02EU Parliament: Historical Changes and Functions

Institutional Framework of the European Union - Part I

• The institutional framework of the European Union is a "multilevel" discipline
• Article 13 TEU lists the 7 institutions
• Articles 14-19 TEU provide basic descriptions of the institutions, their characteristics, powers, and competences
• More details are found in Articles 223-234 (EU Parliament) to 251-287 (ECJ) of the TFEU
• Protocols provide further detailed rules (e.g., Protocol 3 - Statute of the ECJ)
• Several institutions have enacted legal acts dealing with their internal rules

The European Council (Article 15 TEU - Articles 235-236 TFEU)

• The European Council is distinguished from the Council and the Council of Europe
• Early history: Informal summits of Heads of State or Governments (first in Paris, 1971; regular meetings since 1974)
• Progressive formal recognition of its role (mentioned in the Single European Act, 1986; became a body of the EU, Maastricht Treaty, 1992)
• Became a formal institution in 2009 (Lisbon Treaty) with its seat in Brussels

European Council - Composition

• Heads of State or Government of each Member State, with voting rights
• President is appointed by the European Council, voting by qualified majority, for 2.5 years (renewable once)
• President presides over and coordinates meetings; ensures continuity of work & relations
• President has no voting rights and is incompatible with any other national office
• Other members (Heads of State/Government) have voting rights

European Council - Tasks and Powers

• Provides the Union with necessary political impetus for development
• Defines general political directions and priorities (Article 15 TFEU)
• Has a role in the procedure outlined in Article 7 TEU
• Approves conclusions and decisions at the end of each meeting; determines composition of EU institutions; sets modalities of presidency rotation.
• Does not exercise legislative functions

European Council - Decision Making

• Decisions are made by consensus unless the treaties provide otherwise
• Qualified majority voting is sometimes required (e.g., for electing the President or in specific cases)
• The proceedings aren't published, but conclusions can be issued.

EU Parliament (Article 14 TEU - Articles 223-236 TFEU)

• Replaces the Assembly, guaranteeing democratic representation
• Had limited powers under the Treaty of Rome
• Election by direct universal suffrage since 1976 (elections in 1979)
• EU Parliament became the institution representing the peoples of the States within the Community (Maastricht Treaty) & citizens of the European Union (Treaty of Lisbon, 2009)
• Became the explicit expression of direct relations between the Union and its citizens.

EU Parliament - Legislative Term

• Mandate of 5 years, like the Commission
• A relation of confidence between the Commission and the Parliament (the Treaty of Lisbon).
• Has the right to approve the Commission and the power to bring a motion of censure
• Right of eligibility to be elected to the European Parliament is conferred by EU citizenship

EU Parliament - Election

• The Council can decide upon a uniform EU election procedure
• May 2022: Proposal for a Council regulation regarding the direct election of EU parliament members by universal suffrage was made
• Still varies by Member State, but some principles are established; there must be single voting, proportional voting systems (with or without preferences), and dates must be standardized.

EU Parliament - Incompatibilities and Privileges

• Being a member of the EU Parliament is incompatible with being a member of a national Parliament, a national government, or another EU institution.
• Freedom of movement, and immunity for votes and opinions expressed
• Enjoy same privileges as national parliamentarians (equivalence)

EU Parliament - Composition

• 750 members + President.
• Composition divided based on national basis which is degressively proportional; specific minimum & maximum memberships per member state.
• The Council can change the composition.
• In March 2020, following Brexit, composition was reduced to 705 members.

EU Parliament - Organization

• MEPs form political groups based on common political views
• Groups organize their functioning & appoint a president/co-presidents & a presidency office & secretariat
• Before voting, groups examine relations drafted by committees.
• The President isn't bound by group decisions; can vote differently
• The groups decide on their own.

EU Parliament - The President

• Elected by the Parliament by absolute majority vote (3 attempts), then by simple majority
• 2.5 years mandate
• Administrative, disciplinary power, representative functions
• Organizes Parliament works; presides over plenary sessions; expresses opinion at EU Council meetings.

EU Parliament - Way of Functioning

• Ordinary annual session divided into periods; monthly plenary sessions
• Approval quorum = absolute majority of expressed votes.
• Validity quorum = 1/3 of the MEPs; must be requested to check the threshold

EU Parliament - Powers and Functions

• Legislative (co-legislative)
• Budgetary (approves the EU budget)
• Political/democratic control (power to question Commission and Council)
• Enlargement of EU membership; Judicial procedures before the ECJ.

EU Parliament - Legislative Power

• Today, co-legislator with the Council
• Limited power/rights under the Treaty of Rome
• Some cases, binding power over the Council in legislation/policy-influence

EU Parliament - Legislative Power (2)

• Progressive increase in the EU Parliament's legislative role across treaty revisions
• Co-decision & approval procedures gave influence over law-making
• Right to ask the Commission to legislate in certain fields.
• Limited role in some areas (CFSP)

EU Parliament - Budgetary Power

• Limited to being heard/opinion/consultation
• Similar status to the Council in adopting the EU's annual budget
• Consultation in approving "own resources" of the EU & multiannual financial frameworks.

EU Parliament - Political and Democratic Control

• Initially focused on Commission, now extends to other EU institutions
• Regular reporting procedure from the Council; year-end report from the Commission
• Power to propose legislative initiatives by requesting the Commission.
• Questions/debates, which include both oral & written responses granted to members,committees, and groups in the EU Council.

EU Parliament - Motion of Censure (Art 234 TFEU)

• Strong instrument against the Commission (obligation to resign)
• Procedure: initiated by 1/10 of Parliament, reflected on after 3 days, approved by 2/3 majority
• Exceptional case: Santer Commission (1999)

EU Parliament - Petition (Art 227 TFEU)

• Citizens and legal entities residing in an EU Member state have right for petition submission on EU activities; the subject must 'directly concern' the individual
• The aim is to address issues of citizens/legal entities regarding EU law breaches.
• Committee on Petitions prepares a report and may create EU Parliament resolutions

EU Parliament - European Ombudsman (Articles 20, 24, and 228 TFEU)

• Introduced by Maastricht Treaty; modeled on German legal role
• Independent from the EU Parliament; addresses cases of bad administration in EU institutions
• Investigates complaints regarding transparency and democratic accountability, to improve citizen protection in the EU
• Reports on complaints' assessment to EU Parliament and the concerned party.
• Non-binding reports

The Commission (Article 17 TEU and Articles 244-250 TFEU)

• Promotes the general interest of the EU
• Guardian of the Treaties; monitors conformity with EU law
• Holds a legislative initiative (monopoly)
• Executive powers that aren't a prerogative of other EU institutions representing states
• Responsible for external representation of the EU (managing negotiations)

The Commission - Composition

• One Commissioner per Member State
• 27 Members
• Reduced to 2/3 of the number of member states with rotating appointments
• Since 2009, the Commission has been composed of one representative from each member state.
• Term of office = 5 years, as the EU Parliament

The Commission - Appointment Procedure

• Originally appointed by national governments alone
• Now a complex inter-institutional procedure involving the national governments, Council, Parliament, and a future President of the EU
• A two-step process; President is appointed first, then the rest of the Commission.
• Separate procedures, including public hearings.

The Commission - Who Can Be Appointed

• Chosen based on general competence and guarantees of independence
• Representative of individuals not Member States
• No national government instructions, and must avoid mixing of personal/private interests with public interests.

High Representative for Foreign Affairs and Security Policy

• Appointed by the European Council (with approval by Parliament and President)
• Vice-President of the European Commission
• Chairs the Council's Foreign Affairs configuration; participates in EU Council meetings