European economic governance and parliamentary representation. What place for the european parliament?

European Law Journal

Volumn 20, Issue 2, 2014, Pages 164-185

  Fasone, Cristina ^a  

^a LUISS UNIVERSITY   (Italy)

Author keywords

[No Author keywords available]

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EID: 84897624627     PISSN: 13515993     EISSN: 14680386     Source Type: Journal    
DOI: 10.1111/eulj.12069     Document Type: Article

References (73)

1. See B. de Witte et al., Legislating After Lisbon. New Opportunities for the European Parliament, study prepared in the framework of the European Union Democracy Observatory (EUDO, 2010), EUI, Florence, http://www.eui.eu/Projects/EUDO/Documents/EUDO-LegislatingafterLisbon(SD).pdf, at 26-41
2. R. Corbett, F. Jacobs and M. Shackleton, The European Parliament (John Harper Publishing, 8th edn, 2011), at 220
3. See B. Rittberger, 'Institutionalizing Representative Democracy in the European Union: The Case of the European Parliament', (2012) 50 (1) Journal of Common Market Studies 18, 24-33
4. R.M. Lastra and J.-V. Louis, 'European Economic and Monetary Union: History, Trends, and Prospects', (2013) 1 Yearbook of European Law 1-150
5. J. Habermas, 'Bringing the Integration of Citizens into Line with the Integration of States', (2012) 18 (4) European Law Journal 485-488
6. V.A. Schmidt, 'The Democratic Deficit in Europe: Which Way Forward?', in Foundation for European Progressive Studies, ItalianiEuropei, Fondation Jean-Jaurès, Friedrich Ebert Stiftung (ed), Renaissance for Europe-A democratic Union of Peace, Prosperity and Progress (FEPS, 2013), at 65
7. See, eg V. Hatzopoulos, 'Why the Open Method of Coordination is Bad For You: A Letter to the EU', (2007) 13 (3) European Law Journal 309
8. K. Armstrong, I. Begg and J. Zeitlin, 'JCMS Symposium: EU Governance After Lisbon', (2008) 46 (2) Journal of Common Market Studies 413
9. A. Abdallat, 'Contribution', in A. Kocharov (ed), Another Legal Monster? An EUI Debate on the Fiscal Compact Treaty (2012) 09 EUI Working Papers, Department of Law, at 14
10. On this issue, the German Constitutional Court is erected like the 'guarantor' of the national parliaments in the European economic governance, interpreting the Basic Law (Art 1, 23, 38, 79) aiming at establishing a general duty to inform the Bundestag on the part of the federal government before any decision on fiscal matters is taken at EU level and to wait for the Bundestag's assent in several hypotheses. See the decisions on the European Financial Stabililty Facility and related measures, 2 BvR 987/10, 2 BvR 1485/10, 2 BvR 1099/10 (Judgment of 7 September 2011) and 2 BvE 8/11 (Judgment of 28 February 2012 and the previous temporary injunction of 27 October ); the decision on the European Stability Mechanism Treaty, 2 BvE 4/11 (Judgment of 19 June 2012), and the latest decision on this matters, 2 BvR 1390/12, 2 BvR 1421/12, 2 BvR 1438/12, 2 BvR 1439/12, 2 BvR 1440/12, 2 BvE 6/12 (Judgment of 12 September 2012). For comments on these decisions2011
11. A. von Ungern-Sternberg, 'Parliaments-Fig Leaf or Heartbeat of Democracy? German Federal Constitutional Court (Judgment of 7 September 2011-European Rescue Package)', (2012) 8 (2) European Constitutional Law Review 304
12. D. Thym, 'The German Constitutional Court-or: the Emperor's New Clothes', and P.L. Lindseth, 'Karlsruhe Capitulates? Hardly-Understanding the ESM Ruling of September 12', both published on Eutopialaw, http://www.eutopialaw.com
13. F. Scharpf, Governing in Europe: Effective and Democratic? (Oxford University Press, 1999), at 7-21
14. C. Harlow, Accountability in the European Union (Oxford University Press, 2002), at 108
15. M.A. Wilkinson, 'The Specter of Authoritarian Liberalism: Reflections on the Constitutional Crisis of the European Union', (2013) 14 (5) German Law Journal 527-548
16. M. Hallerberg, B. Marzinotto and G.B. Wolff, 'How Effective and Legitimate is the European Semester? Increasing the Role of the European Parliament', (2011) Bruegel Working Paper, study conducted for the EP's committee on economic and monetary affairs, at 9-10
17. G. Majone, 'Rethinking European Integration After the Debt Crisis', (2012) UCL Working Paper, at 19-21
