or: how a regulation becomes binding law across Europe without going through any parliamentary legislative process.
The word “comitology” comes from the French word “comité”, or “committee” in English. The first committee to consider binding regulations for the European Economic Community already met in 1962. For its part, the Council of the EEC then determined that it could itself decide whether to issue so-called “implementing regulations” or transfer this task to the European Commission. Fundamentally, once such a regulation is passed and comes into force, it becomes legally binding in all applicable European countries.
In 1987, these powers were transferred to the European Commission. Since then, the Commission has been permitted to issue – in close cooperation with the Member States – binding regulations applicable across Europe. Doing so, it is supported by committees in which civil servants from all Member States are represented. This comitology procedure as currently practised in the EU is regarded by its critics as being undemocratic and lacking in transparency. Neither the EU Council of Ministers nor the elected members of the European Parliament have any means of influence over this procedure. A regulation which is enacted in the context of a comitology procedure does not have to be submitted to the EU’s legislative bodies for their approval, even though such regulations can have major impacts both positive and negative on the everyday life of its citizens. Likewise, the forthcoming amendments to the Regulation on Flight Duty and Rest Periods are due to be agreed and passed in a comitology procedure.
However the committees which drafted and debated these regulations did not have any official representatives from the passengers on them, such as members of consumer associations or similar organisations.