The effect of European Union membership on national Parliaments : a comparative study

Abstract

How do EU membership and EU integration impinge upon national Parliaments? This is the fundamental question that echoes throughout this thesis. Answers and explanations are presented in the respective chapters. Chapter one lists the three general functions of national Parliaments in a democratic society and explains the historical roots of the UK, Italian and Maltese Parliaments. The purpose of this chapter is to portray the traditional picture of a national Parliament. However, hints that Parliament's classical role is being eroded are purposely placed. Chapter two describes the EU edifice: its history, its decision-making process and four contemporary legal issues relevant to national Parliaments are discussed. The national Parliament's itinerary within every EU Treaty is mapped out; this voyage ends by tackling the proposed EU Constitutional Treaty and its respective Protocols, namely the 'Protocol on the Role of National Parliaments in the European Union' and the 'Protocol on the Application of the Principles of Subsidiarity and Proportionality'. This chapter introduces and discusses the term 'deparliamentarization'. The objective of Chapter three is to illustrate the reactions of the EU and of national Parliaments to limit 'deparliamentarization'. CO SAC and the two types of European Affairs Committees are discussed. This chapter concludes by giving examples of initiatives suggested to strengthen the national Parliaments' voice. Chapter four examines the case studies of the UK and Italy. Their respective EU Acts and scrutiny committees are analyzed. A thorough look is given at their respective Committee Standing Orders. Chapter five turns its attention to Malta. Following the pattern set out in chapter four, this chapter examines the EU Act of2003, and the SCFEA. It concludes by listing a number of proposals so that the Maltese Parliament does not lose out on the opportunity to become an actor in the EU decision-making process. The conclusion of this thesis puts to the fore the idea of a full circle. National Parliaments are considered as the basis of any democratic system. However, as a result of EU integration, national Parliaments were initially sidelined. Since the TEU Declarations national Parliaments began gaining ground. Were the EU Constitutional Treaty to be adopted, Parliament would be equipped with the necessary tools to play a more important role. The ball now rests at the national Parliaments' feet; they must reorganize themselves administratively. Hence, the full circle concept.