The existing treaties of the European Union and the EU Treaty of Lisbon contain basic provisions on the European Parliament’s relations with the other institutions: the Commission and the Council.
In this blog post we present the current and amending treaties before we embark upon the relations between the institutions in more detail.
We notice that the Treaty of Lisbon requires preparatory work in order to be implemented, should it enter into force.
***
Current treaty
Article 197 of the Treaty establishing the European Community (TEC) contains bare bones provisions on two areas concerning the European Parliament:
a) internal organisation, and
b) relations with the Commission and the Council.
The text of Article 197 TEC is from the latest consolidated version of the treaties, published in the Official Journal of the European Union (OJEU) 29.12.2006 C 321 E/134. Having covered the first three paragraphs in some detail in preceding blog posts, we are going to turn our main attention to the fourth one, which concerns the relations with the EU Council:
Article 197 TEC
The European Parliament shall elect its President and its officers from among its Members.
Members of the Commission may attend all meetings and shall, at their request, be heard on behalf of the Commission.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure.
***
Original Lisbon Treaty (ToL)
Article 2, point 185 of the original Treaty of Lisbon formally deleted the first paragraph of Article 197 TEC on the internal organisation of the European Parliament and replaced two of the three other paragraphs. Notice the wording of the new fourth paragraph (OJEU 17.12.2007 C 306/102):
185) Article 197 shall be amended as follows:
(a) the first paragraph shall be deleted;
(b) the second paragraph shall be replaced by the following:
‘The Commission may attend all the meetings and shall, at its request, be heard.’;
(c) the fourth paragraph shall be replaced by the following:
‘The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.’.
***
Consolidated Lisbon Treaty
The European Parliament’s relations with the Commission and the Council remained in slightly amended form in Article 197 (ToL), which was renumbered Article 230 of the Treaty on the Functioning of the European Union (TFEU) in the consolidated Lisbon Treaty (OJEU OJEU 9.5.2008 C 115/151).
Because the first paragraph of Article 197 TEC had been formally deleted, but in practice moved to Article 14(4) of the Treaty on European Union (TEU), the replacement for the fourth paragraph of Article 197 TEC became the third paragraph of Article 230 TFUE, with the new wording:
Article 230 TFEU
(ex Article 197, second, third and fourth paragraph, TEC)
The Commission may attend all the meetings and shall, at its request, be heard.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.
***
Lisbon Treaty changes
The third paragraph of Article 230 TFEU makes the treaty level addition that the European Council is heard by the EP. This is a codification of existing practice, but it does not exclude further developments.
If the Lisbon Treaty enters into force, the European Council becomes an official institution and it needs its own Rules of Procedure, replacing the meagre Rules for the organisation of the proceedings of the European Council.
***
We take note that the Lisbon Treaty requires a number of complementary rules and decisions, if it enters into force. Some of these are only technical, but necessary. Others are political in nature. All require preparatory work.
Two documents are crucial, either as instruments of change or in order to adapt to separate decisions:
The Rules of Procedure of the EU Council would have to be adapted to the amending treaty.
The European Council needs its own Rules of Procedure.
We are left wondering what the French Council Presidency did during the latter half of 2008 and what the Czech Council Presidency is doing during the first six months of 2009.
Ralf Grahn
Showing posts with label institutions. Show all posts
Showing posts with label institutions. Show all posts
Tuesday, 10 March 2009
Saturday, 21 February 2009
European Parliament: Internal organisation and relations between the institutions
Both the existing treaties and the EU Treaty of Lisbon contain basic provisions on the internal organisation of the European Parliament and on the EP’s relations with the other institutions: the Commission and the Council.
In this blog post we present the treaty changes, but ahead of the European elections in June 2009 we will then continue by taking a closer look at the detailed provisions in a number of posts.
***
Current treaty
Article 197 of the Treaty establishing the European Community (TEC) contains bare bones provisions on two areas concerning the European Parliament:
a) internal organisation, and
b) relations with the Commission and the Council.
The text of Article 197 TEC is from the latest consolidated version of the treaties, published in the Official Journal of the European Union (OJEU) 29.12.2006 C 321 E/134:
Article 197 TEC
The European Parliament shall elect its President and its officers from among its Members.
Members of the Commission may attend all meetings and shall, at their request, be heard on behalf of the Commission.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure.
