Comitology

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Under comitology (English comitology, French la comitologie ) is today understood primarily the system of administrative and expert committees within the European Union. The comitology committees are to adopt the implementing provisions of EU legislation, notably EU directives responsible. These are governed by the so-called comitology decision ( 1999/468/EC).

After the introduction of the Lisbon Treaty comitology is fundamentally reformed. In principle, the strengthened European Parliament more influence to be given.

Even earlier was the term " comitology " is used for a general theory of committees, boards, and the like, for example, by Cyril Northcote Parkinson, 1958 ( " the science of comitology " in: Parkinson's Law ).

Features of the system of delegated acts

Delegated acts have the goal of legislative acts by the transfer of legislative powers of the European Parliament and Council of the European Union to the European Commission to implement quickly. This form of transmission is enshrined in Article 290 TFEU and detaches from the applied pre-Lisbon system of comitology. Delegated acts are almost identical to the previous regulatory procedure with scrutiny, however, contain some significant innovations.

Delegated acts are generally comparable with the applicable German law provision of Article 80 paragraph 1 of the Basic Law, which as well as the transfer of legislative powers to an executive body regulates ( on the Federal Government, a Minister or a State Government ). Requirement for the delegation of legislative powers is primarily a legislative act within the meaning of Article 289 paragraph 3 TFEU. This specifies that only non- essential elements of the legislative act can be transferred to the Commission. By " essential provisions " means those which do " essential and of fundamental importance for the goals that a legislative act is primarily intended ( ... ) is (are ), but not with mere detailed regulations of a technical nature ." According to Article 290 para 2 lit. a TFEU have the European Parliament and the Council a right of withdrawal for each of the delegated powers to the Commission. Article 290 para 2 lit. b TFEU grants the Parliament and the Council the option, " within the limits specified by the legislative act " objections to the powers conferred to install.

In summary, it brings the new procedure of delegated acts, therefore, following what is new: it is no longer horizontal binding framework. The legislator (the European Parliament and the Council) have the option of objectives, scope, duration and modalities of transmission case to case. In this method also eliminates now the duty of the Commission to obtain an opinion of a comitology committee. However, it is expected that the Commission will continue to seek the opinion of expert groups of the Member States, as their expertise can only be conducive to their design. The powers of the legislature with respect to individual measures have been considerably extended, as they can now attach any reason a veto. Furthermore have Parliament and the Council by the new process now has the right to revoke the delegation of powers to the Commission independently and thoroughly.

Formation and guidelines before the Lisbon Treaty

Most acts by the EU legislator - the Council of the European Union and the European Parliament - be adopted only contain more or less precise goals which must be implemented by means of implementing measures. Theoretically, the Member States of the European Union are solely responsible for the implementation of European legislation. In practice, however, this reaction takes place in cooperation with the European Commission as it has greater knowledge of the often complex matter. For this collaboration, the instrument of comitology committees serves. The Commission is to implement the basic acts proposals that can be approved or rejected by the Member States; with certain procedures, the European Parliament has a monitoring and oversight role. Today there are around 250 comitology committees for various topics; in 2005, she adopted a total of over 2,500 submissions.

In the comitology committees sit together Member States, usually representatives of the national government ministries and recognized experts ( from Germany depending on the topic, representatives of the federal states). The chairmanship of the committees take an official of the European Commission, but have no voting rights therein. The committees meet regularly and take account of national legislative peculiarities, current developments or the (temporary ) need for change in the nation-state implementation of existing European legislation.

The term comitology even appeared for the first time on Cyril Northcote Parkinson in the book " Parkinson's Law and other studies on the management " of 1957 and then described a general term for the Committee teaching.

The origins of the comitology go back to the early 1960s. Originally the Council of the European Union drew up the necessary implementing rules of EU laws. Because of this, however, did not have the necessary capacity to respond to the technical details of the implementation of all decisions taken, was decided in 1962 to delegate these implementing measures and design by the Commission essentially and say goodbye in comitology committees of specialized officials of the national ministries to leave. This process took place in the framework of the common agricultural policy for the first time.

Subsequently, various consultation procedures have been established to give different degrees of power and control of the Commission each have different implementing powers and the governments of the Member States. These three procedures ( advisory procedure, management procedure and the regulatory procedure ) are laid down in the Komitologiebeschlüssen of 1987 and 1999. By the 1999 Decision of the European Parliament were also granted certain rights regarding participation of implementing powers arising from acts adopted under the co-decision procedure. In this method, which was introduced by the Treaty of Maastricht in 1993, the European Parliament will have equivalent legislative powers such as the EU, the Council. The individual implementing measures for resulting acts are therefore now transferred from these two institutions to the relevant comitology committees.

Often the comitology committees were viewed as the epitome of the European democratic deficit. Among other things, been objected that comitology is not sufficiently legitimized transparent and non- democratic, for example, because the committees of civil servants and not elected representatives put together. 2006 therefore came to a reform of comitology ( Decision 2006/512/EC ), by which the position of the European Parliament should be strengthened as a directly elected body: In addition to the three previous methods of comitology the "regulatory procedure with scrutiny " has been introduced. It gets the European Parliament powers of control over the committees.

In political science, the committees of comitology considered as control agents of the Member States to the Commission: According to the principal-agent theory, the Commission may in knowledge, he or she holds in the complex matters of EU legislation in relation to the States use to the expansion of their power. Through the comitology committees, Member States, however, retain control over the implementation of the adopted EU legislation and can therefore reduce the Commission's influence.

The comitology procedure before the Lisbon Treaty

The different comitology procedures always begin with a draft of the European Commission, is to be implemented which measures the adopted EU legislation. For this, the comitology committee for an opinion. Depending on the procedure, the Council and the European Parliament may then appeal against the proposals a veto. However, this is generally only possible if the Commission's proposal goes beyond its implementing powers, if he disagrees with the aim or content of the measure adopted or if it contradicts the principles of subsidiarity and proportionality.

