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Challenges in Constitutional Affairs in the New Term: Taking Stock and Looking Forward

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Challenges in Constitutional Affairs in the New Term: Taking Stock and Looking Forward DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS CONSTITUTIONAL AFFAIRS Challenges in constitutional affairs in the new term: taking stock and looking forward Workshop for the AFCO Committee PE 509.992 EN This workshop was requested by the European Parliament's Committee on Constitutional Affairs. AUTHORS Yves Bertoncini Uwe Puetter Olivier Costa Wolfgang Wessel Monica Claes Steve Peers Carlos Closa Montero Luciano Bardi Enrico Calossi Marta Ballesteros David Coen RESPONSIBLE ADMINISTRATOR Mr Petr NOVAK Policy Department C - Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSION Original: EN Translations: DE/FR ABOUT THE EDITOR To contact the Policy Department or to subscribe to its newsletter please write to: [email protected] European Parliament, November 2014. © European Union, 2014. DISCLAIMER The opinions expressed in this document are the sole responsibility of the authors and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. Challenges in constitutional affairs in the new term: taking stock and looking forward __________________________________________________________________________________________ LIST OF ABBREVIATIONS AECR Alliance of European Conservatives and Reformists AEN Alliance for Europe of the Nations AENM Alliance of European National Movements AFSJ Area of Freedom, Security and Justice AGRI Agriculture and Rural Development Committee AIDE Alliance of Independent Democrats in Europe ALDE Alliance of Liberals and Democrats for Europe BVerG Bundesverfassungsgericht (German Constitutional Court) CJEU Court of Justice of the European Union COSAC Conférence des Organes Spécialisés dans les Affaires Communitaires EAF European Alliance for Freedom EC European Community ECG European Green Coordination ECPM European Christian Political Movement ECR European Conservatives and Reformists ECSC European Coal and Steel Community ED European Democrats EDP European Democratic Party EFA Alliance Free Europe EFD European of Freedom and Democracy EFGP European Federation of Green Parties EGP European Green Party 5 Policy Department C: Citizens' Rights and Constitutional Affairs __________________________________________________________________________________________ EL Party of the European Left ELDR European Liberal Democrats and Reformists EMU European Monetary Union EP European Parliament EPP European People’s Party ESM European Stability Mechanism EU European Union EUD Alliance for a Europe of Democracies G-EFA Greens-European Free Alliance Group GUE/NGL Confederal Group of the European United Left/Nordic Green Left JHA Justice and Home Affairs MELD Movement for a Europe of Liberties and Democracy MEP Member of the European Parliament MS Member States PES Party of European Socialists PFEL Political foundation at European Level PoG Party on the Ground PPEL Political party at European Level S&D Group of the Progressive Alliance of Socialists and Democrats TESM Treaty on the European Stability Mechanism TEU Treaty on European Union TFEU Treaty on the Functioning of the European Union TR Transparency Register TSCG Treaty on Stability, Cooperation and Governace (Fiscal Compact) 6 Challenges in constitutional affairs in the new term: taking stock and looking forward __________________________________________________________________________________________ CONTENTS PANEL I - INTER-INSTITUTIONAL RELATIONS ..............................................8 The Juncker Commission and new institutional and political set-up (Yves Bertoncini) ....................................................................................................................9 European Council and the Council: perspectives on new dynamics in EU Governance (Uwe Puetter) ....................................................................................................................... 18 Quels sont les défis pour le Parlement européen ? Législation, contrôle et organisation (Olivier Costa) ...................................................................................................................... 26 PANEL II - CONSTITUTIONAL EVOLUTION OF THE EU .............................. 36 Differentiation of the governance in the European Union and challenges of democratic legitimacy (Wolfgang Wessels)............................................................................................................ 37 National constitutional orders and deepening of the European integration (Monika Claes)..................................................................................................................... 47 Trends in differentiation of the EU Law and lessons for the future (Steve Peers) ......................................................................................................................... 59 Looking ahead: pathways of future constitutional evolution of the EU (Carlos Closa Montero)...................................................................................................... 66 PANEL III - EUROPEAN DEMOCRACY ......................................................... 75 The structure of the Europarty system after the 2014 elections of the European Parliament (Luciano Bardi) .................................................................................................................... 75 European Parliament Political Groups and European Political Parties: between cooperation and competition (Enrico Calossi) .................................................................................................................... 87 European Citizens' Initiative - assessment of first lessons (Marta Ballesteros) ...........................................................................................................103 PANEL IV - TRANSPARENCY REGISTER .................................................... 111 Constitutional and institutional aspects of lobbying (David Coen) ......................................................................................................................111 7 Policy Department C: Citizens' Rights and Constitutional Affairs __________________________________________________________________________________________ Panel I - Inter-Institutional relations Assessing the EU inter-institutional dynamics after the EP elections Yves Bertoncini The Juncker Commission and new institutional and political set-up Uwe Puetter European Council and the Council: perspectives on new dynamics in EU Governance Olivier Costa Which challenges are there for the European Parliament: legislation, organisation and scrutiny / Quels sont les défis pour le Parlement européen ? Législation, contrôle et organisation 8 Challenges in constitutional affairs in the new term: taking stock and looking forward __________________________________________________________________________________________ Panel I - Inter-Institutional relations The Juncker Commission and new institutional and political set-up Yves Bertoncini The Juncker Commission has been formed within a new legal, institutional and political context, which has a direct impact on the way its legitimacy will be perceived in the next few months and years. It is essential to analyse the underlying political factors structuring this legitimacy and to analyse the impact of the changes already visible as regards the Barroso Commission as well as of some other evolutions which could take place in the course of the new legislature. In this perspective, it is worth underlining that the Commission’s legitimacy will go on depending on the double confidence of both the European Council and the European Parliament, and that it can be assessed in connection with three main sets of issues: 1. The composition of the Juncker Commission: a twofold legitimacy test quite successful 2. The organisation and functioning of the Juncker Commission: a welcome change to be confirmed 3. The Juncker Commission’s actions and output: a key issue for its legitimacy 9 Policy Department C: Citizens' Rights and Constitutional Affairs __________________________________________________________________________________________ 1. The composition of the Juncker Commission: a twofold legitimacy test quite successful As the Commission members are not directly elected, the legitimacy of the Commission comes from the Member states as well as from the European parliament; this twofold legitimacy corresponds to the dual nature of the EU (a Union of citizens and a Union of states). The “representativeness” of the Juncker Commission then lies on the fact that its members come from all the Member states (one commissioner each). It also derives from its link with the European Parliament elections, as its members have been collectively endorsed by the European Parliament (which can also censure the College. In this framework, the Juncker Commission appointment appears to have matched quite successfully the main political criteria to be met as regards the legitimacy of the composition of this institution, be they national, political or personal. 1.1. The distribution of tasks between the members of the Juncker Commission It is worth nothing that a desire for balance has emerged during the designation of the Juncker Commission and the distribution of tasks among its
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