18. These legislative acts have been published on OJ L306/54, 23.11.2011, 1 et seq.
19. Following a long negotiation started in 2011 the two proposals for a Regulation (COM(2011)819 and 821) were finally agreed after the conclusion of the trilogue at the first reading on 13 May 2013 and entered into force on 30 May 2013 (OJ, L140/1, 27.5.2013, 1 et seq).
20. M. Ruffert, 'The European Debt Crisis and European Union Law', (2011) 48 Common Market Law Review 1777
21. P. Craig, 'The Stability, Coordination and Governance Treaty: Principle, Politics and Pragmatism', (2012) 3 European Law Review 231
22. Editorial comments, 'Some Thoughts Concerning the Draft Treaty on a Reinforced Economic Union', (2012) 49 Common Market Law Review
23. G. Martinico, The Tangled Complexity of the EU Constitutional Process. The Frustrating Knot of Europe (Routledge, 2012), at 171-176
24. F. Fabbrini, 'The Fiscal Compact, the "Golden Rule" and the Paradox of European Federalism', (2013) 36 (1) Boston College International & Comparative Law Review 4-9
25. The assessment of the role played by the EP varies according to the reasoning followed for legitimising the European integration. Thus, although under different perspectives, G. Majone, 'Europe's Democratic Deficit: The Question of Standards', (1998) 4 (1) European Law Journal 5 and A. Moravcsik, 'In Defence of the "Democratic Deficit": Reassessing Legitimacy in the European Union', (2002) 40 (4) Journal of Common Market Studies 603 do not see in the EP a fundamental player for enhancing the legitimacy of the European project. By contrast, according to the federalist view, aiming at establishing a political and federal Union, the EP should be further empowered, also revising the provisions of the Treaties on economic and fiscal policies. See, for example, the letter for the European federalism, undersigned by many European legal scholars, politicians, economists and diplomats and published on 9 May 2012 (significantly, the Europe Day) in El Pais, Le Monde, La Repubblica and Tageszeitung. According to this letter MEPs should have a leading role in transforming the EU in a federal Union and in reinforcing the parliamentary side of Europe, by involving national parliaments in this process.
26. C. Closa, 'Moving Away From Unanimity: Ratification of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union', (2011) 38 RECON Online Working Paper, at 14-17, who focuses on the rules for the entry into force of the TSCG that require the ratification from no less than twelve contacting parties.
27. P. Craig, 'Pringle: Legal Reasoning, Text, Purpose and Teleology', (2013) 20 (1) Maastricht Journal of European and Comparative Law 7-11
28. P.-A. Van Malleghem, 'Pringle: A Paradigm Shift in the European Union's Monetary Constitution', (2013) 14 (1) German Law Journal 141 149-168
29. B. de Witte and T. Beukers, 'The Court of Justice Approves the Creation of the European Stability Mechanism outside the EU Legal Order: Pringle', (2013) 50 (3) Common Market Law Review 805 814-848
30. On the increasing asymmetry and differentiation in the economic and monetary Union and its implications
31. F. Snyder, 'Integration and Differentiation: Metaphor for European Union', in P. Craig and G. de Búrca (eds), The Evolution of EU Law (Oxford University Press, 2nd edn, 2011), at 687-715
32. E. Chiti and P.G. Teixeira, 'The Constitutional Implications of the European Responses to the Financial and Public Debt Crisis', (2013) 50 (3) Common Market Law Review 683, 706-707
33. A further asymmetry has just arisen also in a field that directly concerns taxation, EU budget and solidarity amongst Member States: the introduction of a financial transaction tax. Aware of the impossibility to agree unanimously on the draft regulation presented by the Commission in 2011 (COM(2011) 594), 11 Member States requested to proceed through enhanced cooperation. See the Council Decision of 22 January 2013 authorising enhanced cooperation in the area of financial transaction tax (2013/52/ EU), O.J.E.U., L 22/11, 25 January 2013
34. J.-C. Piris, The Future of Europe: Towards a Two-Speed EU? (Cambridge University Press, 2012), at 20-52
