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No. 41 (773), 23 April 2015 © PISM
Editors: Marcin Zaborowski (Editor-in-Chief) . Katarzyna Staniewska (Managing Editor)
Jarosław Ćwiek-Karpowicz . Aleksandra Gawlikowska-Fyk . Artur Gradziuk . Dariusz Kałan
Piotr Kościński . Sebastian Płóciennik . Patrycja Sasnal . Marcin Terlikowski
The “Green Card” Opportunity:
Time to Rethink
Parliamentary Engagement in EU Affairs
Karolina Borońska-Hryniewiecka
National parliamentarians, together with their European Union counterparts, will gather in Riga at the
turn of May and June 2015, to discuss ways in which to strengthen the role of parliaments in EU
governance. One of the ideas is the so-called “green card,” enabling national parliaments to make
suggestions for EU legislative proposals. Yet, as the climate of distrust between national parliaments
and the European Parliament (EP) increases, the project might not get past the debating stage. In such
a case, parliaments will either have to re-define their role in the EU, or they will hang as toothless
watchdogs in the institutional limbo.
Amidst complaints about the EU’s democratic deficit and lack of transparency, hardly anybody today questions the
need to strengthen parliamentary oversight of EU policy-making. Yet, while the Treaty of Lisbon formally equipped
national parliaments with powers to scrutinise EU legislation, five years down the line there is little satisfaction as
regards parliamentary engagement in European affairs. Due to its narrow scope, the so-called Early Warning System
(EWS) for subsidiarity control does not guarantee them the desired influence at EU level. Moreover, institutional
reforms such as the Fiscal Pact and the European Stability Mechanism, adopted outside the EU legal framework (thus
outside parliamentary scrutiny) have further weakened parliamentary leverage in economic and fiscal governance.
While the new leadership of the European Commission (EC) has placed special emphasis on forging a new partnership
with parliaments, it has been accompanied by arguments for a more central role for the EP. Such a prospect does not
seem to satisfy parliamentarians, who have come up with the more innovative proposal of a “green card,” based on a
proactive approach towards EU policy-making. However, despite initial enthusiasm, the last few months of testing the
waters suggest that the idea has little chance of being put into operation. The reasons are manifold, but the most
important ones are the lack of a unified parliamentary approach to EU affairs and strained relations with the EP.
The Green Card Fantasy. The idea of a green card, put forward and endorsed by several national chambers
including the British House of Lords (HoL), the Danish Folketing and the Dutch Tweede Kamer, foresees a way for a
group of national parliaments working together to make constructive suggestions for EU policy initiatives, or for
reviewing and repealing existing EU legislation. In principle, to qualify as a green card a proposal should gain an agreed
number of signatories within a specified period of time, and be delivered to the EC within the existing infrastructure
of a “political dialogue,” through which parliaments and the EC exchange views on the contents of EU policy
proposals. According to the author, such a solution would not require a treaty change. Similarly to the European
Citizens Initiative, the EC would consider a green card by publishing a formal response stating whether it intends to
take the proposed action or not, and give reasons for its decision. In January 2015, the EU Committee of the HoL
even put forward three proposals for a trial green card to be considered by national parliaments on issues including
food waste regulation, cross-border bank transaction fees and the creation of a European Business Forum.
The EC’s reaction to the green card initiative has been careful. While in June 2014 it expressed its readiness to
consider national parliaments’ input concerning possible EU legislation or reviews thereof, EC vice-president Frans
Timmermans wrote a letter to the Latvian Saeima in February 2015 that clearly changed the tone. The letter stated