Lisbon treaty triggers review of EU law making procedure

The Lisbon treaty on the functioning of the EU entered into force 1 Dec 2009. Among changes are two articles on the Commission's executive powers which derive from the European Parliament (EP) slightly increased competence, and other factors. It is interesting to monitor the discussion and ensuing result from the Better Regulation perspective: will the new procedures be more effective, democratic control being increased without losing efficiency and quality of legislation?

This new "constitutional" text is by no means a revolution. "Comitology" (the rules governing the making by COM of secondary legislation) had been evolving under MS pressure: the 2006 revision had already increased the rights of EP and rationalised the procedures. We now have two COM documents offering a way forward in keeping with Lisbon, and expressly inspired by the principles of Better Regulation.

9 March 2010: the Commission tabled in the European Parliament a proposal for a Regulation (COM(2010)83) on the Commission's exercise of implementing powers  defined in article 291 of the Lisbon treaty. The control on implementing acts is to be exercised by the MemberStates, not the EP and the Council.

9 December 2009 : a Commission Communication (COM(2009) 673)  put forward recommendations on how the EU legislator should best use the power to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. This is the category of "delegated acts"defined by article 290 of the Lisbon treaty. Article 290 is immediately applicable and contains all the elements for the legislator to defining, case by case, the scope, content and practical arrangements for delegating power. The Commission believes it is useful and necessary to define the general framework within which such delegations of power should operate. The EP largely agrees and calls for a standard formula that would be regularly inserted by the Commission in the draft legislative act itself. In its communication, the Commission sets out the Commission's views on the scope of the when and how delegated acts could be used, and how the EP could control the use of those powers.

Both these documents make for very interesting reading for BR experts. The precise outcome of the discussions, in new agreements between the institutions, is not pre-determined, and should provide interesting insights into the updated law-making process:

• The increased rôle of Member States (experts) in assisting COM in implementing EU law (as opposed to the activity of the delegates in Council); how will EP be involved in that process?
• Will the delegation of power remain limited on a case-by-case basis, or will EP "trust" COM to make good use of delegations within a general framework ?

I am not an expert on these matters; it would be good to ascertain the point of view of the other institutions, especially the European Parliament. For more see EurActiv file. Please contribute. (CH MONTIN)