Király Andrea:

The Role of National Parliaments in European Issues: How the New Member States Scrutinize Their Governments?

 

 

Introduction

 

            A democratic government has two main factors: the executive and the legislative power – is presidential and parliamentary. A state, if wants to be a member of the European Union, firstly has to correspond to the Copenhagen Criteria, namely, the democratic government among others: in the member states of the European Union the predominant form of government is parliamentary and/or presidential. The citizens elect their parliamentary members and the government is elected through the parliament.

            But not in the European Union institutional structure. And this is the source of the democratic deficit, in my term: parliamentary deficit in the European Union. Because the European Union does not have a parliamentary nor a presidential model. Insofar as the European Commission is the executive, it is not elected, either by the direct votes of citizens or indirectly through parliamentary elections. The European Parliament is not the body through the executive is chosen and, as a legislative power, does not fulfill in the European Union the role fulfilled by national legislatures within the member states (cannot do at EU level that which they do at national level).

            The national parliaments themselves have no formal role in the EU lawmaking.[1] That makes the parliamentary deficit in the European Union and puts the question: how can the European Union legitimize itself, how can solve the problem of this parliamentary deficit – how can the citizens through their elected parliamentary members influence the decision-making process in the European Union institutes? Does the European Union itself through its treaties change the role of national parliaments in the European architecture?

 

 

Developing the role of national parliaments in European architecture

 

The Maastricht Treaty

            The first step towards involving national parliaments into European decision making process was the ratification of the Treaty on European Union (TEU, Maastricht, 1992). There are attached two declarations (13^th and 14^th) connected to the parliaments. As it was only declaration, it means that was optional for the governments and the European Union too. Accordingly, the intergovernmental conference (IGC) firstly stresses the need to enhance the “contacts between the national Parliaments and the European Parliament…in particular through the granting of appropriate reciprocal facilities and regular meetings between members of Parliament interested in the same issues.”[2] Secondly, according to IGC, for the greater involvement and the opportunity for making better scrutiny mechanism during European legislation is “that national Parliaments receive Commission proposals for legislation in good time for information or possible examination.”[3]

            I would like to emphasize four terms out of the declaration: proposal for legislation, information, in good time, possible examination. Accordingly, the European Commission would forward the draft legislation to the national Parliaments (and only these documents without communications, preparation papers, documents of the working groups: the Green and White Papers). The Commission sends these draft legislations with the object that national Parliaments could have an insight into European Union decision making and, the Parliaments receive these documents for possible examination. Consequently, the Parliaments are given the right to examine these documents but if it is possible, do not encroach into the work of their governments. The term “in good time” means that before the voting in the Council ­ but which is the exact time period? As we can see, the “machinery of the European Union” allows very slowly  the national Parliaments to be close to the dawning decisions. As it was, the Maastricht Treaty gives a certain reason for a hope, but in wider sense does not ensure great involvement: a discretionary provision without any legal binding effect. It became a source for political debate and conflict between governments and parliaments, between national parliaments and the European Parliament on the effectiveness of parliamentary accountability in EU affairs.[4]

            The Declaration 14 regulates the Conference of the Parliaments (or Assises) as “the Conference of the Parliaments will be consulted on the main features of the European Union, without prejudice to the powers of the European Parliament and the rights of the national Parliaments. The President of the European Council and the President of the Commission will report to each session of the Conference of the Parliaments on the state of the Union.”[5] The first Assises meeting, and to date the last, was held in 1990. It cannot be said, that it was considered a great success.[6]

 

The Amsterdam Treaty

            The next step towards encouraging greater involvement of the national parliaments into European architecture was the 1996­97 IGC on revision of the Maastricht Treaty and finally, the Amsterdam Treaty (entered into force on 1^st May, 1999) with attached Protocol.[7]            The Protocol refines the Maastricht Treaty by specifying the documents to be forwarded to the member states by the Commission. In the regulation there are already the Green and White Papers and the communications too ­ all documents issued by the Commission.[8] The draft legislation is forwarded to the governments in good time ­ not to the parliaments, and they send them to their parliament.[9] The IGC defined six week period of time between the date when the issue by the Commission and the date of the decision in the Council about the proposal. So as it is written, the governments should have a national position six weeks before the negotiations in the Council and liable for the transfer every European Union matter to the parliaments.[10]

            The Amsterdam Treaty means more than the Maastricht Treaty in the way that it is not only a declaration but via protocol regulates the role of the national parliaments, so as a protocol is legally binding for the authorities.

            The second part of the Protocol attached to the Amsterdam Treaty focuses on the Conference of the European Affairs Committees (COSAC). The COSAC was established in Paris on 16­17th November, 1989 at the initiative of Mr. Laurent Fabius, the then President of the French National Assembly. It holds meetings (members of the European Parliament and members of the European Union Affairs Committees of national parliaments) twice yearly (every six months) in the Member State holding the Council Presidency and takes decisions by consensus. According to the Treaty, “COSAC may examine any legislative proposal or initiative in relation to the establishment of an area of freedom, security and justice which might have a direct bearing on the rights and freedom of individuals” and “may address to the European Parliament, the Council and the Commission any contribution which it deems appropriate on the legislative activities of the Union, notably in relation to the application of the principle of subsidiarity, the area of freedom, security and justice as well as questions regarding fundamental rights.”[11] It is an important forum for both sides for the exchange of experience and also for the national parliaments to discuss about the scrutiny systems they practice over their governments on European matters.

 

The Nice Treaty

            Besides that important reforms had been decided in Nice (see the enlargement), the IGC decided the report to be drawn up for the European Council at its meeting in Göteborg and Laeken about the future of the European Union. In the Treaty only in the Declaration No 23 is the need to address the role of national parliaments in European architecture. In addition, the IGC recognized “the need to improve and to monitor the democratic legitimacy and transparency of the Union and its institutions, in order to bring them closer to the citizens of the Member States.”[12]

 

The Laeken Declaration

            The summit of the European Council in Laeken decided to convene a Convention composed of the main parties involved in the debate on the future of the Union ­ the task was given: the key issues arising for the Union's future development and the identification the various possible responses. The Laeken summit identified itself with the need of more democracy, transparency and efficiency in the European Union. The declaration on the future of the Union, annexed to the Treaty of Nice stressed the need to examine the role of national parliaments in European integration.

            At the IGC three questions arose about the democratic legitimacy mentioned above. The first question was, how could the Union increase the democratic legitimacy and transparency of the present institutions, the second question was about the involvement of national parliaments. The following questions should be answered: should the national parliaments be represented in a new institution, alongside the Council and the European Parliament? Should they have a role in areas of European action in which the European Parliament has no competence? Should they focus on the division of competence between Union and Member States, for example through preliminary checking of compliance with the principle of subsidiarity? The third question concerned, however, how the Union could improve the efficiency of decision-making and the workings of the institutions in a Union of 25 Member States. Consequently, the Laeken IGC recognized that the Union has to resolve how to bring citizens closer to the European design and the European institutions, how to organize politics and the European political area in an enlarged Union and how to develop the Union into a stabilizing factor and a model in the multipolar world.[13] The IGC put up questions and waited for the answers from the working groups of the Convention.

 

The question of the role of national parliaments in the Convention

            The Working Group IV dealt with the role of national parliaments to be stressed in the future draft Constitution of the European Union. The Working Group (WG) during its meetings worked out three distinct headings on the role of national parliaments in the efforts to increase the democratic legitimacy of the European Union and bring it closer to the citizens:

1. The role of national parliaments in scrutinizing governments
2. The role of national parliaments in monitoring the application of the principle of subsidiarity
3. The role and function of multilateral networks or mechanisms involving national parliaments at the European level

            In my essay I concentrate to the first point, the national scrutiny systems. The WG considered that national parliaments should use all their possibilities to influence the Council through their governments. The first step is the effective scrutiny of their government's actions at the European level. The WG[14] considered that the provisions of the Amsterdam Treaty Protocol that relate to the national parliament's involvement in European issues could usefully be strengthened. The WG recommended that the Commission should transmit all legislative proposals and consultative documents, the Annual Policy Strategy and annual legislative and work programme simultaneously to national parliaments, the European Parliament and the Council; the Court of Auditors should transmit its annual report simultaneously to national parliaments, the European Parliament and the Council. The WG confirmed that six-week period was sufficient as a general rule for parliaments to be able to make their views known to governments and considered that no preliminary agreements should be acknowledged in the Council, including Working Groups and COREPER, in the course of six-week period. The WG welcomed the institution of parliamentary reserve that should prevent the said Member State from taking part in an agreement on the proposal within the Council, but this would not prevent the decision in the Council when decisions are taken by qualified majority – possible without the Member State concerned. In the view of the WG the basic factors of the effective scrutiny on national level are:

• The timeliness, scope and quality of information
• The possibility of a national parliament to formulate position with regard to a proposal for a European Union legislative measure or action
• Regular contacts and hearings with Ministers before and after Council meetings, as well as European Council meetings
• Active involvement of sectoral/standing committees in the scrutiny process
• Regular contacts between national parliamentarians and national members of the European Parliament
• Availability of supporting staff, including the possibility of a representative office in Brussels.

The WG decided that the COSAC[15] could consider drafting guidelines and/or a code of conduct for national parliaments setting out desirable minimum standards for effective national parliamentary scrutiny.[16]

 

The Copenhagen Parliamentary Guidelines

            As it mentioned above, the WG IV of the Convention recommended that COSAC should prepare a code of conduct or guidelines for relations between governments and parliaments in connection with community issues. These basic principles are known as Copenhagen Parliamentary Guidelines.[17]

            Accordingly, the COSAC pointed out three elements in relations between government and parliament: the quantity and quality of information, the timing of information exchange, the opportunities to the parliament to gain an influence on Community policy. Based on these factors, the following recommendations had been formulated on general guidelines as the Copenhagen Parliamentary Guidelines[18] – not legally binding:

1. a Member country’s government should ensure, in consultation with the Community’s institutions, that the national Parliament receives all Community documents regarding legislation and other Community initiatives as soon as they become available.
2. the government should prepare easily accessible, clearly-worded material on Community legislation, etc., for the national Parliaments
3. opportunities should be provided for meetings with ministers in the national Parliaments well in advance of Community meetings. The government should give an account of its attitude to Community proposals at such meetings.
4. the national Parliament should be informed by the government well in advance as regards decisions to be made in the EU and concerning the government’s proposals regarding decisions. This concerns ordinary meetings of the Council, summit meetings, and intergovernmental conferences. The national Parliaments should also subsequently be informed of the decisions made. 