35. D. Leuffen, B. Rittberger and F. Schimmelfenning, Differentiated Integration. Explaining Variation in the European Union (Palgrave Macmillan, 2013), at 142-183
36. C. Joerges, 'A European Union of, by and for the citizens. How can Europe provide better possibilities for the participation of its citizens?', Contribution to the EP-committee on constitutional affairs-Hearing on Citizen Participation, 18 September 2012
37. After the Treaty of Lisbon, the multi-annual financial framework (MFF) must be adopted as a legal act, in particular a Regulation. The EP rejected the draft MFF Regulation already on 6 July 2011. Later on, the EP rejected the draft MFF Regulation for the period 2014-2020 on 13 March 2013
38. See Y. Bertoncini, 'Le Parlements de l'UE et la gouvernance de l'UEM. Quelle dimension parlementaire pour "l'Union politique?"', (2013) Tribune-Notre Europe3-4
39. See the EP decision of 7 October 2009 on the establishment of a special committee on the financial, economic and social crisis (OJ, C230 E, 26 August 2010
40. See EP, Resolution of 23 March 2011 on Amendment of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro.
41. B. de Witte, 'The European Treaty Amendment for the Creation of a Financial Stability Mechanism', (2011) 6 European Policy Analysis, http://www.sieps.se
42. P. Ponzano, 'Méthode intergouvernementale ou méthode communautaire: une querelle sans intérêt?', (2011) 23 Les Brefs the Notre Europe 2-3
43. R. Dehousse, 'Inter-Institutional Balance in the EU: Is the Community Method Still Relevant?', in Challenges of Multi-Tier Governance in the EU, Workshop organised by the Policy Department of the EP on Citizens' Rights and Constitutional Affairs, 4 October 2012
44. S. Fabbrini, 'Intergovernmentalism and Its Outcomes: The Implications of the Euro Crisis on the European Union', (2013) 1 LUISS SoG Working Paper Series 9-22
45. E. Chiti, A.J. Menéndez and P.G. Teixeira, 'The European Rescue of the European Union', in E. Chiti, A.J. Menéndez and P.G. Teixeira (eds), The European Rescue of the European Union?: The existential Crisis of the European Political Project-Reconstituting Democracy in Europe Report no. 19, 2012 3 (12) ARENA Report 395, at 417, who talk about 'the rise of executive emergency constitutionalism.'
46. See EP, Resolution of 6 July 2011 on the financial, economic and social crisis: recommendations on the measures and the initiatives to be adopted, Strasbourg, (2010/2242(INI)).
47. A. Héritier, 'Institutional Change in Europe: Co-decision and Comitology Transformed', (2012) 50 (1) Journal of Common Market Studies 38, 41-43
48. R. de Ruiter and C. Neuhold, 'Why Is Fast Track the Way to Go? Justifications for Early Agreement in the Codecision Procedure and Their Effects', (2012) 18 (4) European Law Journal 536, 546-552
49. See the Resolution of the EP of 15 December 2011 on the draft scoreboard for the surveillance of macroeconomic imbalances as proposed by the Commission. On the crucial contribution of the EP, see European Commission, Alert Mechanism Report. Report prepared in accordance with Articles 3 and 4 of the Regulation on the prevention and correction of macro-economic imbalances, COM (2012) 68 final, Brussels, 14 February, 2012
50. Other issues, for example, the proposal of the EP to strengthen the relationship between national parliaments and Fiscal Councils, the independent bodies in charge of monitoring ex ante and ex post the fiscal stability and the macroeconomic conditions of the Member States with regard to the provision of the 'six-pack,' the 'two-pack,' and the TSCG, has not succeeded.
51. Nonetheless, the EP asked in vain for its involvement in the negotiations. See the Resolution of the EP of 18 January 2012 on the Conclusions of the European Council of 8-9 December 2011 on a draft international agreement for the fiscal stability in the EU.
52. The TSCG already recalls the legal basis of the 'six-pack' (Art 121, 126 and 136 TFEU) as well as some of the new EU Regulations and contains the commitment to incorporate its provisions into the EU legal framework within five years (Art 16).
53. See the EP resolution of 2 February 2012 on the informal European Council meeting of 30 January 2012