This unfavorable opinions of the comitology committees are very rare; usually differences between the Commission and committees to be clarified in advance. More common are the cases in which the quorum is missed for a decision of the Committee itself, so that there is no opinion at all. In most cases, proposed by the Commission are finally actually implemented.

Legal basis of the comitology committees are the " Comitology Decision " of the Council in 1999 and the relevant basic act, for the provisions implementing the committee being set. Those acts shall be adopted by the EU Council and the European Parliament on the EU legislative process valid. The committees will then act according to the comitology procedure, which is called the basic act. In the Comitology Decision of 1999, the various methods are described in detail.

Advisory procedure

The advisory procedure (formerly Method I ) is used in cases in which it is considered " as the most appropriate method ". It gives the Commission the widest freedom, since the committee has a purely recommending action. The procedure is as follows:

Administrative procedures

The administrative procedure (formerly Method II ) is applied to administrative measures or for programs with significant impact on the budget. The Council here has a greater control competence as the advisory procedure. In particular, he may, if the committee rejects the Commission's proposal to take independent decisions otherwise; he does not have this option in the other methods.

• If the Committee has not delivered an opinion or approved the measures in his opinion, they are directly applicable.
• Where the Committee has rejected the measures in his opinion, they are notified to the Council. The implementation of the measures adopted may be deferred for up to three months. Within the same period, the Council may adopt a decision: Does the Council agree the Commission's measures to or he does not comment, enter the suggested by the Commission in force.
• Where the Council ( by qualified majority) a rate different from the proposals of the Commission decision, that the measures adopted by the Council in force.

Regulatory procedure

The regulatory procedure (formerly Method III ) is applicable for measures of general scope or when it may be changed by the implementing measures provisions of the original act (so-called " quasi-legislative measures "). Unlike the administrative procedures of the Committee must specifically approve the Commission's proposals here; this is in practice, however, the rule. Not true to the Committee, the Council will deal with the question. Unlike the administrative procedure the Commission's proposals, however, he can only accept or reject, he can take no contrary decisions.

• Has the committee approved the measures in his opinion, they are directly applicable.
• The Commission, the Committee has not delivered an opinion or reject the measures in its opinion, submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament. If the European Parliament considers that a Commission proposal goes beyond its implementing powers, it shall inform the Council of this opinion; However, it has no other choices. The Council shall within a period of three months, the Commission's proposal on or it decides otherwise, the Commission submitted the proposal to enter into force.
• The Commission to the Council Speaks out within a period of three months against the proposal, must re-examine the proposal. You can then either submit an amended proposal or the old submit again.

Regulatory procedure with scrutiny

The regulatory procedure with scrutiny (French Procédure de réglementation avec contrôle, also abbreviated PRAC ) was introduced in 2006 and intended to strengthen the influence of the European Parliament against the comitology committees. It complies with the regulatory procedure, but the Parliament has veto rights on the Commission's proposals. The regulatory procedure with scrutiny replaces the ordinary regulatory procedure with all basic acts that have come under the co- existence. It takes a bit longer than the standard regulatory procedure in order to allow a more thorough parliamentary scrutiny.

• Has the committee approved the measures in its opinion, be referred to the Council and the European Parliament shall be notified immediately to the control. In this regard is a period of three months which may be extended by one month. If there are no objections, the Commission submitted the proposal to enter into force.
• If the Parliament, from ( with a majority of its members) or the Council ( by qualified majority) the proposal, the Commission shall submit to the Committee an amended proposal.

• Where the Commission refuses the Council this proposal by qualified majority within a period of two months (with the possibility of a one-month extension ) from, submit to the Committee an amended proposal.
• If the proposal is adopted by the Council by a qualified majority or the Council to reach a decision, the European Parliament shall, within a period of four months (with the possibility of a one-month extension ): If there are no objections, the Commission submitted the proposal to enter into force.
• The Commission, if the Parliament ( by majority vote of its members) the proposal, submit to the Committee an amended proposal.

In cases of particular urgency, an implementing measure under the regulatory procedure with scrutiny immediately be adopted if the committee has agreed. In this case, Council and European Parliament have one month to comment on the proposal. If one of them rejects the proposal, the Commission is the implementing measures be repealed; However, they can maintain the grounds of health, safety or environmental protection makeshift until the entry into force of new measures. However, the Commission must then without delay, submit to the Committee a revised measure proposal.

Method to take protective measures

The procedure for the adoption of safeguard measures is not a comitology procedure in the strict sense, as then no comitology committee is applied. It is applied when the Commission is empowered to act in a protective measures, as was done in terms of the BSE cattle scandal in Britain.

In such a case, the Commission may adopt implementing measures on its own first. However, you must inform the Council thereof. This can then (in each case by a qualified majority ) confirm, amend or repeal the measures taken by the Commission. It can also be controlled so that the Commission's action by itself be canceled if they are not acknowledged within a specified period by the Council. The exact design of the process for adoption of safeguard measures must be discussed in the relevant basic act to which it refers.

Comitology after Lisbon

With the Inkfrafttreten of the Lisbon Treaty, the old comitology decision 1999/468/EC shall be null and void. There are only two methods which are governed by Regulation ( EU) No 182/2011: the advisory procedure laid down in Article 4 of the Regulation and the test procedure ( examination procedure ) under Article 5 of Reg. These procedures govern the adoption of implementing acts to be adopted on the basis of basic instruments. Article 291 TFEU is the primary legal basis, which opens up the possibility to adopt implementing acts because of basic instruments.