 

The Draft Constitution

            On the Copenhagen Guidelines and the work of the Working Group IV of the Convention the Draft Constitution regulates in the most extensive manner the role of national parliaments in European issues in its Protocol.[19] Accordingly, the main elements of the information procedure towards the national parliaments are:

• all Commission consultation documents (green and white papers and communications), the annual legislative planning, any other instrument of legislative planning or policy strategy and all legislative proposals shall be forwarded directly by the Commission to Member State's national Parliaments upon publication (in the case of bicameral national Parliaments, to both chambers)
• the agendas for and the outcome of meetings of the Council of Ministers, including the minutes of meetings where the Council of Ministers is deliberating on legislative proposals, shall be transmitted directly to Member State's national Parliaments, at the same time as to Member State's governments (to both chambers)
• the Court of Auditors shall send its annual report to Member State's national Parliaments, for information, at the same time as to the European Parliament and to the Council of Ministers (to both chambers)
• a six-week period shall elapse between legislative proposal being made available by the Commission to the European Parliament, the Council of Ministers and the Member State's national Parliaments in the official languages of the European Union and the date when it is placed on an agenda for the Council of Ministers for its adoption of a position under a legislative procedure except of urgency
• a ten-day period shall elapse between the placing of a proposal on the agenda for the Council of Ministers and the adoption of a position of the Council of Ministers

            The Draft Constitution also specifies that the Member State's national Parliaments may send to the Presidents of the European Parliament, the Council of Ministers and the Commission a reasoned opinion on whether a legislative proposal complies with the principle of subsidiarity and proportionality. Additionally, the Draft Constitution regulates the interparliamentary cooperation such as the European Parliament and the national Parliaments shall together determine how interparliamentary cooperation may be effectively and regularly organized and promoted within the European Union.

            These regulates will come in to force when the Draft Constitution will be ratified in all Member States of the Union (the first possible date is January 2007).

 

 

 

The decision-making in the European Union: where are the key points to the national Parliaments?

 

Brainstorming phase:

 

Action-programme

(approved by the European Commission and the European Parliament)

|

Green Paper

(determination of the problem, possible solutions,

sending for the debate, forwarding to the Member States)

|

White Paper

(the result of the consultation, including the principles of the draft proposal)

 

 

Decision-making phase:

 

European Commission

                                                            |                           European Parliament

Working Groups

(cooperation with the experts of Member States)

|

Taking national positions

(the need of compromise)

|

Council of Ministers

|

Working Groups

|

Taking national positions

|

COREPER

|

Council of Ministers

(negotiation, decision)

 

 

            In my point of view, the national parliament’s first opportunity to exercise their national interest is by receiving the consultation documents from the European Commission. Firstly, with the Green Paper is given the possibility to think about the recommendation[20] (of course, in the case, that the proposal falls under the parliament's interest and wants to influence it by its own view).

            The second key point for the national parliaments is by receiving the White Paper: there is no formulated act yet but already we can see the relevant points of the draft proposal – consequently, the national parliaments can still enforce the national views.

            The last and crucial point for the national parliaments is the working groups of the Commission and the Council of Ministers. Namely, there are the experts, there is the last opportunity to influence the negotiations.

            We can make a statement, that the decisions come into existence on the level of the working groups, consequently the national positions should be exercised at the very latest there. Afterwards, it is very hard to change the compromises on the level of decision-making. Hence, it is necessary for the Commission to forward the draft legislative proposals to the national parliaments – there the competent committee can make its resolution and recommends a position for the negotiation-process with the government. This recommendation will become important during the deals on the meetings of the Council of Ministers. Furthermore, the best way for the exchange of information the informal relationship between the national members of the European Parliament, the national permanent representation in Brussels and the national parliament – the European Affairs Committee:

 

 

National level                                                                          European Union level

                                                           Documents

Permanent Representation                                                       Green Paper

                 (Brussels)                                                              White Paper

 

Parliament        Government                                                    Working Group documents

    EAC              Ministries

 

                                                                                              COREPER

                                                                                              Council

 

 

            After receiving documents the European Union does not specify any rules according to the national scrutiny system, consequently, there does not exist a uniform norm for the cooperation between the national parliaments and their governments (to make own national positions) in European Union issues to influence the European Union decision-making process – this is internal tether of the Member State.

            The scrutiny mechanism of the Member State’s government by the parliament materializes in different manner. There is no two uniform model, however, the Member States can belong in three groups according to the strength of their parliaments, the efficiency and effectiveness of the scrutiny. There are three categories in the following criteria: the scope of parliamentary control, the timing and management of parliamentary scrutiny and the impact of parliamentary scrutiny.[21]

 

Parliaments	Criteria
	Scope	Timing, management	Impact
Weak parliaments	Rather low	Reactive and accidental	None
Modest policy influencing parliaments (modifies, rejects government proposals)	Low-High	Reactive but Formalised	Low
Strong policy-making parliaments (substitutes government proposals)	High	Anticipative, proactive And institutionalised	High

 

 

How does national scrutiny process work in the old member states?

            As it was mentioned above, the nature of the scrutiny mechanisms differs from state to state. The parliaments of Denmark, Austria, Sweden and France focus their EU-related activity on the formulation and issuing of voting instructions for their respective government members in the Council of Ministers. These parliaments build on an ideal bipolar legislature-government scenario. The other parliaments follow a more open and consensual (Netherlands, Germany, Finland), or supportive (Ireland, Italy, Belgium, Luxembourg, Portugal, Spain, Greece) approach vis – à – vis their governments.

 

Basic orientation of parliamentary scrutiny EC/EU affairs[22]

Parliament's working style	Nature of scrutiny processes			Consideration of phases in EU policy cycles
	Orientation towards supportive scrutiny	Orientation towards Formulating and/or voting instructions		Anticipative, ex-ante examination of EC/EU draft legislation	Reactive, ex-post consideration of EC/EU legislation
Main focus on EU Committee	SF,IRL	F, UK	DK, A	DK, SF, A, UK	IRL
Strong involvement of Specialised Standing Committees	D, NL, SF,I		S	D, F, NL, S		I
Focus on plenary sessions	B, GR, L, P, E			B, L	P, E	GR

 

 

 

 

The new Member States

 

            In this part of the essay there are presented the control mechanisms of the newly accessed member states of the European Union above their governments in EU affairs. It can be declared that these new member states have formed their scrutiny system with deep studies in the old member states of the EU, taking into consideration their practice as example. In general, we can say that in most of the cases the new member states paid attention for the advantages and disadvantages of the control systems and with the knowledge of these systems formed their own parliamentary role in EU issues.

 

 

Cyprus

 

            Cyprus is a presidential democracy. According to the political system in Cyprus, there is a complete separation of powers between the executive, the legislature and the judiciary. In this respect and according to the relevant constitutional provisions, the executive is not legally bound to adopt the views of the parliament (House of Representatives[23]) at large on EU issues as well as the parliamentary Committee on European Affairs.

And there is no act which deals with the cooperation between the government and the parliament.

            The committees of the parliament are empowered by the House Rules of Procedure to invite members of the executive to participate in their meetings and provide information and give answers to questions put forward by the members of these committees:

·        A Committee of the House shall have the right to summon any interested organ, authority, organization and evidence or to express and elaborate views and opinions on any bill or matter under debate[24]

·        Should a ministry, a government department or another organization be summoned to a meeting of a Committee, the level of their representation to the said meeting shall be decided by the Ministry, the government department or the organization themselves: It is to be understood that the aforementioned provisions do not deprive the Committee of the right to summon to a hearing particular members of the Government or the civil service, if it deems this purposeful.[25]

·        A Committee may require a priori the submission of a memorandum compromising the views of a Ministry, government department or organization on the matter to be debated: It is to be understood that, in case these views are expressed in person before a Committee, the representative of any of the aforementioned  services shall not be deprived of the right to support these views with a written note or memorandum, which he shall forward to the Committee upon conclusion of the meeting concerned.[26]

 

The Committee on European Affairs

In view of the accession of Cyprus to the European Union and following a recommendation of the Parliamentary Committee of Selection that was adopted by the plenary of the House on 25 February 1999, the then Parliamentary Committee of Foreign Affairs was enlarged both arithmetically as well as in terms of competences so as to engage in legislative and other activities concerning the harmonization of the national legislation with the acquis communautaire. With the same decision of the House, the committee was renamed “Parliamentary Committee of Foreign and European Affairs”. The committee consisted of 19 Members of Parliament and was the largest in size parliamentary committee.

On 14 July 2001, the plenary of the House, following a recommendation of its Parliamentary Committee of Selection, decided the separation of the Parliamentary Committee of Foreign and European Affairs to two committees, the Parliamentary Committee of Foreign Affairs and the Parliamentary Committee of European Affairs. The competences of the former Committee of Foreign and European Affairs relating to the European course of Cyprus were assigned to the newly formed Parliamentary Committee of European Affairs. The Committee of European Affairs consists of 14 members and has had the following competences:

 

1.      Monitoring of accession negotiations

The Committee was entrusted with the task of monitoring the accession negotiations between the EU and Cyprus. To this end, the Committee was being informed of the negotiations and the accession process of the Republic of Cyprus at large by the government through the deposition of all relevant documents.

            The Committee invited, on a regular basis, the Coordinator for Harmonization (formerly called “Head of the Negotiating Delegation for the Accession of Cyprus to the European Union”), as well as the Minister of Foreign Affairs and other government officials who informed it on the negotiating positions of the Republic on the various chapters of the acquis, as well as on the developments of the negotiation process and the individual progress for each chapter. In this framework, the Committee expressed its position to the Coordinator for Harmonization on many aspects of the accession process before these took place. The latter conveyed the position of the Committee to the government, which, as a rule took them seriously into consideration.

 

2.      Examination by the Committee of harmonization bills of law – The Procedure

The Committee, based on the aforementioned decision of the House, is solely responsible for the examination of bills or regulations aiming at harmonizing the national legislation with the acquis communautaire. Each harmonizing bill submitted to the House is forwarded to the Parliamentary Committee on European Affairs for the examination and preparation of a relevant report, provided that the plenary did not forward it to any of the other specialized parliamentary committees.

