The evolving powers of the European Parliament

[Articolo originale] Members' Research Service Set 16, 2024 , , ,

Tempo di lettura ca.: 3 minuti, 34 secondi


Written by Silvia Kotanidis, Rafał Mańko, Hendrik Mildebrath, Micaela Del Monte and Søren Sebastian Toft.

The European Parliament is the house of European democracy, the only directly elected EU institution and the first institution listed in Article 13 of the Treaty on European Union (TEU). Starting out as a consultative body composed of delegations of national parliaments, Parliament’s first milestone was achieved in 1979 when it became a directly elected institution and obtained budgetary and legislative powers. Oversight of the executive was originally included among the powers of the then European Assembly, as an inherent parliamentary function. The second milestone was achieved in 2009 with the Lisbon Treaty, when Parliament acquired ‘co-legislator’ status and started to exercise influence over most aspects of EU citizens’ lives. In between these two milestones and after 2009, Parliament’s powers and influence have continued to evolve. New competences, born out of constitutional convention, were later codified in legal acts or were clearly spelt out by the case law of the Court of Justice of the European Union (CJEU). That was the case, for instance in 2023, when the CJEU established that it is for the EU legislature (Parliament and Council) and not for the Member States to decide where an EU agency is to be located.

Sometimes, Parliament has pushed to design and shape new tools to exercise its influence in full respect of the principle of institutional balance and sincere cooperation. For instance, in April 2024 Parliament modified its Rules of Procedure (RoP) and introduced new ‘special scrutiny hearings’ to question Commissioners on issues of major political importance. The new RoP also introduced the possibility of ad hoc plenary sessions and special scrutiny sessions in plenary with the President of the European Commission or selected Commissioners. The hearings of Commissioners-designate are another example of Parliament’s oversight of the executive. Parliamentary hearings of Commissioners-designate started with the Santer Commission, and today the procedure for holding them is set out in the RoP and its Annex VII in great detail.

This publication provides an overview of the powers of the European Parliament and how they have evolved over time, with a particular focus on new elements added during the ninth legislative term. As is the case with most parliaments, legislative work is at the core of the European Parliament’s activities. However, this is only one of its many functions, as this publication shows. Together with law-making powers, Parliament exercises budgetary, scrutiny, appointing and agenda-setting powers. It also has prerogatives relating to the very nature of the EU and its institutional and constitutional foundations, similar to national legislatures. Parliament’s consent is required before any new country joins the EU and in relation to the withdrawal treaty if a country decides to leave the Union. In addition, most international agreements entered into by the EU with third countries require Parliament’s consent. Parliament can initiate Treaty reform and the ‘Article 7(1) TEU’ procedure, aimed at determining whether there is a (risk of) serious breach of EU values by a Member State.

A complementary EPRS publication, published in March 2024, provides selected examples of how Parliament has made a difference to citizens’ lives during the ninth legislative term. The examples were classified into six broad areas: law-making; the budget; scrutiny of the executive; external relations; constitutional affairs; and agenda-setting.

Read the complete in-depth analysis on ‘The evolving powers of the European Parliament‘ in the Think Tank pages of the European Parliament.

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Written by Silvia Kotanidis, Rafał Mańko, Hendrik Mildebrath, Micaela Del Monte and Søren Sebastian Toft.

The European Parliament is the house of European democracy, the only directly elected EU institution and the first institution listed in Article 13 of the Treaty on European Union (TEU). Starting out as a consultative body composed of delegations of national parliaments, Parliament’s first milestone was achieved in 1979 when it became a directly elected institution and obtained budgetary and legislative powers. Oversight of the executive was originally included among the powers of the then European Assembly, as an inherent parliamentary function. The second milestone was achieved in 2009 with the Lisbon Treaty, when Parliament acquired ‘co-legislator’ status and started to exercise influence over most aspects of EU citizens’ lives. In between these two milestones and after 2009, Parliament’s powers and influence have continued to evolve. New competences, born out of constitutional convention, were later codified in legal acts or were clearly spelt out by the case law of the Court of Justice of the European Union (CJEU). That was the case, for instance in 2023, when the CJEU established that it is for the EU legislature (Parliament and Council) and not for the Member States to decide where an EU agency is to be located.

Sometimes, Parliament has pushed to design and shape new tools to exercise its influence in full respect of the principle of institutional balance and sincere cooperation. For instance, in April 2024 Parliament modified its Rules of Procedure (RoP) and introduced new ‘special scrutiny hearings’ to question Commissioners on issues of major political importance. The new RoP also introduced the possibility of ad hoc plenary sessions and special scrutiny sessions in plenary with the President of the European Commission or selected Commissioners. The hearings of Commissioners-designate are another example of Parliament’s oversight of the executive. Parliamentary hearings of Commissioners-designate started with the Santer Commission, and today the procedure for holding them is set out in the RoP and its Annex VII in great detail.

This publication provides an overview of the powers of the European Parliament and how they have evolved over time, with a particular focus on new elements added during the ninth legislative term. As is the case with most parliaments, legislative work is at the core of the European Parliament’s activities. However, this is only one of its many functions, as this publication shows. Together with law-making powers, Parliament exercises budgetary, scrutiny, appointing and agenda-setting powers. It also has prerogatives relating to the very nature of the EU and its institutional and constitutional foundations, similar to national legislatures. Parliament’s consent is required before any new country joins the EU and in relation to the withdrawal treaty if a country decides to leave the Union. In addition, most international agreements entered into by the EU with third countries require Parliament’s consent. Parliament can initiate Treaty reform and the ‘Article 7(1) TEU’ procedure, aimed at determining whether there is a (risk of) serious breach of EU values by a Member State.

A complementary EPRS publication, published in March 2024, provides selected examples of how Parliament has made a difference to citizens’ lives during the ninth legislative term. The examples were classified into six broad areas: law-making; the budget; scrutiny of the executive; external relations; constitutional affairs; and agenda-setting.

Read the complete in-depth analysis on ‘The evolving powers of the European Parliament‘ in the Think Tank pages of the European Parliament.

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