Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-02-05-Speech-2-120"
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"en.20020205.5.2-120"2
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".
The report by Mr von Wogau on ‘comitology’ within financial services – namely, on the Commission’s introduction of implementing measures for legislation in this area – raises a number of very interesting questions, but, in our view, does not always provide the right answer.
The starting point of the discussion is the current wording of Article 202 of the Treaty establishing the European Community, which grants to the Council, and to the Council alone, the responsibility of delegating implementing powers to the Commission, which is contested by the European Parliament. It believes that, given the recent extension in its co-decision power, Parliament should now jointly decide the rules, as well as the implementing measures.
The European Parliament is putting forward some excellent ideas in the von Wogau report, such as the automatic inclusion of a sunset clause in legislative acts, under which any delegation of powers to the Commission with a view to taking implementing measures would be suspended at the end of four years so that its appropriateness can be re-examined. On the other hand, Parliament is departing from its true role in wanting to verify all the implementing measures, and even ‘to attend meetings of the Securities Committee as an observer’. The Council traditionally enjoys two types of powers, executive and legislative. Due to its executive powers, Article 202 grants it a specific role in drawing up implementing measures. The same does not apply to the European Parliament, which has only a legislative role in applying the Treaties, and must not therefore be involved in everything.
Nevertheless, the Commission clearly has a problem when it comes to supervising the drafting of the implementing measures. The European Parliament’s reaction may not be fully appropriate, but it has been triggered by a genuine reason. The next Intergovernmental Conference should respond to this by strengthening the role of the Council in the execution committees, and by strengthening the democratic scrutiny exerted over these committees: the scrutiny of the European Parliament over the Commission’s representatives, possibly, but also the scrutiny of sectoral assemblies made up of national parliaments, which would be exerted over the Council’s representatives."@en1
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