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Schengen: Combatting the democratic deficit

01 July 1994

Parliaments in two countries, the Netherlands and Italy, have adopted legislation to try and make their governments accountable for proposals they agree via the Executive Committee of the Schengen Agreement and in the European Council of Ministers.

The Netherlands States General (Dutch parliament) passed the Law of 17 December 1992 on the Maastricht Treaty and the Law of 16 March 1993 on the Schengen Implementing Agreement which says that "before any kind of decision-making" on proposals to go before the Council of Interior and Justice Ministers must be submitted to the parliament for approval as soon as the final draft proposal, resolution or agreement is available. Approval is automatically given if the parliament does not register within 15 days its intention to give an opinion. Provision is made under both laws for the parliament to treat a proposal as confidential if "exceptional circumstances of a compelling nature require that the draft should be considered as having a secret or confidential character".

In Italy under the Law of 30 September 1993 approving the Schengen Implementing Agreement a parliamentary control Commission has been set up. It is comprised of 20 members, ten from the Senate and ten from the Chamber of Deputies. It is empowered to examine proposed decisions and if necessary to delay Italy's agreement in order to give its advice. If it does not request a delay or give advice within 14 days its approval is assumed. The law also sets down that all decisions and their implications for Italy should be published in the official government journal within fourteen days.

Standing Committee of experts on international immigration, refugee and criminal law, Utrecht, Netherlands.