1. DIRECTORATE GENERAL FOR INTERNAL POLICIES
LEGAL AFFAIRS
Transposition of EU Legislation into domestic law: Challenges faced by National Parliaments

2. National Parliaments & transposition
NP’s Not full fledged co-legislators: indirect influence
From a marginal unspecified position
To recognized ‘third-party’ involvement (Politicial dialogue, annexes to the Lisbon Treaty & Early warning mechanism)

3. Proposals Informal stage (negotions) Scrutiny
European Affairs Committees
Scrutiny reserves/mandates
Position & monotoring
‘Cards & opinions’

4. Early Warning Mechanism Dialogues
Cards (3)
Political dialogue (thousands of positions since 2006)

5. Transposition
Role depends on method and instrument of transposition (and constitutional setup)
Well prepared, well transposed
Preference for secondary legislation (delegated or statutory instrument)
No philiospher’s stone to quick, speedy transposition (omnibus, emergency, fast lanes)
Copy out/elaboration – gold-plating/double banking

6. Democracy enhancing?
Allibrandi 2018: ‘[National parliaments] are of key importance for the legitimacy of European politics’

7. Comitology: undemocratic loophole?
Toshkov 2018 (75% of EU legislation enacted by the Commission) (…) ‘We see that the share of Implementing acts from all legislation adopted by the Commission is growing since their introduction. Currently, around 2/3 of all acts are Implementing legislation which provides the Commission with considerable discretion.’

8. In sum
National Parliaments are becoming more important – from bystander to teamplayer
Positive as regards democratic legitimacy
EWM working properly? – Political Dialogue works better
No quick fixes to expedient transposition – involving & committing National parliament seems to work best
Comitology – the old pre-Lisbon reflex? Backlash of the Union as an international depolitized organization?

9. Presentation by Wim Voermans Leiden University the Netherlands
Policy Department Citizens’ Rights and Constitutional Affairs
Responsible Administrator: Roberta PANIZZA