WHO IMPLEMENTS INTEGRATION?
An institutional analysis of comitology
2000 Volume 2000 Issue 20 Pages 72-90,333
Details
2000 Volume 2000 Issue 20 Pages 72-90,333
This article analyzes a committee procedure as a part of decision-making mechanism of implementation measures within the EU. It is called “comitology”.
Three types of committees (Advisory, Management, Regulatory) are formed in order to express opinions on the relevant Commission proposal of an implementation measure, each committee composed of representatives of the Member States and chaired by a Commission representative.
“Comitology” first appeared at the launch of the Common Agricultural Policy (CAP) in 1962 as an ad hoc measure, brought in as a result of the structural necessity of the EEC that foresaw a need for systemic cooperation between the European and national levels when implementing policies. It has gradually spread to other fields where the implementation power was conferred from the Council on the Commission.
“Comitology” has provoked questions about its legitimacy because of the lack of democratic control, and about the meaning of the delegated power in relation to the institutional balance (division of power) in the EU. The former was symbolized by the exclusion of the European Parliament from the procedures, the latter by the fact that in case of a negative or no opinion of a regulatory committee, the final decision was to be taken by the Council.
The recent Council Decision of 28 June 1999 on comitology intended to resolve some of these problems. The EP was given the legal right to express an opinion, committees are now to publish annual reports, criteria for the choice of a committee were set up, and legislative and executive powers were clarified through the simplification of procedures. These changes may not be much more than a realignment of the status quo. However, expert groups representing various sections of the public have been created along with comitology committees in the RTD field. The combined qualification as “experts” of officials and members of the public may give a certain type of legitimacy to the EU as an emerging new polity.
