Combatting the democratic deficit
01 January 1991
Combatting the democratic deficit
artdoc August=1994
Parliaments in two countries, the Netherlands and Italy, have
adopted legislation to try and make their governments accountable
for proposals they agree via the Executive Committee of the
Schengen Agreement and in the European Council of Ministers.
The Netherlands States General (Dutch parliament) passed the
Law of 17 December 1992 on the Maastricht Treaty and the Law of
16 March 1993 on the Schengen Implementing Agreement which says
that `before any kind of decision-making' on proposals to go
before the Council of Interior and Justice Ministers must be
submitted to the parliament for approval as soon as the final
draft proposal, resolution or agreement is available. Approval
is automatically given if the parliament does not register within
15 days its intention to give an opinion. Provision is made under
both laws for the parliament to treat a proposal as confidential
if `exceptional circumstances of a compelling nature require that
the draft should be considered as having a secret or confidential
character'.
In Italy under the Law of 30 September 1993 approving the
Schengen Implementing Agreement a parliamentary control
Commission has been set up. It is comprised of 20 members, ten
from the Senate and ten from the Chamber of Deputies. It is
empowered to examine proposed decisions and if necessary to delay
Italy's agreement in order to give its advice. If it does not
request a delay or give advice within 14 days its approval is
assumed. The law also sets down that all decisions and their
implications for Italy should be published in the official
government journal within fourteen days.
Standing Committee of experts on international immigration,
refugee and criminal law, Utrecht, Netherlands.
Statewatch, Vol 4 no 4, July-August 1994