Comités de investigación en el Parlamento Europeo: ¿qué son? ¿cómo operan?
29 enero, 2020
In this post, we examine the committees of enquiry set up by the European Parliament as an accountability mechanism, following the 4-stage theoretical framework on accountability. The framework builds on Bovens’s ‘accountability as social relationship between the account holder (the watchdog) and the accountable body (the subject)’ theoretical framework, and examines the legal framework binding both subjects in the relationship, as well as the intrainstitutional mechanisms that constrain their willingness to hold to account or, alternatively, be held to account. In doing so, we take into account four dimensions: transparency, reporting, questioning, and liability.
of enquiry represent one of the accountability mechanisms allowing the European
Parliament to oversee (as “watchdog”)
the implementation of EU law and policies. The wording of Article 226 TFEU (the
legal base for these committees) does not limit the reach of the EP to EU
bodies; thus, any national body can also become the “subject”, provided they are questioned on their involvement in the
implementation of EU law [the treaty shapes committees of enquiry “to
investigate, without prejudice to the powers conferred by the Treaties on other
institutions or bodies, alleged contraventions or maladministration in the
implementation of Union law”].
framework governing these committees is found in the above mentioned Article 226
TFEU, complemented with 208 TFEU and the EP Rules of Procedure. Additionally, Decision 95/167/EC of the
European Parliament, the Council and the Commission of 19 April 1995 offers
detailed provisions on the exercise by the EP of its right of inquiry. The
shortcomings of the 1995 Decision have prompted the EP to adopt a Regulation establishing
a far-reaching remit for the committees of enquiry. A 2012
proposal was rejected by the legal services of both the Commission and the
Council on grounds that it exceeded the mandate of Article 226 TFEU. After a
number of years of interinstitutional deadlock, it was finally agreed by the
three institutions on 10 October 2016 that their respective legal services
would meet to find possible common technical clarifications on the pending
legal and institutional issues raised by the Council and the Commission.
However, the lack of progress suggests however yet another frozen conflict
between the Parliament and the Council (alongside the conflict on whether the
Parliament can hold to account the Council’s financial management of its own
administrative funds), the Commission playing an uncertain role in-between.
bone of contention between both institutions seems to be the EP’s right of
access to information. especially when
the scope of the projected enquiry goes beyond European affairs and thus the accountable
subject will leave the Commission aside and involve the Council or individual
Member States. Prominent examples include the PANA (enquiry on money laundering
following the publication of the Panama Papers) and EMIS (irregular carbon
emissions by vehicules following the Volkswagen scandal) committees.
accountability dimension measures the publicity of works by the committee (as
watchdog) and the subjects. The EP adheres to the publicity rules
dimension examines whether the watchdog institution can legally summon the
subject to attend an enquiry meeting and whether that subject is legally bound
The EP lacks powers to enforce its right of enquiry against the will of the subject, as shown in the PANA committee. Preparation works in that committee took place through several missions to various countries (EU and non-EU, e.g. USA) but the committee encountered difficulties to obtain answers from certain national officials, who declined EP’s invitation to give testimony (among them, the Maltese PM, the UK Treasury, some Luxembourg tax agency officials). The EP could only reflect their refusal in the concluding report of the 2017 PANA committee.
dimension examines whether the watchdog (here, the European Parliament) may
issue negative judgement of the subject’s behaviour, and whether the subject
can oppose that.
framework of committees of enquiry does not allow a potential contradictory
procedure between the EP committee and the subject. Therefore, the subject does
not get to monitor or amend the way in which the EP assesses or filters the
testimony given by the subject. The subject is overall defenceless against the criticism
of the EP committee. The breadth of such criticism will depend notably on the interplay
between the committee rapporteur and shadow rapporteur, and how the rest of committee
members assess the respective stances of the two of them. As a result, the
committee report offering conclusions may offer a softer or tougher judgment on
the subject matter of the enquiry.
An example of the tougher criticism by the EP is the report of the enquiry committee on the BSE crisis (mad cows disease) determined that responsibility was shared by the UK, the Council and the Commission. The Committee was specially tough on the UK government, who failed to respect the national prohibitive legislation outlawing meat exports, and put pressure on the Commission not to include anything related to the BSE in its general inspections.
of enquiry are not, as such, instruments allowing for the imposition of
sanctions against the subject. Their reach is exhausted, strictly speaking, at
the ‘criticism’ stage.
Neither the Rules of Procedure, nor the regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament’s right of inquiry established any provision regarding sanctions.
to Article 208 of the Rules of Procedure establishes that “a committee of inquiry
shall conclude its work by presenting to Parliament a report on the results of
its work”. But, the document may only include some recommendations that are not
binding, so the institutions and Member States may take them into consideration
action that the European Parliament could carry out is to “forward to the institutions
or bodies of the Union or to the Member States for transmission to the
competent authorities any recommendations which it adopts on the basis of the
final report”. As a result of the previous conclusion, the subject´s
perspective is clear because it is not obliged to bear the sanctions (capacity)
and it does not want to (willingness) due to the fact that there is no
sanctions. Nevertheless, although there are not sanctions, the subject may be
equally liable if, after the investigation, a Court examines the facts and
decides that they deserve a punishment within the realm of law.
enquiries have known substantial follow-up when the conclusions feed into MEP’s
discontent in a way that lead to the further imposition of sanctions at the EU
or national level. For instance, the process leading to the 1999 collective
resignation of the Santer Commission was rooted in the conclusions of the group
of independent experts set in the framework of the enquiry rights of the EP.
research and analysis for this post was made by Ane Calvo and María Ferruelo,
Deusto Law School students.