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Heathcoat-Amory: Legislation by elected politicians not unelected bureaucrats

Speech to the European Convention

The tranche of draft articles on legal powers contains a strange creature called a "non-legislative act" (article 24). This is new; it is not in the existing treaties. The explanatory notes say it comes from existing article 249, but this is misleading.


There are implementing regulations issued by the Commission to deal with specific matters such as CAP prices. On that slender precedent, it is now proposed to create a whole new category of "non-legislative acts". These will be "entirely and directly applicable in all member states".


So this is a marked innovation, and objectionable to those who also believe in the rule of law and not rule by decree.


These instruments are to be used by the Commission and other agencies which will be able to enact "Delegated Regulations", as described in Draft article 27. The decision to delegate will be by QMV.


Laws should be made by elected lawmakers. Giving such powers to non-elected official bodies runs counter to our aim of creating a more democratic Europe and should be dropped.

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