National democracy pushing back: European Commission shown its second ever 'yellow card'

The European Commission has just been shown its second ever 'yellow card'. Remember, this is the provision introduced by the Lisbon Treaty, stating that if one third or more national parliaments object to an EU proposal on subsidiarity grounds (within an eight week window), then the Commission has to reconsider the proposal. In theory, the Commission can choose to ignore parliaments (one of our long-standing criticisms of the mechanisms). However, in fairness, the last time the yellow card was issued - in the case of the so-called 'Monti II' Regulation on the right to strike - the Commission did scrap the thing.

National parliaments from eleven EU member states - the UK, Czech Republic, Cyprus, France, Hungary, Ireland, Malta, Netherlands, Sweden, Romania and Slovenia - have now complained that plans for a European Public Prosecutor Office (EPPO) breach the subsidiarity principle.

According to the Lisbon Treaty, the establishment of the EPPO requires unanimity, and the UK would have sought to opt out, but that also means that other EU countries could have pressed ahead with this without Britain.

So the move is still significant for a few reasons:

• It is another example of how national parliaments are increasingly pushing back against EU centralisation, and how little appetite there is for 'ever closer union' (the Commission's proposal was limited, with the prosecutor only being responsible for investigating fraud involving EU funds).

• It shows national parliaments can agree. In total, 15 chambers from eleven EU member states objected to the idea. Bear in mind that an objection raised by a chamber from a country whose parliament is unicameral (e.g. Sweden or Cyprus) counts as two votes. Therefore, to some extent, it counters the argument that a new 'red card' system allowing a group of national parliaments to block unwanted EU proposals - which we have supported for a while - would not work because national parliaments would not get their act together. 

The ball is now in the European Commission's court. It will take quite a bit of nerve to ignore 15 more or less democratically elected chambers (*ehum*) in Europe....

This is welcome stuff: David Lidington says national parliaments could be given a 'red card' over EU proposals

National Parliaments' should be allowed
to show the EU the red card

This is an idea that's very close to our hearts - and an idea that we have promoted for a very long time.

The first bits of UK Europe Minister David Lidington's interview with German daily Die Welt have just been published on the paper's webpage. We'll have to wait until tomorrow to see the full version. But from what we can see so far, Lidington's interview is likely to reverberate quite a bit across Europe.

He said,

"Perhaps we should lower the threshold for national parliaments to take action against initiatives from Brussels; perhaps we should introduce the principle of a 'red card' so that a given number of national parliaments can block initiatives from the [European] Commission."

Sounds familiar? Well, the 'red card' was first advocated by Open Europe in 2011 in our report 'The case for European Localism'. And again by Lidington's PPS Tobias Ellwood MP in a publication for Open Europe in December 2012, where he argued:

"Any future [EU] Treaty change should include some system of the red card system with the right quota and powers."

A red card is an improvement over a yellow

Open Europe's Director Mats Persson pushed the idea in the Telegraph here in January. Under the Lisbon Treaty, if a third of national parliaments show the Commission the current 'yellow card', the Commission is obliged to reconsider its proposal and explain why it wants to change it, scrap it or push ahead with it. To date, the Commission has withdrawn a proposal in only one case after being shown the 'yellow card' - the so-called 'Monti II' Regulation on the right to strike.

However, this provision has several weaknesses. First, it doesn't oblige the Commission to actually drop the proposal, but only to reconsider it. So it's a far cry from a veto. Secondly, it's only supposed to happen on 'subsidiarity' grounds - and not on 'proportionality'. Thirdly, a third of parliaments are supposed to agree within an eight-week window, meaning that if the Commission tables a proposal in August or September - when most parliaments are in recess - it can basically push ahead with anything.

In other words, it really doesn't do that much to close the EU's infamous democratic deficit. Nor to strengthen the powers of national MPs - an aspect which, as we've argued repeatedly, is absolutely vital if the EU is to regain democratic legitimately.

Therefore, a 'red card' provision giving a certain number of national parliaments acting in unison (the threshold needs to be discussed) an actual veto right, would be an absolutely massive improvement. This is also an area where the UK will have support from Germany and others if it pitches it right.

In the interview, Lidington also pointed out that several times in the past,

"the content of [EU] treaties has been interpreted in a way which was not desired or expected at the time the treaty changes were decided on. Sometimes, the European Commission or the European Parliament try to expand the boundaries of their competences." 

The Europe Minister also stressed that the EU's single market for services is "painfully underdeveloped". echoing similar remarks on the importance of deepening the single market before. However, this time they come after he said that Open Europe's proposals to reignite the EU's services sector and boost EU-wide GDP by up to €294bn were "interesting" and "worth exploring".

More please!