54. Indeed, only the provisions of Titles III and IV of the Treaty may be applied to contracting parties whose currency is not the euro.
55. This mechanism aims to contrast the disputable solidarity existing amongst Member States in the Council, in concealing their respective violation of the Pact. On the reverse qualified majority
56. W. Van Aken and L. Artige, 'Reverse Majority Voting in Comparative Perspective: Implications for Fiscal Governance in the EU
57. B. de Witte, H. Héritier and A. Trechsel The Euro Crisis and the State of European Democracy (European University Institute, RSCAS and EUDO, 2013), at 129
58. The raise of MEPs' conducts oriented to national self-interest appeared quite evidently during the debates held on the occasion of the Interparliamentary Committee Meeting on European Semester for Economic Policy Coordination co-organised in Brussels by the ECON committee of the EP and the relevant committee of the Danish Parliament on 27-28 February 2012http://www.europarl.europa.eu/ webnp/cms/lang/it/pid/1702
59. Previously, during the plenary session of the EP in Strasbourg on 13 December 2011, a harsh debate took place between the British MEPs and the MEPs elected in other Member States because of the position taken by the Prime Minister David Cameron in the European Council of 8-9 December 2011
60. S.C.W. Eijffinger and E. Mujagic, 'An Assessment of the Effectiveness of the Monetary Dialogue on the ECB's Accountability and Transparency: A Qualitative Approach', (2004) 39 (4) Intereconomics 190, 201-202
61. I. Pernice, 'The Treaty of Lisbon: Multilevel Constitutionalism in Action', (2009) 15 (3) The Columbia Journal of European Law 351, 372-384
62. See the resolution of the EP of 1 December 2011 on the European Semester for Economic Policy Coordination (2011/2071(INI), points 46 and 47 and the resolution of 4 July 2012 on the Conclusions of the European Council meetings (28-29 June 2012) (2011/2923(RSP), point 9.
63. The aversion of the EP towards the COSAC model is testified by the EP refusal to follow Art 10 of the abovementioned Protocol for setting up the Interparliamentary Conference on the Common Foreign and Security Policy (CFSP) and on the Common Security and Defence Policy (CSDP). Finally, on the occasion of the Conference of the EU Speakers of 20-21 April 2012 the EP and the national parliaments agreed that the EP would have been represented by 16 delegates in this Conference, whereas national parliaments can send six delegates each. Therefore, the EP achieved its objective. See the Presidency Conclusions of the Conference of Speakers of the European Union Parliaments, Warsaw, 21 April 2012http://www.parl2011.pl/prezydencja.nsf/attachments/DKUS-8SYGLC/%24File/ conclusions_PL_EN_FR.pdf
64. See A. Manzella, 'Is the EP Legitimate as a Parliamentary Body in EU Multi-Tier Governance?', in Challenges of Multi-Tier Governance in the EU, Workshop organised by the Policy Department of the EP on Citizens' Rights and Constitutional Affairs, 4 October 2012
65. Presidency Conclusions of the Conference of Speakers of EU Parliaments, Nicosia, 21-23 April 2013, at 5-6
66. According to the Speakers, the Conference shall meet twice a year, starting in the second half of 2013 (during the Lithuanian Presidency), and be coordinated with the European Semester cycle.
67. R. Schütze, '"Delegated" Legislation in the (new) European Union: A Constitutional Analysis', (2011) 74 (5) Modern Law Review 661, 682-687
68. S. Peers and M. Costa, 'Accountability for Delegated and Implementing Acts after the Treaty of Lisbon', (2012) 18 (3) European Law Journal 427, 447-455
69. A.J. Menéndez, 'The Existential Crisis of the European Union', (2013) 14 (5) German Law Journal 453-518
70. Y. Mény, 'Conclusion: A Voyage to the Unknown', (2012) 50 (1) Journal of Common Market Studies 154-163
71. The adoption of such regulations was urged by the Commission, the Council, the European Council and the European Central Bank
72. B. Crum and J.E. Fossum, 'The Multilevel Parliamentary Field: A Framework for Theorizing Representative Democracy in the EU', (2009) 1 (2) European Political Science Review 249
73. See the interventions of the President of the EP, Martin Schulz, to the European Council of 30 January 2012 and of 13 December 2012