***
Original Lisbon Treaty (ToL)
Article 2, point 185 of the original Treaty of Lisbon formally deleted the first paragraph of Article 197 TEC on the internal organisation of the European Parliament and amended two of the three other paragraphs (OJEU 17.12.2007 C 306/102):
185) Article 197 shall be amended as follows:
(a) the first paragraph shall be deleted;
(b) the second paragraph shall be replaced by the following:
‘The Commission may attend all the meetings and shall, at its request, be heard.’;
(c) the fourth paragraph shall be replaced by the following:
‘The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.’.
***
I used the words formally deleted with regard to the first paragraph of Article 197 TEC, because if we look at Article 9a(4) of the Treaty on European Union (TEU) we find the following text (OJEU page 17):
4. The European Parliament shall elect its President and its officers from among its members.’.
***
Consolidated Lisbon Treaty
This means that we have two strands to follow in the consolidated Treaty of Lisbon (OJEU 9.5.2008 C 115).
The main provisions on the institutions are located in Title III of the Treaty on European Union (TEU) and Article 9a TEU (ToL) has been renumbered Article 14 TEU in the consolidated version (OJEU page 22 to 23). The whole Article is presented here as background, although the fourth paragraph will be our point of departure:
Article 14 TEU
1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.
2. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.
4. The European Parliament shall elect its President and its officers from among its members.
***
The European Parliament’s relations with the Commission and the Council remained in slightly amended form in Article 197 (ToL), which was renumbered Article 230 of the Treaty on the Functioning of the European Union (TFEU) in the consolidated Lisbon Treaty (OJEU page 151):
Article 230 TFEU
(ex Article 197, second, third and fourth paragraph, TEC)
The Commission may attend all the meetings and shall, at its request, be heard.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.
***
After this general presentation of the changes brought about by the Lisbon Treaty we are going to dedicate a few blog posts to the internal organisation of the European Parliament before we turn to the inter-institutional relations.
Ralf Grahn
In this blog post we present the treaty changes, but ahead of the European elections in June 2009 we will then continue by taking a closer look at the detailed provisions in a number of posts.
***
Current treaty
Article 197 of the Treaty establishing the European Community (TEC) contains bare bones provisions on two areas concerning the European Parliament:
a) internal organisation, and
b) relations with the Commission and the Council.
The text of Article 197 TEC is from the latest consolidated version of the treaties, published in the Official Journal of the European Union (OJEU) 29.12.2006 C 321 E/134:
Article 197 TEC
The European Parliament shall elect its President and its officers from among its Members.
Members of the Commission may attend all meetings and shall, at their request, be heard on behalf of the Commission.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure.
***
Original Lisbon Treaty (ToL)
Article 2, point 185 of the original Treaty of Lisbon formally deleted the first paragraph of Article 197 TEC on the internal organisation of the European Parliament and amended two of the three other paragraphs (OJEU 17.12.2007 C 306/102):
185) Article 197 shall be amended as follows:
(a) the first paragraph shall be deleted;
(b) the second paragraph shall be replaced by the following:
‘The Commission may attend all the meetings and shall, at its request, be heard.’;
(c) the fourth paragraph shall be replaced by the following:
‘The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.’.
***
I used the words formally deleted with regard to the first paragraph of Article 197 TEC, because if we look at Article 9a(4) of the Treaty on European Union (TEU) we find the following text (OJEU page 17):
4. The European Parliament shall elect its President and its officers from among its members.’.
***
Consolidated Lisbon Treaty
This means that we have two strands to follow in the consolidated Treaty of Lisbon (OJEU 9.5.2008 C 115).
The main provisions on the institutions are located in Title III of the Treaty on European Union (TEU) and Article 9a TEU (ToL) has been renumbered Article 14 TEU in the consolidated version (OJEU page 22 to 23). The whole Article is presented here as background, although the fourth paragraph will be our point of departure:
Article 14 TEU
1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.
2. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.
4. The European Parliament shall elect its President and its officers from among its members.
***
The European Parliament’s relations with the Commission and the Council remained in slightly amended form in Article 197 (ToL), which was renumbered Article 230 of the Treaty on the Functioning of the European Union (TFEU) in the consolidated Lisbon Treaty (OJEU page 151):
Article 230 TFEU
(ex Article 197, second, third and fourth paragraph, TEC)
The Commission may attend all the meetings and shall, at its request, be heard.
The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.
The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.
***
After this general presentation of the changes brought about by the Lisbon Treaty we are going to dedicate a few blog posts to the internal organisation of the European Parliament before we turn to the inter-institutional relations.
Ralf Grahn
Tuesday, 17 June 2008
Why Europe?
There are fairly small groups of vehement and vocal anti-EU campaigners, but they resonate with varying proportions of national electorates hostile to or suspicious of ‘Brussels’, although profound indifference towards the European Union is probably the prevalent mood, equally frustrating for the anti-EU crowd as for Europhiles.
