MEPs’ quick-deal concerns

MEPs are concerned that the increasing trend for reaching quick deals with the Council of Ministers is detrimental to the Parliament’s visibility and could lead to poor quality legislation.

A paper which has been approved by the European Parliament’s working group on internal reform says that the majority of laws adopted under the co-decision procedure since 2004 have been agreed at first reading (64% of 125 pieces of legislation). Of all the laws adopted under the co-decision procedure since 2004, 80% were agreed at first reading and ‘early second reading agreements’, the paper says.

In early second reading agreements the Parliament does not have a formal second reading but amendments agreed in informal negotiations with the Council and the European Commission are incorporated in the Council’s common position, which the Parliament then adopts without changes.

The paper says that although this trend demonstrates a "greater degree of trust and willingness to co-operate" among the institutions and "speed, convenience and [a] certain predictability" for plenary votes, there are "serious concerns" inside and outside the Parliament about the "potential lack of transparency and democratic legitimacy" in informal first reading negotiations and about the "quality of adopted legislation".

There is "too much focus on fast-track negotiations at the expense of an open political debate within and between the institutions", the paper says. The trend for early deals "does not increase Parliament’s visibility in the public and the media who are looking for political confrontation along clear political lines and not for flat, ‘technocratic’ debate", it adds.

The paper says that "the Parliament should make use of all possibilities offered by all stages of the co-decision procedure", ie, two readings and conciliation. The decision to work for an early agreement should be ad hoc and should be individually justified, for example in terms of political priorities.

Graham Watson, leader of the Alliance of Liberals and Democrats for Europe, said: "For technical or non-controversial matters, there is no point dragging out the decision-making process over several years if agreement can be reached more quickly at first or second reading. But he process must be transparent on both sides."

The paper notes that the civil liberties (LIBE) and economic and monetary affairs (ECON) committees agreed most of their dossiers in first reading while the committees for the environment, public health and food safety (ENVI) and transport and tourism (TRAN) were more likely to use all three readings. LIBE agreed 19 out of 23 pieces of legislation in first reading and ECON ten out of eleven. Out of a total of 38 decisions, ENVI agreed 15 in first reading, 14 in second and nine in conciliation while of a total 29, TRAN agreed 13 in first reading, 11 in second reading and five in conciliation.

The paper also notes that only 17 proposals have been agreed in conciliation since 2004 compared to an average of 17 a year in 1999-2004. These included two rejections of Commission proposals on a takeover directive and liberalisation of port services.

The paper is part of moves to increase the effectiveness and visibility of the Parliament in the run-up to the June 2009 elections and to prepare for the entry into force of the Lisbon treaty, expected next year.

The treaty will increase MEPs’ powers, raising the number of policy fields where Parliament has co-decision rights from 44 now to around 90.

The paper notes that the expansion of co-decision will have a major impact on the workload of the agriculture, fisheries and international trade committees (which will start working under the codecision rules for the first time) as well as leading to a "dramatic increase in co-decision activity" for the civil liberties committee.

MEPs are concerned that the increasing trend for reaching quick deals with the Council of Ministers is detrimental to the Parliament’s visibility and could lead to poor quality legislation.