9789041116291

National Parliaments in An Integrated Europe : An Anglo-German Perspective

by
  • ISBN13:

    9789041116291

  • ISBN10:

    904111629X

  • Format: Hardcover
  • Copyright: 2001-12-01
  • Publisher: Aspen Pub

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Summary

The acquisition of increased powers by the European Parliament has raised the spectre of a 'competition legislature' for national parliaments, and even the threat of a democratic deficit at the national level. At this critical moment it is vital to recognise and reinforce the ways in which the institutions of the European Union are politically accountable to member States. in this profound and revealing analysis of the participation by domestic legislatures in policymaking and legislative processes at the European level, Adam Jan Cygan focuses on the evolving means by which the legislatures of Germany And The United Kingdom are responding To The increased competence of the European Union. This technique allows him to highlight such factors as the following: the procedures of European scrutiny committees in the United Kingdom Houses of Parliament And The German Bundestag; the accountability of national ministers for decisions taken in the European Council of Ministers; the role of sub-national governments, As revealed in both the formal federal system of Germany And The devolved administrations of the United Kingdom, In European affairs; and the continuing impact of Treaty provisions and informal cooperation between member States. National Parliaments in an Integrated Europe clearly demonstrates that, contrary to some prevailing beliefs, national parliaments are not necessarily destined to become mere administrative institutions. In fact, The national initiatives and procedures analysed here reveal a firm commitment to compel the attention of the European Commission And The European Parliament toward national and even sub-national accountability.

Table of Contents

Abstract ix
Table of Cases
xiii
Preface xv
Part I - National Parliaments within the EU Treaty Framework
National Parliaments in the European Union
3(12)
Introduction
3(1)
Why are National Parliaments Important?
4(7)
National Parliaments and the European Legislative Process
11(2)
Concluding Remarks
13(2)
The Application of the Subsidiarity Principle in the European Union
15(22)
Introduction
15(1)
Subsidiarity in the German Constitution
16(3)
Subsidiarity in the European Union
19(1)
Subsidiarity in Practice
20(6)
Application of the Subsidiarity Principle
26(6)
Concluding Remarks
32(5)
Part II - Scrutiny of EU Affairs by National Parliaments
Cooperation between National Parliaments of the Member States - The Conference of European Affairs Committees (COSAC)
37(13)
Introduction
37(1)
The Functioning of COSAC
37(6)
National Parliaments after Amsterdam
43(4)
Concluding Remarks
47(3)
European Legislation In the House of Commons - The Work of the European Scrutiny Committee
50(29)
Introduction
50(2)
The Select Committee's Name
52(1)
Functions of the Select Committee
53(2)
The Political, Legal and Constitutional Context of the Scrutiny Process
55(1)
Terms of Reference
56(3)
Provision of Documents to the Select Committee
59(4)
Exerting Influence over Ministers
63(5)
Debating European Legislative Proposals in the House of Commons
68(5)
Departmental Select Committees and European Affairs
73(2)
The House of Commons and the European Parliament
75(2)
Concluding Remarks
77(2)
The House of Lords and European Union Affairs
79(34)
Introduction
79(1)
The Terms of Reference
79(6)
European Affairs in a Reformed House of Lords
85(1)
How influential is the Select Committee?
86(2)
Objectives of the European Union Committee
88(3)
The Mechanics of the Scrutiny Process
91(4)
The Use of Correspondence with Ministers
95(1)
Membership of the Select Committee
96(2)
The Staffing of the Select Committee
98(1)
The Use of Sub-Committees in the House of Lords
99(5)
The Work of the Sub-Committees
104(1)
Sub-Committee Membership
104(2)
Sub-Committee E - Law and Institutions
106(4)
Concluding Remarks
110(3)
European Affairs in the German Bundestag - Legal and Constitutional Basis
113(20)
Historical Development
113(3)
Constitutional Provisions of the European Union Committee
116(3)
Secondary Legislation and the European Union Committee - The Law on Co-operation between the Federal Government and the Bundestag in Matters Concerning the European Union of 12 March 1993
119(1)
The Inter-Ministerial Agreement of 10 November 1995
120(3)
Rules of Procedure of the German Bundestag - Procedural Principles of the Committee on the Affairs of the European Union
123(2)
The Federal Constitutional Court Judgment of 12 October 1993 on the Maastricht Treaty for the Work of the Bundestag in the Field of European Policy
125(8)
Structure, Organisation and Role of the Committee on Affairs of the European Union in the German Bundestag
133(26)
Composition of the EU Committee
133(2)
Tasks of the EU Committee
135(2)
The Two Main Functions of the EU Committee - Information and Control
137(3)
Parliamentary Scrutiny of the Implementation of EU Directives
140(1)
Special Rights of the EU Committee
141(5)
The EU Committee's Working Methods
146(1)
Policy Fields within the EU Committee's Remit
147(2)
Attendance of Government Representatives at Committee Meetings
149(1)
Representatives of Other Institutions
149(1)
Types of Decision Taken by the Committee
150(1)
The Committee's Timetable
150(1)
Public Access to Committee Meetings
151(1)
The European Affairs Office of the Committee on the Affairs of the European Union - Co-ordination of EU Items
152(1)
Relations between the EU Committee and the Specialised Committees
153(1)
International Activities of the EU Committee
153(2)
Concluding Remarks
155(4)
Part III - Sub-national Government and European Affairs in the United Kingdom and Germany
Participation by Sub-National Government in European Union Policy and Decision Making
159(12)
Introduction
159(1)
Sub-National Government in the Member States
160(3)
Multi-Level Governance and EU Policy Making
163(5)
The Committee of the Regions
168(2)
Concluding Remarks
170(1)
Participation by the Lander in European Union Affairs
171(18)
Introduction
171(1)
The Constitutional Basis of Federalism
171(3)
The Role of the Bundesrat
174(3)
Lander Power-Sharing in European Affairs and International Relations
177(3)
Article 23 Basic Law - The Europe Article
180(6)
Concluding Remarks
186(3)
Devolved Government and the European Union - Scottish and Welsh Arrangements for Participating in European Union Affairs
189(32)
Introduction
189(1)
Devolution of Government
190(3)
European Affairs before the Scottish Parliament
193(7)
Scrutiny by the Scottish Parliament - The Procedure
200(3)
Scottish Representation at Brussels
203(2)
Implementation of European Legislation by the Scottish Parliament
205(2)
European Affairs before the Welsh Assembly
207(3)
The Intergovernmental Concordats
210(1)
Concordat on Co-ordination of European Policy Issues
211(5)
Concluding Remarks
216(5)
Part IV - The Demise of National Parliaments?
Concluding Remarks: Where Next for National Parliaments?
221(8)
Introduction
221(1)
The Challenge for National Parliaments
221(3)
What Next for the Third Level?
224(2)
National Parliaments - The Future
226(3)
Appendices 229(12)
Bibliography 241(4)
Index 245

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