individual MP level, which is appropriate for dispersion‐of‐powers systems like Switzerland. While the overall rate of political congruence reaches about 85%, a multilevel logit analysis detects the underlying factors which push or curb a candidate's propensity to change his or her mind once elected. The results show that positional changes are more likely when (1) MPs are freshmen, (2) individual voting behaviour is invisible to the public, (3) the electoral district magnitude is not small, (4) the vote is not about a party's core issue, (5) the MP belongs to a party which is located in the political centre, and (6) if the pre‐election statement dissents from the majority position of the legislative party group. Of these factors, the last one is paramount.     

Who’s afraid of an EU tax and why?—revenue system preferences in the European Parliament

The current revenue system of the EU is still structured like that of an organization based on intergovernmental cooperation, although the EU is already far advanced in legislative and political integration. This antagonism gives reason to discuss whether or not the EU should be granted an autonomous tax source. Our contribution to this debate explores the factors which shape the acceptance of the EU tax option among European policy makers. A self-conducted survey among Members of the European Parliament (MEPs), which resulted in a response of some 150 of the representatives, offers us a unique database. Concerning MEPs’ revenue system preferences, our findings confirm an important impact of party ideology and individual characteristics while they indicate that country-specific factors also contribute to understand the attitudes towards an EU tax. In the light of our findings the status quo bias in the revenue system of the EU can be attributed to the persistent importance of national interests with respect to tax policy.

The Internet and Parliamentary Democracy in Europe

The overall aim of this volume is to investigate the impact of new information and communications technologies (ICTs), in particular the Internet, upon parliamentary democracy in Europe. Through a comparative study of four parliaments (the British, European, Portuguese and Swedish), our research addresses three important dimensions of the impact of the Internet on parliamentary democracy, namely, the practices, principles and rules related to the use of the Internet in a parliamentary context. It is hoped that, by comparing the experiences of the four parliaments and their Members, a European perspective on the development of and issues about ‘parliamentary e-Democracy’ can be established. The main sources of data and methodologies employed in this volume include a questionnaire survey, content analysis of parliamentary websites, interviews with parliamentarians and parliamentary staff and research workshops. Here we highlight the main features of the individual contributions included in this volume.     

The Left and Constitutional Reform,Gladstone to Miliband

Nineteenth‐century constitutional reformers focussed on parliament. Their central idea was citizenship, modelled variously on the democracy of ancient Athens, small communities like Switzerland, and especially the United States, a particular inspiration for Gladstone who admired its constitution. The 1911 Parliament Act marked the final triumph of the Victorian Liberals legacy, with a very different impetus coming from Lloyd George during his coalition. Labour focussed on class, not the constitution, though the ILP favoured localism and devolution, before succumbing to a centralising unionism. Tawney championed the idea of social citizenship, emphasising activism and education. After 1945, Labour did not prioritize constitutional reform until the dramatic changes that came after 1997. Gordon Brown then revived the notion of citizenship, and possible codification, in pursuing the values of Britishness. Labour's legacy was a confusing one. But Ed Miliband's policy revision could reclaim the idea of citizenship, an egalitarian concept to counter the inequalities of class.     

Religion and the Scottish Independence Referendum

The Scottish independence referendum debate, like the Act of Union of 1707, has significant religious dimensions. The Act gave special recognition through the monarch to the Presbyterian Church of Scotland. The Church, a national church, has not yet declared a position on independence, but is seeking to protect its existing privileges whatever the result. The Roman Catholic Church, recognised by the Scottish Parliament, unlike its formal rejection by the UK Parliament and monarchy, symbolically associates itself with the case for independence. Paradoxically, Catholics supporting independence subject themselves, in their religious lives, to an authoritarian foreign power. The SNP Scottish Government attempts to draw Roman Catholic support for independence from its traditional support base in the Labour Party by cultivating a sense of religious grievance that is not justified by the evidence. Old religious divisions are still relevant but non‐religion is growing fast and resulting in new perspectives on the independence debate.     

Are you sitting comfortably? Estimating incumbency advantage in the UK: 1983–2010 – A research note

This note adapts two models commonly used to estimate the incumbency advantage that US members of Congress enjoy – the ‘slurge’ and the Gelman-King Index – to provide comparable estimates for UK MPs. The results show that Liberal Democrats enjoy extremely large such advantages on a par with those of US Congressmen of between 5% and 15% of the vote. Labour and the Conservatives have incumbency advantages at around 2% and 1% respectively. The note estimates that effects could have changed the outcome in as many as 25 seats in some elections, and that they cost the Conservatives the chance to govern alone after the 2010 election.     

‘Respect for Law and Sausages’: How Parliament Made Section 31 of the Growth and Infrastructure Act 2013 on the Sale of Employment Rights

The Parliamentary debates on the clause which became section 31 of the Growth and Enterprise Act 2013 (allowing employees to agree to sign away employment rights for shares in the employing company) show that scrutiny by the House of Commons is very poor, and that scrutiny by the House of Lords is intense and very well‐informed. If the Government loses the argument on a Bill in the House of Lords, it will lose the vote. However, during Parliamentary ping‐pong (the back‐and‐forth process of amendment of a Bill between the two Houses) the Commons, and the Government, will normally get their way, however weak the policy proposal, provided that concessions on detail are made, unless the issue is regarded by the Lords as one of fundamental principle.