            The Committee examines the bills of law on a priority basis and invites to its meetings the Coordinator for Harmonization and the Attorney General of the Republic or their representatives, who are accompanied by officers of the competent public services, in order to analyze and explain the provisions of each harmonizing bill of law. By exemption to the practice followed by other parliamentary committees, no interest groups are invited to the meetings of the Committee on European Affairs to express their views on the legislation under examination.

            However, before such a bill of law is examined by the Committee, the government is asked to submit to the Committee through the Coordinator for Harmonization, all necessary information relating to the compatibility of the proposed harmonizing bill of law with the acquis communautaire, the capability of Cyprus to adopt it, the possible social and financial consequences etc. This information is considered essential in the effective, efficient and speedy examination of the bill of law by the Committee.

            This is considered by the Committee as particularly important since it fills the gap which emanates from the fast-track procedure concerning the examination of harmonizing legislation and especially from the non-presence and non-hearing of interest groups´ representatives (in contrast to the normal parliamentary practice followed by the specialized parliamentary committees where the interest groups are invited to participate in their meetings and express their views).

            If a proposal is put forward by the chairman of another parliamentary committee or by the chairman of the Committee on European Affairs, a harmonizing bill of law may be forwarded for examination to the parliamentary committee, which, under normal circumstances, would be the competent one to examine it. This takes place particularly in the case where it is deemed necessary to invite interest groups in order to express their views on the proposed bill. In this case, the bill of law, upon examination by the competent committee, is either forwarded directly to the plenary, or it is returned to the Committee on European Affairs along with the committee’s suggestions.

Until now, the Committee on European Affairs has examined and forwarded to the plenary 566 bills of law and 562 regulations of harmonizing nature.           

 

3.      Parliamentary Control

In the framework of exercising parliamentary control in relation to the accession process of Cyprus, the Committee monitored and recorded, after the approval of each harmonizing bill of law, the immediate obligations of the executive power for the materialization of the provisions of the legislation and examined on a regular basis whether the abovementioned obligations have indeed been materialized.

            In addition, the Committee, based on the information received by the executive power, monitored the commitments undertaken by the Republic towards the European Union in relation to legislation that should have been promoted for approval and reminded the executive power of its obligations, if and when a considerable delay had been noticed.

 

The new role of the Committee on European Affairs

The role of the Parliamentary Committee of European Affairs is expected to evolve upon the accession of Cyprus to the European Affairs, for two basic reasons:

            (a) due to the need to oversee the decision-making process of the European Union and to scrutinize the executive within the framework of its participation in the European Council, the Council of Ministers and the Committee of Permanent Representatives and

            (b) due to the enhanced role vested in national parliaments by the Constitutional Treaty of the EU, a role that is expected to be exercised, to the largest extent, by the European Affairs Committees of national parliaments.

            It should be stressed that even without positive provisions of the Constitutional Treaty, the role of the House of Representatives was expected to change substantially. This is attributed to the fact that the Parliament will seize to be the recipient of acquis communautaire in the shaping of which it had not contributed. In line with all other national parliaments, the House of Representatives, and in particular the Parliamentary Committee of European Affairs, will monitor the decision - making process from the beginning until the end, that is, from the moment that the European Commission submits a legislative proposal, until its discussion and adoption by the Council of Ministers and the European Parliament.

            For this purpose, the Parliament will be kept informed by the institutions of the EU, through the simultaneous dispatch of all documents and legislative proposals to it, before the same are discussed at the Council of Ministers and any decision is taken. The government should also inform the Parliament on the position it wishes to adopt with regard to each legislative proposal under discussion before the Council of Ministers. Therefore, within the framework of the political system of Cyprus and the procedure of scrutinizing the executive, the Parliament, in its capacity as the legislative power of Cyprus (and the Parliamentary Committee of European Affairs in particular), will be able to influence the decision - making process of the EU.

            It is expected that the Cyprus Parliament, will soon take its final decisions concerning the method through which it will monitor the decision-making procedure on the European level, the method of monitoring the application of the principles of subsidiarity and proportionality, as well as the method of scrutinizing the executive in respect of its participation in the decision - making process of the EU, taking always into account the characteristics of the political system of Cyprus which is presidential democracy.

            In conclusion, it is expected that the House of Representatives and the Parliamentary Committee of European Affairs in particular, will continue to exercise and advance the role they have already undertaken, which aims at informing the citizens on matters concerning the EU and in particular those directly affecting their personal and professional lives.[27]

 

 

Czech Republic

 

            The starting point for changes directly connected with the European Union was the amendment of the Constitution of the Czech Republic, the so called “Euroamendment”. The first draft constitutional law (1999) was not adopted, the second draft constitutional law was submitted by the government in March 2001 and amended newly in 2002. The legislative process was ended in October 2001. According to the Czech Euroamendment, an international agreement may provide for a transfer of certain powers of bodies of the Czech Republic to an international organization or institution (the transfer of part of the sovereignty to European level). An approval of the parliament is required to ratify an international agreement unless a constitutional law requires an approval from a referendum.[28]

            For the relationship between the government and the parliament[29], the constitution regulates the scope and the timing of forwarding information towards the legislative: the government  informs the parliament regularly and in advance on issues related to obligations arising for the Czech Republic from its membership in an international organization or institution. For the process of taking national position, the constitution provides that the chambers of parliament express their opinions on the decisions of such an international organization or institution in a form provided for by their rules of procedure.[30] In addition, the constitution provides for two alternatives:

1. Each chamber establishes its own parliamentary scrutiny mechanism
2. Joint body of the two chambers shall be established[31] 

The parliament chose the first possibility, because the joint body would consist of deputies and senators as well and give a mandate to the government. But the executive is responsible to the Chamber of Deputies only. Furthermore, the joint body would have to be regulated by an act on the principles of conduct and relations between both chambers and in their external relations which requires consent of both chambers. Anyway, in the course of discussions on the two draft acts, the senate  as well as the government wished to establish the joint committee. The reason probably was that the government could easier communicate and cooperate with one body instead of two parliamentary committees as well as the senate could gain more powers.

 

            Following this, two Acts were adopted. One amending the Standing Order of the Senate, the other one amending the Standing Order of the Chamber of Deputies. It means that the Czech Republic does not have any specific Act concerning the relationship between the executive and the legislative in EU matters, all is in the Standing Orders of the parliamentary chambers.

 

Parliamentary scrutiny of the Chamber of Deputies[32]

The amended Rules of Procedure of the Chamber of Deputies[33] defines the deliberation process of European Union affairs between the chamber and the government.

 

The timing and scope of information by the government

The government forwards draft acts with preliminary position of the European Union to the chamber through the Committee for European Affairs (CEA). The government if so decides or if so requested by the chamber or its bodies also forwards other documents of the European Union. The government submits the afore-mentioned documents to the chamber at the same time they are submitted to the Council of the European Union.

 

Taking national position 

Draft legal acts and other documents of the European Union are deliberated by the CEA on the basis of the government’s preliminary position and without undue delay. The committee may forward such draft legal acts to other competent committees and may at the same time specify the time period in which the draft is to be deliberated.

The chairperson of the CEA or the chairpersons of the responsible committee forwards resolutions on draft legal acts and other EU documents to the chairperson of the chamber and within 8 days from the adoption of such resolution may request that the resolution be included on the agenda for the session of the chamber. These resolutions are delivered to all deputies at least 24 hours prior their deliberation in the chamber. If a resolution is not included on the agenda for the next session or if the chamber has not decided on its inclusion, it is deemed to be the recommendation of the chamber. In these cases, resolution by the chamber or the committees are forwarded to the government. The member of the government takes these recommendations into account when formulating its opinion for deliberations in the bodies of the European Union. If it is requested, the member of the government attends the meeting of the CEA and provides information on the position that will adopt on the matter being negotiated in the Council of the European Union. By an earlier CEA resolution the member of the government may be requested to provide information or explanations for draft legal acts or other EU documents at the CEA meeting. The government may request that a meeting of the CEA or a part thereof be held in camera.

 

Ongoing and post-information responsibility of the government

The member of the government sends a report on the Council meeting to the CEA immediately after the government has approved the report or taken it into account. In Czech Republic there is existed the parliamentary reservation, namely, the member of the government does not adopt a final opinion in Council deliberations until the procedure in the chamber has been completed (with the exception of acts or documents of considerable urgency).

 

Parliamentary scrutiny of the Senate[34]

The relationship between the senate and the government is laid down in the standing rule of the senate.[35] Accordingly, the senate examines proposals of binding measures of EU bodies, information and opinions of the government on legislative acts or other EU documents (including their consideration stage as well). These documents are forwarded by the government or upon a request of the senate or a committee. This committee is designated to examine legislative acts and binding measures of EU bodies as well as documents directly referred to the senate by EU bodies, this committee keeps files on these documents and the files are open to other bodies of the senate and senators. The senate bill differs from the chamber of deputies bill that the Czech members of the European Parliament may attend meetings of the committee with an advisory vote – they may express their opinion on the matter under consideration and submit proposals thereon. The rules of procedure does not name this committee but the senate has its own committee for European issues: Committee on EU Affairs. In addition, the senate may examine documents which are referred to the senate directly by the bodies of the European Union, in particular, communication documents.

 

The timing and scope of information by the government

According to the rules of procedure, the government forwards the following information:

·        Proposals of legislative acts of the EU after they have been referred by the European Commission or any other EU body

·        Preliminary opinions submitted by the government on proposals of legislative acts of the EU

·        Preliminary government agenda of any meeting of the European Council, and subsequent information on the results thereof

·        Government information on the commencement and course of negotiations on altering the treaties upon which the European Union is established

·        The report on incorporating into the legal order obligations resulting from membership in the European Union, particularly on the implementation of legislative acts requiring transposition – at least once a year

·        The report on the development of the European Union during the preceding year and its further development – at least once a year

These documents are submitted by the government regularly, in advance, without undue delay.

 

Taking national position

In the structure of taking national position, there are two types of legislative documents related to EU issues: the legislative act which means all the draft legislative proposal connected to European Union without issues of the second pilar, and the draft decision which includes all the matters connected to common foreign and security policy.

 

The draft legislative acts connected to EU

The Committee on EU Affairs within five working days from the receipt decides whether or not the proposal of a legislative act should be taken into account without examination. In the case of the examination process, the chair of the Committee on EU Affairs appoints a reporter from amongst the members of the committee and the process of examination of the proposal of a legislative act shall be commenced thereby. The chair of the committee notifies the president of the senate about the commencement and the president informs the government. The committee may request the government for further information on the proposal of a legislative act under examination and the requested information must be forwarded to the committee no later than 14 days of the delivery of the request of the committee.

