Comitology

Comitology in the European Union refers to a process by which EU law is modified or adjusted and takes place within 'comitology committees' chaired by the European Commission. The official term for the process is committee procedure. Comitology committees are part of the EU's broader system of committees that assist in the making, adoption, and implementation of EU laws. The comitology system was reconfigured by the Lisbon Treaty which introduced the current Articles 290 and 291 TFEU. Whereas Article 291 TFEU provides for a continuation of implementation of EU law through comitology, Article 290 TFEU introduced the delegated act which is now used to amend or supplement EU legislation, whereas beforehand this was also done through comitology. All legislatures have a system of delegating detailed implementing measures to the executive. At EU level too, the European Parliament and the Council of the European Union can confer such powers on the Commission. However, the Commission must act in conjunction with committees of representatives of member states who often have the power to block the Commission and refer the matter to the Council. It is the confusing number of committees that gave rise to the term 'comitology'. A report from the British House of Lords said, 'There is no definitive list of comitology committees, their functions, activities and membership'; however, since the European Commission started to maintain a list, it states that 'A list of 'comitology' committees is published as an Annex to the Annual reports on the work of these Committees as well as in the Register of Comitology.' Moreover, the strongest criticism pertained to the fact that the elected European Parliament (EP) had no right to block implementing measures: only the comitology committees could do so, and if they did, the proposal was referred to Council alone, even when the initial delegation of powers was through an act adopted jointly by both Parliament and Council under the co-decision procedure. Parliament argued that the system lacked transparency and democratic control. After years of complaint by Parliament, a significant reform placing Parliament and Council on an equal footing was to be introduced by the Constitutional Treaty. Since the latter did not get ratified, the Parliament insisted that the envisaged changes would be introduced through secondary law. An agreement was reached in 2006 and a new procedure, the regulatory procedure with scrutiny, was introduced, to be used when non-essential elements of EU legislation adopted under the co-decision procedure required amendment or supplementation.