Comitology
From Wikipedia, the free encyclopedia
Comitology in the European Union refers to the committee system which oversees the acts implemented by the European Commission.
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[edit] Overview
The European Commission, as the executive branch of the European Union, has the task of implementing European legislation passed by the European Parliament and the Council of the European Union. In implementing the legislation within its scope, the Commission is assisted by committees in a process known as Comitology.[1]
The committees are discussion forums chaired by the Commission and composed of representatives of the European Union member states. This allows the Commission to discuss its proposals with national administrations before they are implemented, in order for the measures to be best adapted to national situations. The model for this relationship is based on the "Comitology Decision" (see below) allowing the Parliament to monitor and, if necessary, object to proposed measures.[1]
[edit] Comitology Decision
The procedures that determine the relationship between the Commission and the committees are based on a Council of the European Union decision from June 28, 1999 on procedures for the exercise of implementing powers conferred on the Commission (1999/468/EC ; OJ L 184/23 of 17.7.1999) ("the Comitology Decision"). In Article 7 paragraph 5 of that Decision it is stipulated that references of the documents transmitted are made available to the public. The Commission was therefore obliged to create register of Comitology documents which covers transmitted documents since 1st of January 2003 which have not been sent to the European Parliament.
The Commission has also added - following a unilateral political commitment - a web-based repository to the register which enables the user to get direct access to certain documents which also contains a link for requesting the document, if is not made public in the repository (in accordance with the rules of the Regulation No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 (OJ L 145/43 of 31.5.2001)).
The register in general contains in general the following types of documents :
- agendas of committee meetings,
- draft implementing measures,
- summary records of committee meetings,
- voting results of opinions delivered by a committee.
In 2006 an amendment was made to the 1999 Comitology Decision, after concern that there was a substantial democratic deficit in the process of comitology due to the almost non-existent part played by the European Parliament (which is the most democratic of the institutions within the EU). Council Decision 2006/512/EC set up a new procedure which could be used in delegated decision-making. It introduced the Regulatory Procedure with Scrutiny which could be used on non-essential elements of a basic instrument which was adopted under the co-decision procedure (a primary legislative procedure). Essentially it gives the European Parliament an opportunity to oppose and block proposals if it exceeds the implementing powers given by the primary legislation, it's incompatible with the aim or content of the primary instrument, or if it is in conflict with the central principles of subsidiarity or proportionality. By giving the European Parliament a greater say in delegated decision-making it has helped to reduce the democratic deficit within the EU.
[edit] Types of committee
There are four categories of committee. Advisory, Management, Regulatory and Regulatory with scrutiny. Advisory committees give opinions which the Commission must take account of. Management committees have stronger powers, if the committee does not approve of a proposed measure it will be referred to the Council, which may then adopt a different position by qualified majority. A similar situation happens with regulatory committees, but it is also referred to the Parliament - however this is only to inform as the Councils till has sole right to overrule the Commission. Where a regulatory committee has scrutiny, the Council and Parliament are allowed to make a prior check on the measure's scope and to amend non-essential elements. Opposition from either will block the proposed measure.[1]
[edit] Transparency of Council working groups
What has been achieved for the Committees of the Commission is not reached for the Council yet. The drafting of the European Constitution allowed for an opportunity to make the Council of the European Union more transparent. While the Constitution treaty orders that all official Council meetings discussing new EU laws, have to be public, this has already been decided at European Council of Seville, so in reality, the Constitution fails to seek for any improvement.
This means that the Constitution, which failed ratification and is now replaced by the Treaty of Lisbon (due to be ratified by 2009) will not have brought more transparency to the hundreds of law-making committees which prepare decisions to the point of adoption. It fails to give citizens a real insight into how their laws are decided in these committee which adopt or prepare 85% of all EU-laws.
The previous European Ombudsman, Jacob Söderman, has proposed a transparency and administrative reform. The European Parliament has proposed that all meetings and documents be open unless a ⅔ majority decide otherwise. This proposal has assembled support from 200 members and substitute members of the Convention, including all the members of the national parliaments, but it was still not inserted into the EU Constitution by the Praesidium.
[edit] See also
[edit] References
[edit] External links
- Consolidated Version of Comitology Decision 1999/468/EC taking into consideration Decision 2006/512/EC of 17 July 2006
- Web-based access to the Comitology register
- Acquis on Comitology
- More background
- Detailed Bibliography on Comitology
- EEA EFTA on Comitology
- [http://aei.pitt.edu/view/subjects/D004006.html Papers at the University of Pittsburgh
- European Training Institute[1]Comitology Reform: The book