The Committee on EU Affairs may request that a body of the senate which would have subject-matter jurisdiction should a bill be examined, submit its opinion on the EU proposal within a time agreed on by the chair of the EU committee and the chair of the senate body in question.

 

The draft decision – CFSP documents

The Committee on EU Affairs decides, whether a proposed binding measure of the European Union bodies adopted within common foreign and security policy shall be taken into account without examination. In the case of taking under examination, the chair of the committee appoints a reporter from amongst the members of the committee. The EU committee may request the government for further information on the proposal of a draft decision under examination and the requested information must be forwarded to the committee without undue delay after the delivery of the request of the committee.

 

Common examination of the proposal of a legislative act and the draft decision

Examination of the proposal of a legislative act and the draft decision is attended by a government representative, reporters of the bodies of the senate which have considered the proposal of a legislative act and other persons who may provide information on the issues under examination and have been invited by the EU committee to do so.

            The proposal of a legislative act or a draft decision is rationalized by a government representative, followed by the reporter of the EU committee. Debate commences where a motion may be either to take into account the proposal of a legislative act or a draft decision, or to recommend that the issue be referred for examination by the senate. After closing the debate the EU committee decides on the submitted motion. Where a motion has been passed by the EU committee to recommend that the issue be referred for examination by the senate, the motion shall be sent to the government for its information and submitted to the president of the senate. The president of the senate places the motion on the agenda of the next immediate meeting. If the proposal of a legislative act is in question where the time limit during which member States should express their national position, will not exceed six weeks, the president of the senate is obliged to call the meeting no later than within 32 days from the delivery of the proposal of a legislative act to the senate.

            The senate considers the proposal of a legislative act or a draft decision where such motion has been submitted by the EU committee or a minimum of 17 senators have so moved in writing before the adoption of the closing resolution by the EU committee (the president of the senate shall immediately inform the chair of the EU committee of such motion). The senate may decide that the proposal of a legislative act or a draft decision be taken into account or should be examined. The president of the senate immediately informs the government of the result of examination thereby.

            Where the proposal of a legislative act has been designated as urgent it is examined within summary procedure if the government so requests. The request is appended by a preliminary opinion. Where, within the summary procedure, the EU committee adopts the motion to recommend that the issue be referred to the senate for examination, the resolution will be sent immediately to the government. Such resolutions is concurrently sent by the chair of the EU committee to the president of the senate who resends them to all senators.

 

Ongoing and post-information responsibility of the government

The rules of procedure of the senate does not specifies what does happen with the recommendations adopted by the senate towards the government in European issues. Some parliamentary reservation procedure can be read in the standing rule, so that the commencement of examining the proposal of a legislative act shall constitute an impediment to participation of a government member in decision taking. This kind of impediment shall not apply where the period of 35 days has elapsed to no effect since the receipt of the proposal by the senate. But there is no post-Council meeting information procedure specialized in the rules of procedure. For example what steps could the EU committee or the senate make in the case that the member of the government modifies or not takes into consideration the recommendation of the senate during the negotiations in the Council of European Union and what kind of responsibility does have the government in the case of deviation from the recommendation submitted by the senate. From the secretary[36] of the Committee on EU Affairs I’ve got the answers for my questions. According to the question that what happens if the member of the government does not take into account the senate’s recommendation during the negotiations in the Council of Ministers, the answer is: in fact nothing, because it is only recommendation, which is not legally binding, it is only politically binding. About the ongoing and post – information responsibility of the government the senate usually received written information about the agenda and results of all forms of Councils (for finance, agriculture etc.), before and after European Council minister for foreign affairs or prime minister usually give oral information on the plenary session.

 

 

Estonia

 

 

            The view of the Republic of Estonia is, that Estonia can effectively fulfill the expectations of its citizens only by defending coherent positions at all levels of decision-making in the EU, while actively and proficiently presenting them to the institutions as well as in other Member States. In order to compensate for transfer of legislative power, the parliament adopted an amendment to the Rules of Procedure Act in March 2004. The amendments gave the parliament means to exercise parliamentary scrutiny of the actions of the executive on the EU level. It also provided for the inclusion of the legislative power into the EU decision-making process and internal EU co-ordination system of Estonia. To achieve this goal, the relationship between the executive and the legislative power in European Union matters is laid down particularly in the Rules of Procedure of the parliament. Estonia has an unicameral parliament, named Riigikogu.[37]

The parliament exercises its European responsibilities through its European Union Affairs Committee. A Riigikogu committee dealing with EU issues was first formed in 1997. (European Affairs Committee - mandate of the EAC as well as the parliament in general was not stipulated in legal acts, the scrutiny then relied primarily on good practices and customs). After the 2003 elections, the parliament formed new committee: the European Union Affairs Committee (EUAC) was formed in March 2004 pursuant to the amended Rules of Procedure Act of the parliament. This act was amended in order to ensure an efficient participation of the parliament in the EU decision-making process. The EUAC has a decisive and coordinative function for dealing with the EU affairs within the Estonian parliament.
The Committee gives the government its positions (mandate) regarding the draft EU legislative acts as well as Estonia’s positions for the Council of the European Union meetings (with the exception of the CFSP, where such functions are performed by the Foreign Affairs Committee). Hence, the committee’s work is following two main lines: the Council of European Union meetings (and the European Council) and the legislative proposals by the European Commission. The EUAC is responsible for:

• Systematically monitoring the impact of the EU initiatives and of the government’s policy towards the EU
• Forming the position of the parliament on EU draft legislation and giving its opinion on other issues of interest to the parliament
• Ensuring the widest possible social and political support to Estonia’s positions presented in the EU.

 

The timing and scope of information by the government

According to the Rules of Procedure[38] of the parliament, the government forwards the following EU documents to the parliament:

• Draft legislation which requires, pursuant to the constitution of Estonia, the passage, amendment or repeal of an act or a resolution of the parliament
• Draft legislation the passage of which would bring about a significant economic or social effect
• Other EU affairs of significance to the parliament for an opinion – on the initiative of the government itself, or at the request of the EUAC or the Foreign Affairs Committee (FAC)

The government forwards these documents at the earliest opportunity after receipt of the draft legislation to the Board[39] of the parliament. The Board promptly sends them to the EUAC or to the FAC (in the case, that the draft legislation concerns common foreign and security policy of the EU). The members of the parliament are notified of forwarded draft legislation and the committees which were designated to provide an opinion thereon.

 

Taking national position

The government attaches to the draft EU legislation an explanatory memorandum including the following data:

• The purpose of the EU legislation
• The procedure and schedule for proceedings regarding the draft legislation in the institutions of the EU
• An overview of the effects related to passage of the draft legislation as legislation
• The opinion of the government on the draft legislation.

A standing committee which has been designated by the Board of the parliament to provide an opinion on draft legislation, submits its opinion to the EUAC or the FAC by the same time specified by the Board of the parliament. After expiry of the term specified by the Board, the EUAC or the FAC enters the draft legislation on the agenda for a sitting. The EUAC or the FAC then forms a recommendation regarding the draft legislation on behalf of the parliament.[40] The committee informs the government of its recommendation or of its having declined to form a recommendation. The government is required to adhere to the recommendation of the parliament.

 

The detailed schedule of the work of the EUAC:

Monday

EUAC meeting: ministries send their (the latest deadline) materials for the government meeting/the same documents are sent to the EUAC

Wednesday

Council of Senior Civil Servants meeting: discussion of EU-related items on the government session agenda, information regarding Commission legislative initiatives, etc - the EUAC Secretariat is provided with updated information

Thursday

Government meeting: Estonia’s positions for the Council of the European Union meetings (next week) and the EU legislative proposals are decided. The
EUAC obtains the electronic documents from the government session in relation to the Council of the European Union meetings next week and government positions in respect of EU legislative proposals (finalized).

Friday

EUAC meeting: minister (-s) appear before the committee explaining the government’s position (-s) for the next weeks Council of the European Union. Committee recommendations (extracts from the minutes) are sent to the government and respective copies to the relevant ministries by e-mail.

 

Ongoing and post-information responsibility of the government

If the government has failed to take into attention the recommendation of the parliament during the negotiations and the decision-making in the Council of the European Union, is obliged to provide justification therefore to the EUAC or the FAC at the earliest opportunity. The relevant ministry provides the EUAC with a memorandum containing the proceedings of the Council of the European Union meeting as a follow-up of the proceedings cycle.

In addition, at least once a year the prime minister (on behalf of the government) presents to the parliament an overview of the activities of the government in implementing EU policies. Furthermore, during this presentation the EUAC initiates the deliberation in the plenary.  

 

 

 

Hungary

 

            In the Republic of Hungary the legislative power is exercised by the unicameral National Assembly.

            The parliament of Hungary on 17^th December, 2002, with 361 (from 365 deputies) supporting votes adopted the amendment of the Constitution that in view of public law allows for the Republic of Hungary the accession to the European Union. According to the constitution: the Republic of Hungary, in its capacity as a member state of the European Union, may exercise certain constitutional powers jointly with other member states to the extent necessary in connection with the rights and obligations conferred by the treaties on the foundation of the European Union and the European Communities; these powers may be exercised independently and by way of the institutions of the European Union.[41]

            The relationship between the parliament and the government is laid down in the constitution: in all matters in connection with European integration, the detailed rules governing the oversight powers of parliament or its committees, the relationship between parliament and the government, and the government's obligation to disclose information shall be enacted by a two-thirds vote of those members of parliament present. The government shall present to parliament the motions that are on the agenda of the decision-making mechanism of those institutions of the European Union that require government participation.[42] The cooperation, according to the constitution, between the legislative and the executive is detailed more in a separate act adopted on 17^th May, 2004.[43] and specified in the standing orders of the parliament. The parliament empowers the standing committee dealing with European Union issues (Committee on European Affairs[44]) to have the power to decide matters in the procedure concerning draft legislative proposals of the European Union.

 

The timing and scope of information by the government

·        According to the act, the government forwards all draft legislation, proposals and documents being on the agenda in the decision-making procedures of the institutions of the European Union operating with governmental participation. In addition, the government sends any other clearly specified document if and when requested by the parliament. The executive forwards these documents immediately after their receipt.

