The ability of small states like Malta to influence the EU legislative process

Abstract

The European Union's Legislative process has throughout the years been an area of debate due to its changing policies, its issues with transparency, EU enlargement and the struggle for power by states and EU level institutions. lt is an ongoing and intense tussle for power ultimately to provide states with their best interest. Research in this area is valid as it is an ever evolving process especially at this point in time as we await the legislature of the Lisbon Agenda. This thesis will therefore discuss a brief development of the EU's legislative process and decision-making procedures evolving further through a comparative analysis of the powers of small states to influence the decision-making process when compared to that of larger states. A brief case study on the experience of Malta within this sphere will also be provided. ln the first section the European Legislative system will be discussed in intrinsic detail outlining the channels of decision-making and all the Committees and Groups involved throughout, evolving from the point or commencement or the EEC in the Treaty or Rome 1957. This chapter will also include; the future of the decision-making procedures after Lisbon, the four general stages in the decision-making process and the three decision-making procedures; Assent, Simple Consultation and Co-decision. ln the second chapter will comprise a related analysis on the second part of the thesis title regarding the powers of the larger member states following it up with a contrasting topic presenting the legislative powers of small states within the decision-making process. The third section shall encompass a case study regarding Malta's experience within this sphere of power in decision-making. And finally the fourth chapter will state conclusions. My research question will therefore be; how easy is it for a small state to influence the legislative procedure of the EU? Another aim of this thesis is therefore to come to a conclusion as to whether the member states have a serious role in EU decision-making. lt should definitely give insight into the EU's legislative process and also examine how the main institutions shape the legislation as it passes through the system. An element of small state involvement and the political influence of the smaller members such as Malta on the decision making will be included. Finally it will also give a better understanding of the EU legal hierarchy and illustrate the complexities of reaching compromises which is no small feat for a Union of 27 different countries.