Lisbon – Increasing the role of National Parliaments

Arguments about democratic deficit within the European Union are always a tad odd, as those who frequently bleat most about democracy, are also those who are most attached to notions of sovereignty. It is a difficult balance to maintain, as increased democracy at a European level (say the election of the president of the European Commission) will generally result in a diminution of national sovereignty (in a democratic European vote, Ireland’s voice will always be weak). A way around this, is largely seen by giving national parliaments an increased role in the European system of governance.

Up until now, National Parliaments have a very limited role in European Affairs. Theoretically, parliaments should be strongly influential, as each national government is accountable to their respective parliaments. However, to date the role of national parliaments in European affairs has largely been a result of domestic forces. For example, in Denmark their parliament, through their European Affairs committee, has had a strong role in the nature of Danish participation in Europe. At the other end of the extreme, the other two members who joined the then EC with Denmark, Ireland and Britain have not – until recently – given much prominence to national parliaments.

Since the early 1990s, there has been an acceptance that it is desirable to increase the direct role of national parliaments within the European Union. We don’t vote for our government, but we do for our parliamentarians, and it is only right and proper that these sentinels of the people have a strong role within the European system of governance. After all, roughly half of each parliament is in opposition, and therefore their views are not included in European decision making. As such, with Maastricht, Amsterdam and Nice, there were small steps in providing rhetorical and actual support to national parliaments in this system of governance. However, with Lisbon a number of large steps are taken, steps which I believe will positively impact our perception of the democratic responsiveness of the EU.

The main change Lisbon brings through, is the role of national parliaments in enforcing subsidiarity. Subsidiarity is an important, but all too often ignored concept, which believes political power is best exercised at the lowest level that it can be efficiently and effectively done. In the context of Europe, it is that the European Union should look after matters which are most efficiently and effectively dealt with at a supra-national level , while national parliaments (and ideally regional parliaments) should deal with those matters which are more efficiently dealt with at a national level. Under Lisbon, the following system will be in play (explanation below from here);

• “if one third of national parliaments consider that the proposal is not in line with subsidiarity, the Commission will have to re-examine it and decide whether to maintain, adjust or withdraw it
• if a majority of national parliaments agrees with the objection but the Commission decides to maintain its proposal anyway, the Commission will have to explain its reasons, and it will be up to the European Parliament and the Council to decide whether or not to continue the legislative procedure.”

In manner in which the number of parliaments will be counted will be that each national parliamentary system will have two votes. Where there is a bicaramel parliament there will be vote for each parliament which, as I have suggested earlier, may prove significant in terms of Irish democracy, as it would give the Seanad an equal voice in European matters – one it may seek to assert.

Other areas where the national parliaments role changes are for example, the consideration period for legislation from Europe by National Parliaments has been increased by two weeks to eight weeks – an important improvement given the volume of such secondary legislation which can be produced from the Commission.

Another potentially important change is that National Parliaments will have to be informed at the start of the process of any request to join the European Union. While not having a direct decision making role, I believe this change will be important as it will probably mean that this subject will be debated in the chambers of each countries parliament before the relevant European Council meetings. In the context of Turkish membership, this is has the potential of being quite a significant block to a rapid decision on the matter.

In the matters of further changes to the Treaty, any moves away from unanimity to QMV will require the consent of national parliaments, as will moves away from the special legislative procedure to the ordinary legislative procedure. Furthermore, any major changes to the existing European treaties will need to see the calling of a convention to discuss the matter, and any such convention will include “representatives of the national Parliaments of the Member States, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission.”

This was the case in the convention on the Future of Europe, and in Ireland’s case, the most effective Irish participant was probably John Bruton who was there in his capacity as an Irish parliamentarian.
These are some of the ways in which the role of national parliaments is increased through the Lisbon Treaty – there are others in the area of Justice which I hope to go into in the future. Overall, the national parliaments’ powers in enforcing subsidiarity are important, and will hopefully be utilised efficiently. Given the increased inter-parliamentary co-operation over the past decade, while the hurdle of 1/3 support initially is high, I believe it can be achievable. Furthermore, the recognition of parliaments role in further changes to the European Union is also important, as it will ensure as wide a representation of European citizens in the process as possible. Considering that the Treaty is aimed at improving the running of our Union, rather than instigating radical reform, these changes are significant, to be welcomed, and another reason I’ll be voting Yes to Lisbon.

Anyway, inform yourself on all this – the consolidated version of the Treaties as amended by Lisbon is available here.