 

Taking national position

Taking the European Union’s agenda for decision-making into account, the government with an explanation indicates the draft legislative proposals of the European Union that believes belong to the legislative authority of the parliament, and those which have extraordinary importance for Hungary, particularly the following EU proposals which:

·        Refer to a subject that is provided for by an act passed by qualified majority by the virtue of the constitution or by special act

·        Refer to the definition of the contents of fundamental rights and obligations and the essential guarantees of their enforcement, or

·        Include any provision conflicting with legislation in force.

The government may send its standpoint – at a date enabling the consultation in merit considering the European Union’s agenda for decision-making[45] – to the parliament concerning any draft legislation proposal, and may initiate a consultation thereof and, the parliament also may request information on the standpoint that the government intends to represent concerning any draft legislative proposal. The government’s standpoint includes the following data:

·        A summary of contents of the draft legislative proposal

·        An indication of the decision-making process applicable in the course of the decision-making by the European Union

·        The expectable schedule of the adoption of the draft legislative proposal and possibly the starting date of the discussion of the draft by the Council of the European Union

·        The standpoint of the government concerning the draft legislative proposal, the objectives to be achieved in the decision-making process of the European Union and their reasons

·        The presentation of possibly legislative tasks stemming from the draft legislative proposal

At the request of the parliament, the government attaches to its standpoint in addition the following data:

·        The indication of the legislation including the effective regulation applicable in Hungary and in the European Union on the subject of the draft legislative proposal

·        Brief presentation of the expectable economic, budgetary and social impacts of the draft legislative proposal on Hungary

·        The opinions of institutions of the European Union and member states concerning the draft legislative proposal, that were known to the government when its proposed standpoint was prepared.

The parliament may adopt recommendation concerning the draft legislative proposal within reasonable time, considering the European Union’s agenda for decision-making. In its recommendation the parliament indicates the viewpoints that it considers necessary to enforce in the decision-making process of the European Union. The government when elaborates its standpoint to be represented during the negotiations in the Council of the European Union, takes the recommendation of the parliament as a basis.

Prior the Council meeting the responsible minister or other member of the government appears before the Committee on European Affairs at its request and expounds the position the government intends to represent at the Council of the European Union meeting. And, in the case, that the draft legislative proposal covers subject whose regulation requires a qualified majority vote of the parliament by virtue of the constitution, the member of the government may deviate from the recommendation of the parliament in justified cases only.

In the case that the parliament fails to adopt a recommendation concerning the standpoint of the government by the deadline required by the European Union’s agenda for decision-making, the government will decide in its absence on the position to be represented during the decision-making process in the European Union.

 

Ongoing and post-information responsibility of the government

The government is obliged to inform the parliament regularly on significant changes in the contents of draft legislative proposals or if the government modifies its proposed position taking into consideration the decision-making process of the European Union. The parliament may also amend its former recommendation on that basis.

After the decision made by the Council of the European Union or other institution of the EU operating with governmental participation, the government informs the parliament in writing on the decision:

·        Concerning which the parliament adopted a recommendation, or

·        Which is specified by the parliament.

If the position represented by the government differs from that of the parliament, the government is obliged to give a verbal justification after the decision made in the European Union. If the divergence concerns a subject whose regulation requires a qualified majority vote of the parliament by virtue of the constitution, the parliament will decide on the acceptance of the justification.

Other information responsibilities of the government:

·        Prior to the European Council meetings and other events of strategic importance, and on the initiative of the Speaker of the Parliament, the Prime Minister informs the parliament on the position to be represented by the government

·        The government regularly informs the parliament on political events of strategic importance concerning integration

·        The Prime Minister orally informs the plenary on the European Council meetings, and

·        The government informs the plenary on questions concerning the membership of Hungary in the European Union and the status of European integration.

 

 

Latvia

 

            Latvia with the amended constitution regulates the accession to the European Union with the Europe – article[46] that defines the share of Latvia’s competences into international level, and particularly the following: substantial changes in the terms regarding the membership of Latvia in the European Union is decided by a national referendum if such referendum is requested by at least one-half of the members of the parliament and all international agreements, which settle matters that may be decided by a legislative process, requires ratification by the parliament.

            The legal basis of the relationship between the executive and the legislative is on the one hand in the Rules of Procedure of the parliament[47], and under the Regulations of the Cabinet of Ministers of the Republic of Latvia[48] on the other, and the instruction of the Cabinet of Ministers on the formation procedure of Latvia’s positions and movement of information on the third.[49]

            The European Affairs Committee (EAC)[50] has the following competencies connected to European Union issues:

• The parliament exercises its involvement in EU matters through the EAC
• The EAC reviews and approves the official positions of the Republic of Latvia prior to their submission to European Union’s institutions
• At least twice a year, the prime minister or a member of the cabinet (authorized by prime minister) reports to the parliament on the government’s accomplishments and on intended future actions regarding EU matters. Parliamentary debates may be hold about this report.

In general, the most important tasks of the EAC can be divided into four categories: legislation, scrutiny, training and information.

In Latvia line ministries are responsible for a continuous supervision of the EU matters in the fields of their competence. The recognition of EU legislative initiatives important for Latvia is largely dependent on the work of ministries. Each ministry has its own EU department or at least a division of a department. Ministries also have their permanent representatives in Brussels who provide information on the most significant legislative initiatives.

 

Timing and scope of information by the government

The constitution, nor the rules of procedure of the parliament does not specifies the scope of EU documents to be forwarded by the executive to the parliament and/or to the EAC. The only thing is, that the government has to laid the prepared national position before the EAC for approval.

 

Taking national position

The Ministry of Foreign Affairs has a vital role in timely supply of information on the most important pieces of EU draft legislation. Its EU coordination department has prepared an overview on the pieces of EU draft legislation significant for Latvia. The Ministry of Foreign Affairs reminds the line ministries to prepare its primary positions according to this overview.

The line ministry has to prepare its primary position as soon as the European Commission has submitted a new proposal to The Council of the European Union and the European Parliament. The issue is discussed in the meeting of an interinstitutional working group summoned up by the ministry. The line minister approves the primary position, and it has to be ready before the particular issue is discussed in the working group of the Council in Brussels.

            In the meetings of the Permanent Representatives Committee or COREPER, which is the next level for discussion of EU matters, the interests of Latvia have to be defended following the priorities of the primary position, as well. The particular ministry and the Ministry of Foreign Affairs work out an instruction for Latvia’s representative in the meeting of COREPER in compliance with these priorities.

            The particular line ministry has to prepare Latvia’s national position before the issue is discussed in the highest level, which is the meeting of the European Council. Then the ministry has to submit the position for approval of the government, which also appoints the representative of Latvia (usually- the responsible minister) for the following meeting of The Council of Ministers. Under The Rules of Procedure of the parliament, the national position has to be reviewed and approved by the European Affairs Committee. The government is obliged to present its positions to EAC before going to Council negotiations in order to get mandate to defend Latvia’s position in the Council of the European Union. Accordingly, the EAC examines the official positions of Latvia prepared in accordance with the procedure set by the Cabinet of Ministers and rules on them, before they are communicated to European Union institutions. In addition, the EAC may forward the official positions of Latvia and EU-related legislative initiatives, as well as other documents of EU institutions to other committees of the parliament to be examined and commented upon.[51]  

 

Ongoing and post-information responsibility of the government

According to the rules of procedure of the parliament, at least once in six months the prime minister or other member of the Cabinet of Ministers reports to the parliament on the government’s performance and its planned future activities pertaining to EU affairs. This report may be followed by a debate. 

 

Lithuania

 

            The relationship between the parliament (Seimas – Lithuania has an unicameral parliamentary system) and the government in European affairs basically is laid down in the Constitutional Act on Membership of the Republic of Lithuania in the European Union[52] and detailed in the rules of procedure of the parliament (Seimas of the Republic of Lithuania – Statute).[53] In the Statute the cooperation between the two authorities is elaborated in a very good manner and it has well and carefully thought-out paragraphs connected to the relationship in EU matters. And in the Law on the Government[54] there is further specified the responsibility of the executive on debate and resolution of European Union matters.

 

            The constitutional act defines the responsibilities of the government mainly. As provided in the constitutional act – besides the delegation of part of the state’s soverignity to the European Union – the government informs the parliament about the proposals to adopt legal acts of the European Union. If the proposals fall under the spheres which – under the constitution of the republic – are related to the competencies of the parliament, the government consults the legislative. The parliament may recommend to the government a position of the Republic of Lithuania in respect of these proposals. The two specialised committee (European Affairs Committee, Foreign Affairs Committee) may submit to the government the opinion of the parliament concerning the proposals concerning the adoption of legal acts of the EU. The government assesses these recommendations or opinions and informs the parliament about the enforcement following the procedure prescribed by legal acts. In addition, the government considers the proposals relating to the adoption of the legal acts of the EU following the procedure prescribed by legal acts. The government may adopt decisions or resolutions concerning those proposals.

 

Principles of the involvement of the parliament in the European decision making in Lithuania:

• The parliament regularly receives early information on EU matters
• The parliament powers cover most issues debated in the EU
• All parliament members participate in deliberations on EU matters (in competent specialised committees)
• The parliament not only deliberates the national position, but is also involved in shaping it
• The Parliament seeks broad consensus while shaping Lithuania’s position on EU matters
• The parliament scrutinises the government while adopting decisions in the EU as well as implementing them in Lithuania. 

 

In the process of examination EU issues participate the standing committees of the parliament and particularly two standing committees, the Committee on European Affairs and the Committee on Foreign Affairs.

The parliamentary scrutiny work is specified in the Statute of the parliament under the chapter Debate and Resolution of European Union Matters.[55] The rules of procedure in 13 points defines the trends and activities of the Committee on European Affairs[56] but more precisely – in view of the scrutiny – is specified within the scrutiny mechanism of the parliament:

• The Committee on European Affairs debates European Union matters which are within the framework of the parliament competence and if necessary, make decisions on behalf of the parliament
• The Committee debates whether proposals to adopt legal acts of the European Union conform to the principle of subsidiarity
• Examines other documents of the European Union and, when necessary, present conclusions regarding such documents
• Considers proposals to adopt legal acts of the European Union and, when necessary, express the parliament’s opinion to the government
• Considers government addresses sent to the parliament at its own discretion and, when necessary, present conclusions on them
• Joint meetings of the Committee on European Affairs and the Committee on Foreign Affairs is convened, if necessary.

