Europees Parlement wil onderzoeksbevoegdheid á la VS Congres (en)
The European Parliament is seeking major new powers to conduct investigations, including the right to summon European commissioners, officials and national politicians to give evidence to inquiries into breaches of EU law.
A draft report passed by the parliament's constitutional affairs committee earlier this week would give MEPs powers similar to those of the US Congress, where both chambers regularly conduct investigations or hearings, including recently in the oil spill by BP in the Gulf of Mexico.
Noting the importance of the right of scrutiny to any parliamentary body, the report says a committee of inquiry should be permitted "to conduct on-the- spot investigations, to request documents, to summon witnesses, to hear officials and other servants of the Union or of Member States and to request experts' reports."
Most controversially, EU officials will not be able to claim diplomatic immunity to avoid a summons.
British Socialist MEP David Martin, author of the report, admits that this is likely to be the "most difficult" part of negotiations but reasons that as immunity is there to "prevent European officials from being pressurised by member states, it should not be an issue if another European institution is demanding that they come to a hearing."
Under the proposals, member states should chase up those not obeying a summons to attend a hearing with the measures they would use in a similar situation at the national level. Member states would also be obliged to punish those who give false testimony or try and bribe witnesses.
Those giving evidence may be asked to take an oath - "I swear that I have spoken the truth, the whole truth and nothing but the truth" while the whole investigation would be wrapped up with the publication of a report.
MEPs could end up asking EU commissioners or high level politicians to appear before the committee.
But, says Martin, this would be the result of a broader investigation into breach of EU law as "we don’t have the powers to investigate individuals. We are not a court of law."
Three toothless inquiries
The parliament has only ever conducted three inquiries in its lifetime - into a VAT fraud, into the handling of Mad Cow (BSE) disease, and into the financial scandal at the Equitable Life Assurance Society.
But they were frustrated at the stonewalling over key documents and witnesses.
With its legislative powers strongly increased by the Lisbon Treaty, parliament has been chafing to increase its democratic oversight.
But it is unclear how enthusiastic member states will be about the idea of MEPs being allowed to conduct on-the-ground investigation on their soil and question their citizen and politicians.
"Unfortunately, I think there will be some scepticism around," Martin says but urges member state not to “fear” inquiries that “really get to the truth.”
The parliament is due to vote on the report in November. Both member states and the commission would then have to give their consent to the rules change.
MEPs are hoping Denmark, with its strong tradition of parliamentary scrutiny, will give the idea a favourable hearing under its EU presidency, beginning in January.