EU Reforms and the Role of National Parliaments (NPs)

National Parliaments (NPs) in the EU have been given several important roles through reforms aimed at enhancing their involvement in EU governance. These roles include overseeing the application of the principle of subsidiarity, engaging substantively with EU policy-making, and holding their own governments accountable.

1. Supervising the Application of the Principle of Subsidiarity

Principle of Subsidiarity:

• Introduction: Established by the Maastricht Treaty, this principle mandates that the EU should only act if objectives cannot be sufficiently achieved by member states (MS) individually and can be better achieved at the European level.

• Purpose: Prevents "competence creep," where EU powers could expand beyond their original scope.

Early Warning Mechanism (EWM):

• Mechanism: All legislative proposals from the Commission are sent to NPs, which can issue opinions on whether the proposals breach the principle of subsidiarity.

• Cards System:

◦ Yellow Card: If 1/3 of NPs issue a negative opinion, the proposal must be reviewed by the Commission but can still proceed.

◦ Orange Card: If 1/2 of NPs issue negative opinions, the proposal must be reviewed and can only proceed if both the Council and EP agree it does not breach subsidiarity.

Notable Cases:

• Monti I: Abandoned after facing strong criticism, not solely due to subsidiarity concerns but due to anticipated lack of political support.

• Monti II: Maintained despite subsidiarity objections because the Commission anticipated failure from the outset.

Problems Identified:

1. Regional Block Influence: Most opinions came from Central and Eastern Europe, creating a regional block that opposed proposals supported by Western Europe.

2. Passive Commentating: The process sometimes results in less active democratic input and more passive policy commentary.

Potential Changes:

• Red Card: A proposed veto power where 55% of NPs' opinions would compel a comprehensive discussion of the proposal.

• Green Card: Allows NPs to propose new legislative initiatives or amendments, thus influencing the legislative agenda.

2. Substantive Engagement with EU Policy-Making

Informal Dialogues:

• Engagement: NPs can engage in informal dialogues with the Commission. In 2019, NPs issued 159 opinions through such dialogues.

• Proposals for Enhancement: There have been suggestions to increase the power of NPs, potentially creating a second legislative chamber alongside the EP and Council.

Potential Enhancement:

• Second Legislative Chamber: Some propose enhancing the role of NPs to act as a second legislative chamber, increasing their influence in EU law-making.

3. Holding Their Own Governments Liable for Decisions

COSAC (Conference of Parliamentary Committees for Union Affairs):

• Role: Composed of representatives from 27 NP committees, COSAC leads in information sharing and learning about EU affairs.

• Accountability Models:

◦ Mandate-Based System: NP committees provide mandates for their representatives negotiating in Brussels.

◦ Document-Based System: National actors must explain their decisions made in Brussels to their NPs.

Multi-Arena Players, Auel and Neuhold (2017):

• Art. 12 Lisbon Treaty: NPs are now "multi-arena players," taking part in the implementation of EU policies, especially in areas of freedom, security, and justice. This role eliminates traditional levels within the multilevel system and recognises the various roles NPs can play.

Enhanced Role:

• Guardians of Subsidiarity: NPs can bring actions before the Court of Justice of the EU (CJEU) via the EWS. This formal involvement is limited to the early stages of legislative processes but represents a significant step in their engagement.

Concept of a Virtual Third Chamber (Cooper 2012):

• Representation, Legislation, and Deliberation: NPs can function in ways similar to a third legislative chamber, performing key parliamentary functions and acting as a collective EU institution.

Conclusion

NPs in the EU have seen their roles evolve significantly:

1. Policing Subsidiarity: Through mechanisms like the EWM, NPs can oversee compliance with subsidiarity, though challenges remain.

2. Engaging in Policy-Making: NPs are involved in substantive dialogues and could potentially gain increased legislative power.

3. Holding Governments Accountable: Through COSAC and other accountability models, NPs ensure their representatives' decisions align with national interests.

These roles collectively aim to enhance democratic legitimacy and accountability within the EU's complex multi-level governance structure.