 

The timing and scope of information

The government informs the parliament about proposals to adopt legal acts of the European Union and other documents of the EU. The government forwards these documents immediately and in writing or through the Lithuanian-EU legislative information system. Having decided to prepare a position on a proposal to adopt legislative acts of the EU or on other documents of the European Union pertaining to the spheres which under the constitution of Lithuania fall within the competence of the parliament (it will be necessary to pass a law), it draws attention of the parliament to this fact and does it as soon as possible by presenting the position of Lithuania. In addition, the committees of the parliament and other members may at any time request the government to present additional information about the proposals and other documents of the EU. Furthermore: in January 2002 the parliament established its office in the European Parliament. Its representative on a regular basis informs the parliament, its committees, political groups, and the Seimas Board about the activities of the European Parliament, especially about the debate on very relevant and relevant to Lithuania proposals to adopt EU legal acts, as well as on other documents of the European Union in the European Parliament.

 

Taking national position

After the receipt on an annual legislative and work programme of the European Commission, the secretariat of the parliament forwards it to the committees which within one month debate it and submit their reasoned conclusions regarding the relevance to Lithuania of the proposals presented in this programme to the Committee on European Affairs (CEA) and the Committee on Foreign Affairs (CFA). The committees (not CEA or CFA) assign the proposals to one of the following categories: very relevant, relevant and moderately relevant. The CEA and the CFA summarise the conclusions of the committees of the parliament and communicate to the government. The CEA and the CFA may assign further documents to the categories very relevant or relevant. The government draws the attention of the parliament to very relevant and relevant proposals and may propose to the CEA or the CFA to change the assignment of the proposals to the categories defined above. In addition, the government may propose to the CEA or the CFA to assign further documents to the first two categories.

 

An institution (authorized by the government) responsible for the preparation of a Lithuanian position submits it to the parliament right after its preparation, not later than 3 days prior to the debate on the position at the EU institutions.[57] The position contains:

1. Title and number of a draft legal act,
2. Opinion on its conformity with the principle of subsidiarity,
3. The essence of a draft legal act and the process of its consideration,
4. Present legal regulation in Lithuania,
5. Basic evaluation of impact,
6. Proposed position and the process of its consideration,
7. Positions of other EU member states,
8. Proposals concerning the amendment of national legal acts,
9. Enclosed additional information,
10. Drafter of a position,
11. Head of the subdivision of the institution responsible for the preparation of the position.

The institution responsible for very relevant and relevant proposals, within 15 days from the receipt of the proposal submits to the parliament a position with filled-in points 1, 2, 3, 9, 10 and 11. The position is registered by the secretariat of the parliament plenary sittings and forwarded to the specialised committee of the parliament, the CEA or the CFA. The specialised committee, the CEA, the CFA may hold readings concerning to proposals and concerning the position (in this case the reading of the specialised committee is closed).

 

Procedure of the examination

The specialised committee members, the government and the office of the president of Lithuania is informed no later than 2 working days prior to the committee meeting about the venue of the debate on a position. During the debate, the following is decided:

·        To approve of the position

·        To propose amendments and corrections of the position.

Following the debate the conclusion (with all separate opinions[58]) is forwarded to the chairman of the CEA and/or to the chairman of the CFA within 1 working day before the meeting in these committees as well as to the head of the institution responsible for the preparation of the position. The position may be debated in the committee meeting without the conclusions of the specialised committee.

The position is debated in the CEA or the CFA meeting in the following manner:

1. The prime minister or the minister presents the position and answers the questions of the committee members,
2. The presiding officer of the meeting presents the conclusions of the specialised committee,
3. General discussion regarding the essential provisions of the position.

The CEA or the CFA may communicate the opinion of the parliament on the proposals to the prime minister and the ministers. Having decided to prepare the position of Lithuania on the proposal of the European Union or other documents of the EU, the government may at its own discretion address the parliament, requesting to submit conclusions or proposals with regard to the position.

Following the discussion it is decided whether the committee expresses its opinion about the said position on behalf of the parliament.

The CEA or the CFA may obligate the minister to express the parliamentary reservation with regard to the issues marked as very relevant or relevant.

If the CEA, the CFA or the specialised committee does not submit proposals concerning the position within 15 working days from the communication of the position in the information system, but no later than 3 working days before the submission of the position in the meetings of the Council of the European Union, its working groups or committees, it is deemed that the parliament assents to the position.

In general, the committee meetings are closed. The committee decisions are taken by common agreement, in the event of failure to take a decision by common agreement, such decision is put to the vote (by a simple majority).

 

Ongoing and post-information responsibility of the government

According to the Statute, the prime minister, the minister, other representatives of the government submit in the meeting of the CEA or the CFA oral and written reports about the participation in the negotiations of the European Council and the Council of the European Union. On very important issues relating to the European Union, the members of the government may – on the proposal of the chairman of the parliament, the CEA or the CFA – report about the participation in the sittings of the European Council and the Council of the European Union during the plenary sitting. 

 

 

Malta

 

            The relationship between the Maltese parliament and the government is laid down in the so called European Union Act[59] and in the standing orders of the house of representatives. The European Union Act specifies that a resolution for the approval of any draft shall be submitted for examination by the standing committee on foreign affairs or any such standing committee which shall meet on such motion within fifteen days of the tabling of the said motion within which term a report shall be made to the house on such motion and the debate thereon in the committee by the chairman. The house shall, upon the presentation of the report of the standing committee proceed immediately to vote on the motion without debate.

The responsible standing committee in the parliament is the Standing Committee on Foreign and European Affairs. This committee is set up in October, 2003., by way of Motion 67 (2003) had amended the setting up of The Committee on Foreign Affairs to setting up The Committee on Foreign and European Affairs.

According to the chapter 120F of the standing orders of the house of representatives, the committee has the following functions:

·        To deal with matters relating to foreign and European Union affairs which may be referred to it by the House or by the Standing Committee on House Business

·        In the context of European Union issues and measures to be taken by the Council of Ministers, to scrutinize on its own initiative –

-         any proposals under the Community treaties for legislation by the Council or the Council acting jointly with the European Parliament

-         any document which is published for submission to the European Council, the Council or the European Central Bank

-         any proposal for a common strategy, a joint action or a common position under Title V of the Treaty on European Union which is prepared for submission to the Council or to the European Council

-         any proposal for a common position, framework, decision or a convention under Title VI of the Treaty on European Union which is prepared for submission to the Council

-         any other document which is published by one Union institution and which does not relate exclusively to the consideration of any proposal for legislation

-         any other document relating to European Union matters placed on the table of the House by any minister

·        to represent the house of representatives at the COSAC.

 

            The scrutiny process adopted by the Maltese parliament is closely modelled on the scrutiny system of the United Kingdom. The Maltese parliament studied the Danish system too, but according to the opinion of the parliament, the Danish system, in contrast with the UK model, concentrates on Council meetings rather than documents. Consequently, the Maltese mechanism is document-based and there are working groups within the committee which help the work of the committee.

 

The timing and scope of information by the government

As mentioned above, the scrutiny process in the House of Commons is document-based and includes all proposals or recommendations for legislation by the Council, and any document submitted by one institution to another, thus bringing in Commission Green and White Papers, reports, EP amendments, Council Decisions and Recommendations. It also includes intergovernmental activity under the Common and Foreign Security Policy and on Justice and Home Affairs.

Documents are received by the Cabinet Office of the Maltese government and are distributed to the relevant ministry to prepare an explanatory memorandum. The lead ministry has two weeks (10 working days) to prepare an explanatory memorandum. Once prepared, these are forwarded directly to the Standing Committee on Foreign and European Affairs.

 

Taking national position

Draft EU documents are scrutinized and filtered by Working Group I (Scrutiny Committee) of the standing committee. Research analysts prepare a report on all documents received irrespective of their perceived legal or political importance. An opinion whether to clear a document or refer it for debate is included in the conclusion. The Working Group I, which examines the acquis in preliminary scrutiny, may either

• clear a particular document without reserve
• retain pending receipt of further information or developments
• refer the document to Working Group II[60], or III[61], or to the Social Affairs Committee (SAC)
• refer to the floor of the House

Once a document is referred to Working Group II or III or the SAC, the chairman of the respective Working Group has a right to call a meeting which the minister responsible for the document is expected to attend so as to answer any queries the committee may have on the particular document or any other document that falls under its scrutiny. The minister is encouraged to bring along experts from his ministry when attending such meetings. As soon as the documents have been cleared, the chairman of the standing committee tables all the documents in parliament and thus are made publicly available. This is further indication of the transparency of the committee’s work.

After the meeting of the relevant Working Group, the chairman, on the basis of the discussion / consultation within the Working Group, declares either that:

• a document is Cleared. That is to say, the members of the Working Group are of the opinion that the queries or clarifications sought by the committee were satisfactorily answered and that, consequently, there is no scope for further discussion / consultation relating that particular document. This means that the committee has finished considering that document.
• Alternatively, the committee may decide to retain a parliamentary scrutiny reservation.

The registration of a parliamentary scrutiny reservation obliges the minister to:

-         provide supplementary explanatory memoranda

-         keep the committee continually informed of any developments

-         and answer any queries that may arise in connection with the document under study.

The parliamentary scrutiny reservation also constrains ministers from giving agreement to proposals or recommendations for European Community legislation or major decisions under the Common Foreign and Security Policy or in intergovernmental cooperation on justice and home affairs, which the Standing Committee on Foreign and European Affairs has not cleared except for “special reasons”.

After every meeting of the responsible Working Group a letter in respect of each document cleared is sent to the lead minister informing him of the committee’s recommendations. This happens also when a scrutiny reserve resolution is retained in one of the Working Groups.

It is strongly recommended that, while negotiating, the minister takes into account the committee’s recommendations relating to a particular document.

In 2004 in the committee all decisions were taken by consensus without the need for a vote to be taken on any issue.

 

Ongoing and post-information responsibility of the government

As it mentioned above, the parliamentary scrutiny reservation constrains ministers from giving agreement to proposals or recommendations for European Community legislation or major decisions on the second and third pillars except for special reasons. But the minister must explain those reasons to the Scrutiny Committee at the first opportunity after deciding to give agreement.

The introduction of pre-and post-Council scrutiny, the control of the effectiveness of the work of the committee and which will also help to ensure that all relevant documents are being deposited for scrutiny and dealt with as appropriate.

