Houses of Abstention or Houses of Reflection? Upper Houses in EU Member States and the Ex ante Scrutiny of EU Legislation

Abstract:

Scholars interested in the role of national parliaments in the EU legislative process hardly paid attention to the differences in scrutiny between Upper Houses of EU member states. It is hypothesized in this article that structural differences between bicameral systems can explain differences between Upper Houses in scrutiny of EU legislative proposals. The hypotheses are assessed with a qualitative content analysis of parliamentary debates in the Dutch and British Upper Houses on the scrutiny of EU directives agreed upon through the ordinary legislative procedure in the period 2000–2010. The empirical findings indicate that differences in the set-up of bicameral systems can only in part explain the variation in ex ante scrutiny. Moreover, in both the British and Dutch bicameral systems, MPs of the Upper and Lower Houses most of the time do not contradict each other on substantive grounds when the same EU legislative acts are scrutinized. The results also show that the scrutiny by Upper Houses improves the output legitimacy of the EU legislative process.