National parliaments

Lisbon underlines the implicitly subordinate role of National Parliaments in the institutional structure of the new Union: It does this by stating that “National Parliaments contribute actively to the good functioning of the Union” by various means which are set out in Article12, amended TEU. Under the pretext of enhancing the role of National Parliaments, the Treaty actually institutionalises their subservience by defining such a limited role for them in the new Union’s structures.

National Parliaments must be informed of and may scrutinise draft EU legislative acts, but while the Commission is required to review the legislation if one-third or more of National Parliaments object, the Commission can then decide to continue with the legislation unamended – with its decision confirmed by the normal QMV procedures(“the yellow card”). If over half the National Parliaments object and the Commission still persists in its proposal, 15 out of 27 Member States on the Council, or a majority in the European Parliament, may reject it, but the Council of Ministers has that power anyway under its usual procedures(“the red or orange card”). This right to complain, for that is what it is, is not an increase in the powers of National Parliaments, as it has been widely misrepresented as being, but is symbolical rather of their loss of real power.

Ultimately it is the EU itself, through the Court of Justice, which has the final right to arbitrate on claims of subsidiarity infringement (Protocol on the Application of the Principles of Subsidiarity and Proportionality, Article 7.2). These provisions of the Treaty permitting National Parliaments in effect to complain to the Commission, are small compensation for the loss of democracy involved by the loss of some 68 vetoes by National Parliaments as a result of other changes proposed by the Treaty. National Parliaments have in any case already lost most of their law-making powers to the EC/EU. The citizens who elect them have lost their powers to decide these laws also.

Lisbon also provides for a right of petition to the Commission by one million European citizens asking it to propose a new EU law, but there is no obligation on the Commission to do anything apart from “considering” such a request. It can ignore it or reject it. In other words, if the citizens collect a million signatures, they have the right to complain and then hope for the best.

The European Parliament cannot initiate a single European law, but it gets more influence under the new Union’s constitutional structures. It can put down amendments to draft laws coming from the Council and Commission in the new law-making areas which Lisbon would transfer to Brussels from the National Parliaments, although the Commission and Council must agree to them if they are to pass. National Parliaments would of course lose their powers to make laws in these areas. Under Lisbon Ireland would have 12 MEPs instead of 13 out of 750 in the European Parliament. When Ireland was part of the United Kingdom in the 19th century it had 100 members out of 600 at Westminster, where all UK laws were both proposed and made.

admin @ May 22, 2008