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EU: Confusion over new comitology rules coming into force on 1 March

01 February 2011

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EU: Confusion over new comitology rules coming into force on 1 March: Commission official Tenreiro conceded in parliamentary debate: "even Commission officials admit that comitology is difficult for citizens to get to grips with. "I must admit that for the general public the new rules are a step back for transparency"": See: EU lawyers struggle with new 'comitology' rules (euractiv, link). The Comitology committees will have to decide whether EU legislation is classified as a delegated act (Article 290 of the Lisbon Treaty) or implementing act (Article 291): a distinction "which is by no means clear at the moment." Tony Bunyan, Statewatch Director, comments:

"When the new comitology Regulation comes into force the Commission will be obliged to provide even less public information than it does at present. Citizens and civil society will not be able to track the procedure because there is no obligation to make the documents under discussion public - until the decision has been taken. Though MEPs have a say they will struggle to take on the additional task of scrutinising hundreds of measures going through every year. The new procedure represents a major step backwards for openness and accountability."

Background: New Comitology Procedures: Regulation laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (pdf). Introduces two new comitology procedures: the "examination procedure" or "advisory procedure". See critique of Article 10 which severely limits the information to be publicly available: EU: Deepening the democratic deficit: the failure to “enshrine” the public’s right of access to documents (pdf) by Tony Bunyan: See also: Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty (pdf) by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan.

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