Better Law Making Essay -- essays research papers

COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 5.6.2002 COM(2002) 275 final COMMUNICATION FROM THE COMMISSION European Governance: Better lawmaking . .. 2 Accountability, effectiveness, proportionality In July 2001, the Commission presented its White Paper on European Governance. The basic message was a simple one and is as topical now as it was then: we need to govern ourselves better, together – European institutions and Member States. We can do this without changing the Treaty, without necessarily wait ing for the successful outcome of a new intergovernmental conference. Better governance together means active cooperation between the European Parliament, the Council, the Commission and the nat ional governments so that the people of Europe can see more clearly how they fit into major projects and into the EU's day-to-day business. One thing we have to acknowledge is the richness of the Community method. Compared wit h other systems of internat ional relat ions, it produces rules which can be applied in any nat ional context and which have the backing of legal certainty. But this very success raises further questions. There are a lot of complex issues at stake now in enacting good European legislat ion which is mindful of the principles of subsidiarit y and proportionalit y. People nowadays take an interest in the effectiveness of the rules handed down "from Brussels" and the way they are drawn up. The advent of a democratic conscience is strengthening the need for accountability and proportionality in the way powers vested in the European inst itutions are exercised. This need is expressed more especially in transparency, clarity and the willingness to stand up to scrutiny. What we have here, then, is a veritable ethical requirement. The resolut ion adopted by the European Parliament in November 2001 in the wake of the Kaufmann report strengthens this requirement still further. By clearly stressing the primacy of polit ical accountabilit y behind legislat ive act ion, the resolution brings out the need for more transparent, equitable and disputational consultat ion: it is the very qualit y of the legislat ion which is under scrutiny. Three communications for better lawmaking Inspired by this resolution and by the init ial react ions during the consultat ions on the White Paper concerning the "better law... ...ve is the indispensable counterpart to majorit y voting in the Council, in as much as the Commission's right of init iat ive guarantees vital minorit y interests when it comes to defining the general interest. In tomorrow's world, this balanced view of the general interest will be even more important with a view to ensuring its autonomy, and that is the very point of the action plan for better lawmaking. Similarly, the complementarit y between the inst itutions, which is at the very heart of the unique Communit y system, will mean having to consolidate this refocusing effort, as prompted by the governance reforms, and for reasons of accountability, proportionality, transparency and legal certainty. And finally, with the move towards more rationalised consultations, the systemat ic and a priori consideration of the impacts the proposed legislat ion will have, we are touching on the vital quest ion of the intensit y of Communit y act ion, lying at the very heart of the balance between effect iveness and the preservat ion of diversit ies which should, according to the Laeken declarat ion, help to clarify the way powers are exercised between the EU and its Member States.