My attempt to sum up the European malaise is: Distant and meddling.
Distant bureaucrats fine-tuning standards for different products in the internal market, incomprehensible treaties and tons of secondary legislation, unclear responsibilities and poor accountability, almost faceless politicians ushered in from black cars to do, what?
At the same time, a pervasive feeling that these tentacles reach into every nook and cranny, somehow threatening our daily lives and comforts, as well as our jobs and futures.
Thus far, the feelings are common to large swathes of the peoples, but more prevalent among the poor, the uneducated, the old and the rural populations, in short, those who live precariously.
The causes of discontent vary wildly, too, from accusations of an ‘ultra-liberalist’ conspiracy trampling workers’ rights to ‘socialist’ over-regulation choking free enterprise.
***
There is no magic cure. ‘Washington’ is as much of a swearword in US politicking as ‘Brussels’ in Europe, and there is a guaranteed market for various shades of populist hopefuls nationally, regionally and locally.
Although the division of labour between the EU and the member states is far from perfect, the questions decided at the European level tend to be far from the daily concerns of individuals, unless they happen to be directly affected like farmers or fishermen.
***
But something needs to be done. Something could be done.
The European Convention, the Constitutional Treaty and the Lisbon Treaty (in the consolidated version) made some gestures towards presenting the basic rules of the European Union in a readable form, but they all carried with them the luggage of previous treaties.
Their improved aims and principles are admirable. In the long run they strengthen the foundations for progress towards a citizens’ Europe, although the process may be a long one.
But the basic principles and necessary institutions would have to be presented in an even shorter document than the proposed Treaty on European Union. If, despite its intergovernmental character, the common foreign and security policy, including the common security and defence policy, was moved to the proposed Treaty on the Functioning of the European Union, we would be near a readable basic document for EU citizens (as legal texts go).
The constitutional document could be fairly neutral, leaving it to the various political parties to try to convince the EU citizens of the merits of their programmes.
***
Every home in the EU would receive this fundamental document and it would have to be produced in a form which would make people voluntarily place it in their bookshelf for further reference.
The objectives and principles of the European Union tell us something about what the EU has been established for and how it is supposed to work, but more is needed as to why.
More about that in a coming post.
Ralf Grahn
My attempt to sum up the European malaise is: Distant and meddling.
Distant bureaucrats fine-tuning standards for different products in the internal market, incomprehensible treaties and tons of secondary legislation, unclear responsibilities and poor accountability, almost faceless politicians ushered in from black cars to do, what?
At the same time, a pervasive feeling that these tentacles reach into every nook and cranny, somehow threatening our daily lives and comforts, as well as our jobs and futures.
Thus far, the feelings are common to large swathes of the peoples, but more prevalent among the poor, the uneducated, the old and the rural populations, in short, those who live precariously.
The causes of discontent vary wildly, too, from accusations of an ‘ultra-liberalist’ conspiracy trampling workers’ rights to ‘socialist’ over-regulation choking free enterprise.
***
There is no magic cure. ‘Washington’ is as much of a swearword in US politicking as ‘Brussels’ in Europe, and there is a guaranteed market for various shades of populist hopefuls nationally, regionally and locally.
Although the division of labour between the EU and the member states is far from perfect, the questions decided at the European level tend to be far from the daily concerns of individuals, unless they happen to be directly affected like farmers or fishermen.
***
But something needs to be done. Something could be done.
The European Convention, the Constitutional Treaty and the Lisbon Treaty (in the consolidated version) made some gestures towards presenting the basic rules of the European Union in a readable form, but they all carried with them the luggage of previous treaties.
Their improved aims and principles are admirable. In the long run they strengthen the foundations for progress towards a citizens’ Europe, although the process may be a long one.
But the basic principles and necessary institutions would have to be presented in an even shorter document than the proposed Treaty on European Union. If, despite its intergovernmental character, the common foreign and security policy, including the common security and defence policy, was moved to the proposed Treaty on the Functioning of the European Union, we would be near a readable basic document for EU citizens (as legal texts go).
The constitutional document could be fairly neutral, leaving it to the various political parties to try to convince the EU citizens of the merits of their programmes.
***
Every home in the EU would receive this fundamental document and it would have to be produced in a form which would make people voluntarily place it in their bookshelf for further reference.
The objectives and principles of the European Union tell us something about what the EU has been established for and how it is supposed to work, but more is needed as to why.
More about that in a coming post.
