Here you will find the extensive elaborations of the learning objectives of problem 5 of Introduction to International and European Law.
Books used:
- F. Amtenbrink & H. Vedder, European Union Law
- Cases and Materials International and European Union Law
Problem 5
The European Parliament
The European Parliament has its seat in Strasbourg. Additional part-sessions of the EP are
held in Brussels. Details regarding the functioning of the EP are laid down in the TFEU and
the Rules of Procedure of the European Parliament.
The European Parliament is the only EU institution that derives its legitimacy directly from
member state nationals and, thus, from EU citizens. The EP is meant to provide a direct link
between the supranational level and the populations of the member states.
It differs from parliaments of EU member states, because it does not have the same tasks as
a normal parliament.
Composition and election
According to article 14(2) TEU the number of members of the European Parliament may not
exceed 750, plus the president of the EP. Article 10(1) TEU states that the functioning of the
Union is founded on representative democracy, but article 14(2) TEU states that the
representation of citizens in the parliament is degressively proportional. No member state
can be allocated more than 96 seats.
The members are elected once every five years by direct universal suffrage in all member
states. The national electoral laws and rules therefore apply. Elections of the EP must be
direct, universal, free and secret.
Every EU citizen is allowed to vote and may be candidate for elections (art. 22(2) TFEU). EU
law provides that members of the EP may not be members of the government of a member
state or another institution in the EU (art. 6&7 of the Act concerning the election of
representatives of the European Parliament).
Tasks
The tasks of the EP are described in articles 223-234 TFEU. They can be divided into three
categories:
- Quasi-legislative body
- Democratic watchdog
- Budgetary authority
The European Parliament as a quasi-legislative body
It has no power to introduce legislative proposals on its own initiative. It can only ask the
commission through a resolution to submit proposals on a pressing issue (art. 225 TFEU). It
also has no exclusive power to decide on legislative proposals, but does so in cooperation
with the Commission and Council.
, The EP also has a limited role in issues to common foreign security policy (CFSP) and the
common security and defence policy (CSDP). Regarding these, it can only ask questions and
make recommendations to the Council and High Representative (art. 36 and 41(3) TEU).
When revising the TFEU or TEU, the EP is only consulted in the framework of a normal
procedure (art. 48 TEU).
The EP plays a key role in the field of EU enlargement (art. 49 TEU).
The European Parliament as a democratic watchdog
The EP can open investigations into alleged contraventions or maladministration in the
implementation of EU law. For this purpose, it can set up temporary committees of inquiry
(art. 226 TFEU).
The EP participates in appointing the Commission, and is invoked in monitoring its activities.
It can submit questions to the Commission (art. 230(2) TFEU), and the Commission is
required to answer. It can also submit a motion of censure in respect of the Commission by
one tenth of its members (art. 234 TFEU).
The EP also monitors the ECB by annual reports (art. 184(3) TFEU). It also monitors the
activities of institutions that are concerned with economic policy coordination.
As last resort, the EP can call on the Court of Justice. It can also ask the Court for its opinion
whether international agreements are compatible with TEU and TFEU (art. 218(11) TFEU).
The European Parliament as a budgetary authority
The EP and Council together draw up a new budget for the next year, which is prepared by
the Commission (art. 314 TFEU). It also monitors the implementation of said budget.
Internal structure
Members of the EP are organized in political groups (art. 33 EP RoP). The establishment of a
political group requires at least 23 members, representing no less than one quarter of the
member states (par 3). Each group is headed by a chair. The political groups play a key role
in organizing the work of the EP and channeling the activities of their individual members.
Every two-and-a-half years, the EP elects a new President. The President represents the Ep
externally, and directs all its activities and chairs the plenary assembly (art. 19 and 22 EP
RoP).
The Council of the European Union
The Council has its seat in Brussels. Details regarding the functioning of the Council are laid
down in the TEU and the TFEU, as well as the Rules of Procedure of the Council.
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