 

 

Poland

 

            The Republic of Poland has a bicameral parliamentary system. The chamber of deputies (Sejm[62]) and the Senat[63] and each chamber has its own committee for European affairs.

            According to the constitution of the state (1997), it vests legislative power in the Sejm and the Senate, executive power in the President and the Council of Ministers, and judicial power - in courts and tribunals. Thus the Sejm shares its legislative function with the Senate; simultaneously, it is part of the governmental system in Poland. The legislative competence of both Chambers is not symmetrical. The Constitution provides the Sejm with a dominant role in the legislative process. The inequality of the two Chambers of the Polish parliament is also expressed in the fact that only the Sejm is vested with the right to control the Council of Ministers. The Sejm and the Senate, sitting jointly in the instances provided for in the Constitution, act as the National Assembly.

 

            The constitution defines the delegation of competence to European Union level. Accordingly, Poland may by virtue of international agreements, delegate to an international organization or international institution the competence of organs of state authority in relation to certain matters. The statute, granting consent for ratification a such agreement is passed by the chamber of deputies by a two-thirds majority vote, and by the senate by a two-thirds majority vote.[64]

The cooperation between the government and the parliament in European issues is laid down by an act[65] that specifies the responsibilities of the government towards the chambers. In addition the two chambers defines the powers and responsibilities of the European Union committees in their rules of procedure.

 

The cooperation between the government and the parliament

The timing and scope of information by the government

According to the above mentioned act, the council of ministers transfers to the parliament documents of the European Union which are subject to consultation with member states, including in particular White and Green Papers and Communications of the European Commission and the appraisals thereof formulated by appropriate institutions of the European Union. Furthermore, the government forwards operational programmes of activities of the Council of European Union, the European Commission’s annual legislative plans and appraisals of annual legislative plans made by the European Parliament and the Council of European Union. The council of ministers transfers the draft legislative acts such as the following documents:

• Draft international agreements to which the European Union or the member states are to be the parties
• Draft decisions by representatives of the governments of the member states, gathered in the Council of the European Union
• Draft acts of the European Union, which have no legal effect, particularly proposals for guidelines adopted in the sphere of economic and monetary union and in that of employment
• European Union acts important to the interpretation or application of the European Union law.

These documents the government forwards to the chambers of the parliament immediately after their receipt.

 

Taking national position

Together with the legislative proposals of the European Union, the government sends the council of minister’s draft positions, taking into account the time limits arising from European Union law, but no later than the 14^th day following the day of receipt of proposals. To this document the council of ministers appends the statement of reasons, including an appraisal of anticipated legal consequences of the legislative act for Polish legal system and of social and economic and financial implications for Poland. In addition the government attaches the information about the procedure for adoption of the legislative act and the procedure for vote in the bodies of the European Union. The Sejm and the Senate (through their competent body) may express opinion on draft legislative proposals within 21 days of the day of transfer of the draft position of the council of ministers. If the time limit specified by the European Commission for expressing an opinion is shorter than 42 days, the council of ministers presents immediately a legislative proposal together with the government’s draft position, so that the period available to the bodies of the parliament for expressing their opinion would, at least, be equal to a two/thirds of the period specified by the European Commission for the member states. The failure to express an opinion within the time limit is considered as the absence of comments to the proposal.

If the Sejm has taken a decision on a draft legislative act, such decision constitutes a basis for the position of the council of ministers.

Prior to consideration of a legislative proposal in the Council of European Union, the council of ministers gets an opinion from the chamber of deputies (through the competent body) at the same time presenting information about the position the council of ministers intends to take during the negotiation of the legislative proposal in the Council of the European Union.

If the position of the government does not comply with the opinion of the Sejm, a representative of the council of ministers is obliged to explain to the Sejm (the competent body) the reasons for such difference.

For reasons of work of the bodies of the European Union, with the exception of matters in which the Council acts unanimously and matters that entail excessive burdens on the state budget, the government may take a position without seeking an opinion from the parliament. In such case, a representative of the council of ministers is obliged to present to the Sejm (the competent body) the position taken and to explain the reasons for failure to seek an opinion.

 

Ongoing and post-information responsibility of the government

The government informs both chambers in writing about the progress achieved in the process of making EU law and the positions taken by the council of ministers during this process.

At the request of the chambers of the parliament or their competent bodies, the council of ministers presents information on any matter related to Poland’s membership in the European Union. In addition, the council of ministers, at least every six months presents information about the participation of the state in the activities of the European Union.

 

Special definitions of the chamber of deputies in connection with EU matters

 

The rules of procedure of the Sejm specifies the responsibilities of its own standing European committee, the European Union Affairs Committee.[66] The rules of procedure defines in detail the composition of the committee and afterwards its work in connection with making opinion on the draft legislative acts of the European Union.

According to the rules of procedure, the marshal of the chamber forwards to the committee the following documents:

• Documents of the European Union, which are subject to consultation with member states, and their appraisal by appropriate institutions or other EU bodies
• Operational programmes of activities of the Council of European Union, the European Commission’s annual legislative plans and appraisals made by the European Parliament and the Council of European Union
• European Union’s legislative proposals
• Information from the council of ministers about the progress in proceedings aimed at making EU legislation, and about the positions taken by representatives of the council of ministers in the course of those proceedings
• Information from the council of ministers about the position that the government intends to take during the consideration of in the Council of European Union, together with the statement of the government’s reasons, and also with the evaluation of legal consequences of a given legislative act for the Polish system of law and of social and economic consequences and financial implications for Poland
• Draft international agreements to which the European Union or the member states are to be parties
• Draft decisions by representatives of the governments of the member states, gathered in the Council of the European Union
• Draft acts of the European Union which have no legal effect
• European Union acts important to the interpretation or application of the European Union law
• Proposals for candidatures for seats of a member of the European Commission, Court of Auditors, judges of the European Court of Justice and the Court of First Instance, members of the Economic and Social Committee, the Committee of the Regions, a director in the European Investment Bank, directors general and their deputies in the European Commission and a representative of Poland to the Committee of Permanent Representatives of the European Union
• Information from the council of ministers about the participation of Poland in the work of the European Union
• Other documents related to the subject matter of the activity of the European Union Affairs Committee.

The marshal of the Sejm forwards these documents to the committee immediately after their receipt. The marshal establishes the schedule of the Sejm work on documents of the European Union, which are subject to consultation with member states; legislative proposals of the European Union; information from the council of ministers about the positions the council of the ministers intends to take during the negotiations of the proposal in the Council of European Union and finally proposals of candidatures in those European Union bodies in which Poland is represented.

Concerned taking national position, the committee may adopt an opinion on the information from the council of ministers about the position the council of ministers intends to take during the consideration of the proposal in the Council of European Union. The opinion includes the committee’s position on the matter, expressed in the form of either acceptance or non-acceptance of the position of the government. In such an opinion, the committee may formulate recommendations to the council of ministers.

 

Special definitions of the Senate in connection with EU matters

As the chamber of deputies has its own committee for European matters, the Senate established its committee too, namely the European Union Affairs Committee (EUAC). The rules of procedure specifies its responsibilities.[67]

Accordingly, the marshal of the senate forwards to the EUAC all documents submitted in matters concerning the membership of Poland in the European Union.

The opportunities for the EUAC: to endorse a position on a draft legislative proposal or to turn to another committee for a opinion on the matter deliberated at its sitting. The EUAC may request the council of ministers to present to the senate information on matters concerning the membership of Poland in the European Union. And, upon a motion by the EUAC, the marshal of the senate adds to the agenda the relevant council of minister’s information in a matter concerning the membership of Poland in the European Union.[68] The EUAC – concerning the membership of Poland in the European Union, particularly assumes positions and expresses opinions on draft legal acts of the EU or draft international agreements to which the EU or its member states may be party, as well as work programmes of the European Commission, and examines information and other documents submitted by the council of ministers.[69] During the examination a bill which implements the law of the EU, the appropriate committee may ask the EUAC to express an opinion relative to the whole bill or a part thereof. After considering the bill, the committees propose within no longer than 18 days, and in the case of urgent bills and those implementing the law of the EU – by deadline set by the marshal of the senate, a draft senate resolution on the bill passed by the chamber of deputies, in which they recommend:

• To accept a bill without amendments, or
• Enter amendments into its text, or
• Reject the bill.

A resolution on an act passed by the chamber of deputies is passed by the senate within 30 days of the date of its transmittal.[70]

 

 

Slovakia

 

The National Council[71] of the Slovak Republic is the sole constitutional and legislative body of the Slovak Republic. It is the body of state authority and the status of other state bodies in Slovakia is derived from its primary status. As an elected body it represents the sovereignty of the state and of the citizens. It has an important role in the formation of the Slovak Republic as a modern and democratic state, as well as in the implementation of social and ecologically oriented market economy. Members of the parliament are elected by universal, equal and direct suffrage by secret ballot. There are 150 Members of Parliament elected for a four-year term. Powers of the National Council are determined by its constitutional status within the system of exercise of power. It is divided into

·             Legislative power

·             Power of scrutiny

·             Power to create state bodies

·             Domestic and foreign policy powers

National Council also discharges its power through elections, which is assigned to it by respective laws.

 

From the view of the paper, we may have a look, how the legislature process and the scrutiny works in the Slovak Republic.

The legislative power: The National Council considers and approves the Constitution, constitutional statutes and other laws and it controls their upholding. Its legal acts regulate relationships that arise in all spheres of social, political and economic life of the Slovak Republic. Draft laws may be introduced by committees, members of parliament and the government. The legislative process in the Parliament is carried out in three readings.

 

The power of control:  The Parliament exercises its power of control primarily towards the Slovak Government and its members. It endorses the Programme Proclamation of the Slovak Government, which is a pre-requisite of its continuing operation, and supervises its implementation, approves state budget and final state budgetary account, including control reports and discusses the expression of confidence in the cabinet or its members.

 

The relationship between the National Council and the government in European Union affairs

In Slovakia there is adopted a constitutional law on the cooperation between the National Council and the government in European issues.[72]

 

The timing and scope of information by the government

According to the Act, the government provides the National Council with proposals of legally binding and other acts of the European Union as well as to inform it on all issues concerning the state’s membership of the European Union. Besides that the government is due to provide the National Council sufficiently in advance the national standpoint on the proposals of acts forwarded before with an assessment of their effects on the state.

