Parlement en Europese besluitvorming

Abstract

This contribution first gives a justification for the role of a national parliament like that of the Netherlands with regard to decision-making in the EU, and indicates the scope of that role with regard to the nature, form and subjects of EU decision-making. It analyzes what the Netherlands parliament has actually done with regard to EU decision-making, and distinguishes the procedures of the Lower House and Upper House with regard to the above aspects of EU decision-making, describes the role of interparliamentary cooperation and coordinatoin, and places all this in comparative context by reference to the UK, Denmark, France and Germany. It briefly sketches the 'new democratic deficit' with regard to decentralized state entities, both the territorially autonomous entities of municipalities and provinces, as well as the functionally decentralized entities. It argues for a strengthening of the role of the Netherlands parliament, pleads for a more active role on its part, for a strengthening of the coordinating role of the Committees on European Affairs of the houses, for the introduction of a legally more precise obligation on the part of the government to inform Parliament, for the strengthening of interparliamentary cooperation both between national parliaments and the European Parliament, for reintroducing the practice of a 'double mandate' for MPs from larger parties, particularly for members of the Upper House, for the introduction of one Committee of both Houses on European Affairs. It calls for a rethinking of the representation of regions and functional public entities with a view to European decision-making, and presents some preliminary ideas on this. The author rejects a 'pre-legislative procedure' at the European Court of Justice, although the government should legally be bound to cooperate in bringing cases to the ECJ on the part (and initiative) of either House of Parliament.