Informal trilogues have become a standard operating procedure in the European Union's ordinary legislative procedure. Generally, their occurrence is seen as a tradeoff in which speed is prioritized over inclusive decision making. Hence, a relationship is assumed between intra-institutional processes and inter-institutional interactions. This article therefore tries to explain the number of informal trilogues in first readings. The contribution of this analysis is twofold. First, it shows that intra-institutional political processes such as contestation of the rapporteur's preferences, politicization inside the Council and the number of shadow rapporteurs matter. Second, it for the first time measures the number of informal trilogues directly for the full population of post-Lisbon legislative files.
The Lisbon Treaty represented a rare opportunity to redesign parliamentary control of the European Commission's delegated powers. The new Treaty distinguishes between delegated and implementing acts and specifies that comitology rules must be decided by a co‐decision regulation. This necessitated a reform of the comitology system, which was decided in December 2010 after protracted inter‐institutional negotiations. This article asks why the new control system took its final form. The negotiations as a game of control positions are analyzed and the course of the negotiations is traced through documents and interviews. Support is found for the article's hypotheses, but it is also the case that events in some respects went further than expected.
Significant parts of the EU's legislative process remain shrouded in secrecy. In informal trilogues, representatives of the three main institutions negotiate compromises behind closed doors which are subsequently rubber-stamped in public meetings. While most research on (EU) transparency focuses on the availability of documents, this article investigates how much information on trilogue proceedings is shared with the general public through European Parliament (EP) committee meetings as the only forum to which public account must be rendered during the negotiation process. This article analyses the degree to which trilogues are reported back on, and the quality of feedback provided. Although the EP requires its trilogue negotiators to report back to its committees after each trilogue, the majority of trilogues is not reported back on at all, or not in time. Where feedback is given, its quality is often only poor. The EP thus does not deliver on its promises, which seriously undermines the legitimacy of the EU's legislative process.
The European Parliament, like any parliament, needs information for scrutinizing executive decision-making. But how does it process this information in practice? This article focuses on the European Parliament's increasing grip on 'comitology' decisionmaking: committees composed of national civil servants, producing executive measures that are adopted by the European Commission. Two types of changes are addressed: organizational changes and changes in working methods of EP staff. The analysis shows that the European Parliament has effectively built up a system of decentralized policepatrol oversight, but not following more information rights as such but rather as a result of its increasing political powers. The article concludes that information only affects the behaviour of the European Parliament in combination with very specific as opposed to quite general or diffuse political rights.
Points for practitionersThis article traces the effects of information on the functioning of the European Parliament as an accountability forum. It concludes that information only makes a difference when coupled with very specific as opposed to very general or diffuse political rights.
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