 

Taking national position

The National Council may authorize by law its committee to exercise the powers on the issues connected to the European Union. This committee is the Committee on European Affairs of the National Council. (The Rules of Procedure regulating the position and powers of the EU committee failed to be adopted in November. The new draft law was submitted and it is expected to be debated in the parliament during January and February plenary session.) According to the constitutional act, the National Council has the power to approve the positions of the republic concerning the proposals of legally binding acts and other acts of the European Union as well as other issues of the European Union if asked by the government or by at least one fifth of the members of the National Council.

The National Council provides its own recommendation within two weeks of the receipt of the draft legislative proposal, if fails to do it in this interval or if the National Council fails to adopt an approval while at the same time not proposing and adopting any other position on the matter, the member of the government acts on the original position of the republic.

The approved national position is binding for the member of the government during the negotiations in the Council of Ministers.

The newly prepared act: according to the information received by Eva Kicinová, the director of Department for European Affairs, the Committee on European Union will have strong position such as it will be enabled by the act to approve the mandate (the position of the Slovak Republic) with which the respective minister of the government advocates the interests of the Slovak Republic in the Council of Ministers. The government will also be obliged to send to the parliament the so called preparatory position to draft EU legislation within the period of three weeks after it is being sent by the Council.

 

Ongoing and post-information responsibility of the government

The member of the government may divert from the national position during the negotiations in the Council of Ministers but only in an inevitable instance and with due consideration for the interest of the Slovak Republic. In this case the minister or the authorized member of the government without delay informs the National Council of his/her action and explain the reasons for it. The member of the government may ask the National Council to alter the national position.

The government also has to forward annual reports to the parliament – based on them the National Council at least once a year discusses the issues relating to Slovak Republic’s membership of the European Union and approves its recommendations for the government to follow in the forthcoming period.

                         

 

Slovenia

 

 

The Slovene constitutional system is based on the parliamentary form of government. This originates in the separation of legislative, executive and judicial powers. The Slovenian parliament consists of two chambers: the National Assembly[73] of the Republic of Slovenia and the National Council.[74]

The National Assembly has a scrutiny and electoral functions and is the bearer of legislative power and the government is accountable to the National Assembly for its work and enjoys support in the National Assembly reflected in the votes of confidence, votes of no confidence or interpellations. The National Assembly was also a decisive player in the negotiations for Slovenia’s accession to the European Union – in fact, every negotiating position presented by the government had to be confirmed by the parliamentary committee on Foreign Policy.

The National Council is, in accordance with the constitution, the representative of social, economic, professional and local interest groups. The influence of political parties is weaker within the National Council. Parties can only become involved in the election of representatives of the local interest groups. The upper house does not have equal competences with the lower chamber but instead has less authority, yet it enjoys certain competences that some of the more powerful upper chambers in Europe do not have at their disposition.

 

The relationship between the government and the parliament (The National Assembly) firstly, is laid down in the new article 3a [European Union] of the constitution which also defines the transfer of part of the state’s sovereign rights to the European Union and its institutions. For the cooperation between the parliament and the government in the conditions of EU membership the abovementioned article specifies that in the procedures for the adoption of legal acts and decisions, the government shall promptly inform the National Assembly of proposals for such acts and decisions as well as of its own activities. The National Assembly may adopt positions thereon which the government shall take into consideration in its activities.[75] 

According to the constitution the relationship between the government and the National Assembly is regulated in detail by a law adopted by a two-thirds majority vote of deputies present. The manner of the cooperation is defined by the Act on Cooperation between the National Assembly and the Government in EU Affairs.

The act provides that the National Assembly shall participate in the formulation of positions of the state in relation to those EU affairs that given their subject matter would come under its jurisdiction in accordance with the constitution and laws. These EU affairs shall be discussed and the positions of Slovenia thereon taken by the working body competent for European affairs (Committee on EU Affairs), while the affairs concerning foreign and security policy shall be discussed and the positions thereon taken by the working body competent for foreign policy (Committee on Foreign Policy).

 

Timing and scope of information by the government

The government promptly forwards to the national assembly the EU affairs that given subject matter would come under its jurisdiction together with the following information:

·        The procedure for the adoption of the act in the EU

·        The basic solutions and objectives of the draft act

·        The expected date of the beginning of discussion and adoption of the regulation in the EU

The government forwards also the standpoint of the government concerning to the EU matter including an assessment of the impacts and implications of the draft EU affair for Slovenia. The document is forwarded to the national assembly no later than within five weeks from receiving the EU affair. The assessment of the impacts and implications compromises the following aspects:

·        The necessity of amending the regulations

·        The implications for the budget

·        The impact on the economy

·        The impact on public administration

·        The impact on the environment.

The government informs the national assembly also of other documents that are relevant for the exercise of its constitutional powers and concern the political and programme aspects of the activity of the European Union.

 

Taking national position

As a general rule, the Committee on EU Affairs and the Committee on Foreign Policy, when deciding on EU affairs, take decisions on the basis of the opinions delivered by the specialized parliamentary committees. The recommendation must be immediately forwarded to the government which takes them into account in its work in EU institutions. The government also has regulation in its Rules of Procedure on formulation of positions on legislative proposals of the European Union.[76] Accordingly, the government debates positions on legislative acts of the European Union whose implementation falls within the responsibility of the government or the national assembly, or for which any member of the government proposes debate. The standpoint of the relevant ministry or government service is published on the central national portal (EU portal).[77] The material shall be deemed to be the official position if after three days have passed since its publication on the EU portal no comments have been made on the material and no member of the government has opposed the published material or requested a debate at a session of the government or a session of one of its working bodies.[78] The government then passes on for discussion by the national assembly, with the exception of issues relating to the EU’s common foreign and security policy, and taking part in the debate on these materials.

The act provides that EU affairs may also be discussed at plenary sessions. Accordingly, at the request of one quarter of the deputies or at the request of the competent working body or the working body responsible for foreign policy, or if so decided by the bureau of the president of the national assembly an EU affair may be discussed and the positions of Slovenia thereon taken by the national assembly. Furthermore, the national assembly holds a debate and takes a position prior to deciding on the amendment to EU Treaties.

 

Ongoing and post-information responsibility of the government

If the government decides to act differently, that the enforcement would not be possible or in favour of Slovenia, has to immediately inform the national assembly and state the circumstances and reasons that have led to such decision.

At least once a year the national assembly holds a debate on the state of affairs in the EU and on the position of Slovenia therein on the basis of an introductory presentation given by the president of the government.

 

 

The National Council and the European Union

The Slovenian national council has its own institute connected to European Union issues: the International Relations and European Affairs Commission. This commission drafts requests, proposals and opinions regarding the statutes and other acts being debated by the national council relating to the following areas:

·        Political, economic, cultural and other relations with other countries and international organizations

·        Protection of the interests of the state, its citizens and legal entities abroad

·        Position of the Slovene minorities in Italy, Austria and Hungary and the position of Slovenes abroad

·        External economic relations

·        Before becoming a member state: monitoring the programme of Slovenia’s accession to the European Union

·        Co-operation with foreign parliamentary institutions

The commission debates initiatives and questions by national council members pertaining to matters the commission is dealing with and other matters as authorized by the national council.

 

 

Conclusion

 

The key element for the developing of the role of national parliaments in the European decision-making on the European level is certainly the Constitution of Europe. On national level there is a need for an ongoing monitoring procedure of the parliamentary scrutiny system above the government. The possibility of parliamentary involvement in the state’s EU affairs depends on certain aspects. Firstly, there is a power of willingness of the parliament and its main body, the European Affairs Committee to do so. Is there a possibility in the future in the European Union to establish a so called second chamber, where the national parliaments would have take a seat? Should be strengthened the power of the COSAC (to have a greater role) or is it possible to make joint committees with the European Parliament?   Secondly, how can the executive and the legislative cooperate with each other in European issues: how strong is the model of the control above the government? Do the responsibility committees work with the early warning system, do they use the parliamentary reservation procedure or do they mandate their governments? How are they interested in EU affairs? And: would have the parliament right to nominate the member(s) of the European Commission?

To answer these questions, there is a need to make studies of the parliaments in the EU-25. Because the legislative powers differ from each other in their political power, in coordination and compatibility and in their political tradition and culture. There is a general agreement to make the parliaments play a greater role in the EU that would lead to the correct or decrease of parliamentary deficit, but there does not exist a uniform agreement, how can they do that, how they can be involved on EU level. The task for the parliaments is a wish to have greater role in EU matters in national level through their European Affairs Committees, to increase their power in the decision-making in the institutions of the European Union.

 

 

 

 

 

 

Member State	Name of the parliament	Name of the body for European issues
Cyprus	House of Representatives (ΒΟΥΛΗ ΤΩΝ ΑΝΤΙΠΡΟΣΩΠΩΝ) http://www.parliament.cy/www_START/index.asp	Committee on European Affairs
Czech Republic	Chamber of Deputies (Poslanecká Sněmovna) http://www.psp.cz	Committee for European Affairs
	Senat (Senát) http://www.senat.cz	Committee on EU Affairs
Estonia	Parliament of the Republic of Estonia (Riigikogu) http://www.riigikogu.ee	European Union Affairs Committee
Hungary	National Assembly (Országgyűlés) http://www.mkogy.hu	Committee on European Affairs
Latvia	Latvian Parliament (Latvijas Republikas Saeima) http://www.saeima.lv	European Affairs Committee
Lithuania	Seimas of the Republic of Lithuania (Lietuvos Respublikos Seimas) http://www.lrs.lt	Committee on European Affairs
Malta	House of Representatives http://www.parliament.magnet.mt	Standing Committee on Foreign and European Affairs
Poland	Sejm of the Republic of Poland (Sejm Rzeczypospolitej Polskiej) http://www.sejm.gov.pl	European Committee
	Senate of the Republic of Poland (Senat Rzeczypospolitej Polskiej) http://www.senat.gov.pl	European Union Affairs Committee
Slovakia	National Council of the Slovak Republic (Národná Rada Slovenskej Republiky) http://www.nrsr.sk	Committee for European Affairs
Slovenia	National Assembly (Državni Zbor) http://www.dz-rs.si	Committee on EU Affairs
	Conseil national (Državni Svet) http://www.ds-rs.si	International Relations and European Affairs Commission

Parliaments and working bodies for European affairs of the new member states of the EU