The European Parliament and development cooperation: democratic participation in the ‘low politics’ of EU external relations

ABSTRACT

The European Parliament enjoys an array of powers in development cooperation, ranging from legislative and budgetary powers to scrutiny and democratic oversight. However, its role has largely been overlooked and generally been absent from the key debates in the EU foreign policy literature. Partly this stems from the ‘low politics’ nature of development cooperation, when set against the ‘high politics’ of EU external relations as typified by CFSP/CSDP and trade. This article combines a legal analysis of the EP’s post-Lisbon powers in EU development cooperation with an examination of the Multiannual Financial Framework, the European Consensus on Development and interinstitutional interactions to assess how the EP has succeeded in gaining a more significant role in this policy field. The article argues that the ‘low politics’ of EU development cooperation is highly susceptible to the EP’s institutional assertion and empowerment in overall EU external relations.

KEYWORDS:

• Budget
• development cooperation
• external relations
• European Parliament

Acknowledgments

Previous versions of this paper were presented at the workshop on ‘The European Parliament in the New Europe’, King’s College London, May 2017 and at the European Consortium for Political Research (ECPR) Standing Group on the European Union conference, Sciences Po Paris, June 2018. The authors wish to thank the participants, the editors of this special issue, Edoardo Bressanelli and Nicola Chelotti, and the two anonymous reviewers for their comments.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. ‘The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights’.

2. Article 4(4) TFEU.

3. Article 208(1) TFEU.

4. Article 209(2) TFEU.

5. Article 210(1) TFEU.

6. Article 211 TFEU.

7. Article 177(1) EC.

8. Article 208(1) TFEU.

9. This included the establishment of the Committee on Association with Overseas Countries and Territories (OCTs) within the then European Parliamentary Assembly on 20 March 1958, immediately after the latter’s inaugural sitting. In the context of the process of decolonisation, the Assembly was an active participant in shaping the relationship between the European Economic Community and the newly independent states in Africa, the Caribbean and the Pacific. For example, one of the Assembly’s first pronouncements was a resolution of 31 March 1960 calling for an intergovernmental conference to be held between Assembly members and OCT representatives. As a further illustration of active involvement in policymaking, during the period 1958–1973, the EP adopted a total of 102 reports on development cooperation issues.

10. Cases C-181/91 and C-248/91, European Parliament v. Council of the European Communities and Commission of the European Communities (Bangladesh Special Aid), judgment of 30 June 1993, EU:C:1993:271.

11. Case C-316/91, European Parliament v Council of the European Union, EU:C:1994:76.

12. Case C-268/94, Portuguese Republic v Council of the European Union, judgment of 3 December 1996, EU:C:1996:461.

13. Case C-155/07, European Parliament v Council of the European Union (EIB Guarantee), judgment of 6 November 2008, EU:C:2008:605.

14. Case C-377/12, European Commission v. Council of the European Union, judgment of 11 June 2014, EU:C:2014:1903.

15. Case C-377/12, European Commission v. Council of the European Union, judgment of 11 June 2014, EU:C:2014:1903, paragraph 22.

16. Articles 312–314 TFEU.

17. Other external financing instruments in the second DCI (2014–2020) are: Instrument for Pre-Accession Assistance, the European Neighbourhood Instrument, the Instrument for Stability and Peace, the European Instrument for Democracy and Human Rights, the Instrument for Development Cooperation and the Partnership Instrument.

18. See Commission Communication, “A Modern Budget for a Union that Protects, Empowers and Defends The Multiannual Financial Framework for 2021–2027”, COM(2018) 321 of 2 May 2018, p. 18.

19. Article 11 of Regulation (EU) No 182/2011 (the ‘Comitology Regulation’) states that, where the ordinary legislative procedure has been used, either the European Parliament and the Council ‘may at any time indicate to the Commission that, in its view, a draft implementing act exceeds the implementing powers provided for in the basic act’, after which the Commission ‘shall inform the European Parliament and the Council whether it intends to maintain, amend or withdraw the draft implementing act’. This Regulation is currently being amended, see the Commission’s Proposal COM(2017) 85.

20. Articles 12–13 of the Regulation (EU) no 236/2014 of the European Parliament and of the Council of 11 March 2014, OJ L 77/95.

21. Point 26 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, OJ C 373/1.

22. Regulation (EU) no 233/2014 of the European Parliament and of the Council of 11 March 2014, OJ L 77/44, p. 74.

23. EurActiv, “Bulgarian EU Hopeful Bites the Dust in Parliament”, www.euractiv.com/section/central-europe/news/bulgarian-eu-hopeful-bites-the-dust-in-parliament, 13 January 2010.

24. Case C-403-05, European Parliament v Commission of the European Communities (Philippine Border Mission), judgment of 23 October 2007, EU:C:2007:624.

25. Annex V to the Rules of Procedure of the European Parliament (8^th parliamentary term), January 2017.

26. European Parliament, “The Cost of Non-Europe in Development Policy: Increasing Coordination between EU Donors”, doc no. PE 494.464 and CoNE 1/2013, p. 7.

27. European Parliament, Resolution on the coherence of the various policies with development policy [2000] OJ C 339/208.

28. European Parliament, Motion for a resolution on the new European Consensus on Development “Our World, Our Dignity, Our Future”, doc. no. 2017/2586(RSP), 29 May 2017, point 5.

29. European Parliament, Resolution of 1 June 2017, “Our World, Our Dignity, Our Future”, doc. no. P8_TA(2017)0241, 1 June 2017, point 4. The same provision is contained in point 4 of the said failed motion for a resolution, see note 28 above.

30. European Parliament, Resolution of 12 May 2016 on the follow-up to and review of the 2030 Agenda, doc. no. P8_TA(2016)0224, point 14.

31. European Parliament, Resolution of 17 April 2018 on the implementation of the Development Cooperation Instrument, the Humanitarian Aid Instrument and the European Development Fund, doc. no. P8_TA(2018)0103, point 56.

32. European Parliament, Resolution of 22 November 2016 on increasing the effectiveness of development cooperation, doc. no. P8_TA(2016)0437, points 10, 12, 15 and 16.

33. European Parliament, Resolution of 17 April 2018 on the implementation of the Development Cooperation Instrument, the Humanitarian Aid Instrument and the European Development Fund, doc. no. P8_TA(2018)0103, point 50.

34. European Parliament, Resolution of 18 April 2018 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the eighth, ninth, tenth and eleventh European Development Funds for the financial year 2016, doc. no. 2017/2146(DEC).

35. European Parliament, Resolution of 12 May 2016 on the follow-up to and review of the 2030 Agenda, doc. no. P8 TA(2016)0224, point 1.

36. European Parliament, Resolution of 14 February 2017 on the revision of the European Consensus on Development, doc. no. P8_TA(2017)0026, point 94.