DEMOCRATIC ACCOUNTABILITY OF THE EU EXECUTIVE : NATIONAL PARLIAMENTS Deirdre Curtin DUBLIN, 8 MAY 2014

EU Executive Dominance European Council (national PM’s) Council of Ministers (national ministers) European Commission ECB Four ‘Presidents’

NATURE OF EXECUTIVE POWER: COMPLEX AND SCATTERED Legislative (early readings; limits of subsidiarity mechanism) Non Legislative (eg European Semester, ECB, CFSP, International agreements etc)

(Representation, Participation) (Learning/Reflexive) Types Intergovernmental European Council Supranational Commission Regulatory ECB (Agencies) Democratic (Representation, Participation) Representation of MS governments interests? Diplomatic (or ‘deliberative’ consensus formation ) working method?? Publicity in advance of decision making? Key role national parliaments Enhanced political accountability to EP (plus link in European elections) Civil society consultations- ? Limited transparency Participation Light Constitutional (Checks and Balances) Weak constitutional basis EP, resolutions ignored; ‘sucked-in’ to executive secret keeping Role of Court and executive responses European Council as actor before Court Role of Court ? Access to information Dynamic (Learning/Reflexive) ???? Information gathering and evaluation (by peers/experts) Socialisation of deliberations Peer review (eg thematic reviews) Innovative learning tools (eg peer counseling) Peer Review?

Who ought to be accountable to whom? Different perspectives EU Actor   EU Governance Perspectives  European Council Commission ECB/Agencies Intergovernmental To national parliaments and electorate To member state governments; national parliaments? Inter-parliamentary mechanisms governments Supranational To European Parliament (collectively); To Court of Justice (CJEU) To European Parliament; To Commission/Council To Court of Justice(CJEU) Regulatory n.a. (the perspective is focused on role of administrative actors only) To Court of Auditors To sectoral and international expert review/benchmark bodies To management boards composed of technical experts To professional accreditation and benchmark bodies Source: Bovens, Curtin, ‘t Hart, The Real World of EU Accountability. What Deficit? (2010)

Accountability

COMPONENTS Information (Public): do parliaments get timely and complete information? Do they get access to ‘limited’ information and on what conditions? What is impact (secrecy)? Who sets the rules? Debate (Dialogue): do (prime) ministers come to parliament before eg EC meetings and have a debate? Do EU ‘Presidents’ come to NP and have a dialogue on the basis of full information? Consequence (Sanction): can the ‘rascals’ be sent home? Is there any other consequence?

Source: European Parliament, DIRECTORATE-GENERAL FOR INTERNAL POLICIES, ECONOMIC GOVERNANCE SUPPORT UNIT (EGOV) Source: European Parliament, Directorate-General for Internal Policies, Economic Governance Support Unit (EGOV)

EP Plenary Information –some given (not always stay to answer questions of information) Little direct dialogue (set speeches; opening and concluding little direct reaction) Justifications asked in the form of explanations (but not always answered directly or indirectly) No real pressure (or consequences)

Economic and Monetary Committee Economic Dialogue (on model of Monetary Dialogue with ECB?) On line videos More informative than plenary sessions and more dialogue Report available in advance and specific questions and answers on that basis Strict time limits

European Semester Practice Rehn before national parliaments: general speeches, not focussed debate ex ante of concrete fiscal measures Upto national parliaments to get to grips on time with European Semester (eg Danish and Finnish parliaments) and national governments National Reform Programmes (and binding reform contracts) Incomplete information Scrutiny behind closed doors? (Weak) role of inter-parliamentary forums (European Parliamentary week )

National ‘Ownership’ Source: Consideration of the European Semester by the Danish Parliament, Report issued by the European Affairs Committee and the Finance Committee on 21 June 2013

Law on Cooperation German Government and Bundestag (2013) Model for other national parliaments? Role of German Constitutional Court Legal obligation on government to supply wide range of information Covers formal and informal meetings/documents, European Council, Euro summits, Eurogroup “and of comparable institutions held on the basis of international agreements” Covers preparatory bodies, working groups, trilogues…

And the European Parliament? Not alternative but supplementary Partnership because of composite nature of executive power, joined committees etc Role of interparliamentary forums – enhancing Eurozone specific parliament/committee? Challenging executive dominance also through ‘disobedience’…