EU Reform Treaty: Update (3)
In connection to my previous post on the general passerelle, I would like to draw the attention to another important aspect of the Reform Treaty. For this purpose, let us have a look at the pertinent provisions of proposed Article 33 of the amended Treaty on European Union (TEU) regulating the general passerelle (emphasis added):
Article 33
[...]
Simplified revision procedures
2. The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the Union on the internal policies of the Union. The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not come into force until it has been approved by the Member States in accordance with their respective constitutional requirements. The decision referred to in the second subparagraph may not increase the competences conferred on the Union in the Treaties.
3. Where the Treaty on the Functioning of the Union or Title V of this Treaty provide for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.
Where the Treaty on the Functioning of the Union provides for legislative acts to be adopted by the Council according to a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.
Any initiative taken by the European Council on the basis of the first or second subparagraph shall be notified to the national Parliaments of the Member States. If a national Parliament makes known its opposition within six months of the date of such notification, the European decision referred to in the first or second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision. For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
Thus, the above-cited provision allows national parliaments to veto any simplification decision made by the European Council. This decisive role that the general passerelle accords to national parliaments is worth discussing. The increased involvement of national parliaments in community activities is one important goal of the Reform Treaty. Measures to foster such involvement are specifically laid down by the new Protocol n. 1 to the TFEU and TEU [pdf., in English].
I find such direct involvement of the national parliaments in EU decisions is an important way to remedy the perceived remoteness of the EU [see previous post], yet I would like to postulate two conditions for success:
- The spirit of community and integration has to penetrate national parliaments of the member states in order not to risk further logjam.
- Increasing the involvement of national parliaments is an important first step, but it should not be the last. Further steps are needed to make the EU more accessible to its ultimate constituents, i.e. the citizens of the member states. Thus, more exchange and cooperation on the regional/local level among member states and between members and the EU would be desirable. Similarly, on the individual level, stronger efforts are needed to educate citizens in general as well as specific interest groups on EU activities.
For further reading on this issue from a regional perspective, please refer to the opinion "Relaunching the process of reforming the European Union in anticipation of the European Council of 21 and 22 June 2007" by the Committee of the Regions.
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