Ralf Grahn
Sunday, 30 December 2007
EU Treaty of Lisbon: institutional framework
The complex nature of the European Union is reflected in its institutional framework. The European Parliament represents the citizens of the Union and the Commission the general interest, and the Court of Justice ensures the interpretation and application of the Treaties and Community (Union) law.
On the other hand the European Council, which is mentioned separately outside the institutional framework , and the Council are based on the member states. According to TEU Article 4: The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.
***
The existing TEU Article 3(1): The Union shall be served by a single institutional framework which shall ensure the consistency and continuity of the activities carried out in order to attain its objectives while respecting and building upon the acquis communautaire.
The present TEU Article 5: The European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of subsequent Treaties and Acts modifying and supplementing them and, on the other hand, by the other provisions of this Treaty.
The existing TEC Article 7:
1. The tasks entrusted to the Community shall be carried out by the following institutions:
- a EUROPEAN PARLIAMENT
- a COUNCIL
- a COMMISSION
- a COURT OF JUSTICE
- a COURT OF AUDITORS
Each institution shall act within the limits of the powers conferred upon it by this Treaty.
2. The Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.
***
The Convention proposed an Article I-18 on the institutions of the European Union. In addition to an overview of the institutional framework, Article I-18 clarified the role of the European Council by fully making it one of the institutions. (Informally the European Council started in 1974, and since 1986 it is mentioned in the Treaties.)
In the Treaty establishing a Constitution for Europe, Title IV The Union Institutions and bodies, Chapter I The institutional framework, Article I-19 The Union’s institutions was the corresponding Article.
Compared to the existing Treaties, the Treaty of Lisbon introduces the European Council and the European Central Bank (ECB) as institutions, and the Court of Auditors is retained among the institutions.
***
Presently TEU Title III is an empty shell, since it contained provisions amending the Treaty establishing the European Coal and Steel Community (ECSC), which expired after 50 years in existence.
The Treaty of Lisbon (OJ 17.12.2007, C 306) replaces TEU Title III, with a new Title III Provisions on the institutions. Article 9 is replaced by the following
Article 9
1. The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.
The Union's institutions shall be:
- the European Parliament,
- the European Council,
- the Council,
- the European Commission (hereinafter referred to as "the Commission"),
- the Court of Justice of the European Union,
- the European Central Bank,
- the Court of Auditors.
2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.
3. The provisions relating to the European Central Bank and the Court of Auditors and detailed provisions on the other institutions are set out in the Treaty on the Functioning of the European Union.
4. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity."
***
The institutions have an obligation to act for the common good: the values, objectives and interests of the Union as well as those of its citizens. This obligation encompasses the intergovernmental institutions, the European Council and the Council, too.
Although not the most powerful among the institutions, the Lisbon Treaty continues to mention the European Parliament first, as a sort of “moral victory” for the citizens of the Union. Next, we turn to the EP.
Ralf Grahn
On the other hand the European Council, which is mentioned separately outside the institutional framework , and the Council are based on the member states. According to TEU Article 4: The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.
***
The existing TEU Article 3(1): The Union shall be served by a single institutional framework which shall ensure the consistency and continuity of the activities carried out in order to attain its objectives while respecting and building upon the acquis communautaire.
The present TEU Article 5: The European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of subsequent Treaties and Acts modifying and supplementing them and, on the other hand, by the other provisions of this Treaty.
The existing TEC Article 7:
1. The tasks entrusted to the Community shall be carried out by the following institutions:
- a EUROPEAN PARLIAMENT
- a COUNCIL
- a COMMISSION
- a COURT OF JUSTICE
- a COURT OF AUDITORS
Each institution shall act within the limits of the powers conferred upon it by this Treaty.
2. The Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.
***
The Convention proposed an Article I-18 on the institutions of the European Union. In addition to an overview of the institutional framework, Article I-18 clarified the role of the European Council by fully making it one of the institutions. (Informally the European Council started in 1974, and since 1986 it is mentioned in the Treaties.)
In the Treaty establishing a Constitution for Europe, Title IV The Union Institutions and bodies, Chapter I The institutional framework, Article I-19 The Union’s institutions was the corresponding Article.
Compared to the existing Treaties, the Treaty of Lisbon introduces the European Council and the European Central Bank (ECB) as institutions, and the Court of Auditors is retained among the institutions.
***
Presently TEU Title III is an empty shell, since it contained provisions amending the Treaty establishing the European Coal and Steel Community (ECSC), which expired after 50 years in existence.
The Treaty of Lisbon (OJ 17.12.2007, C 306) replaces TEU Title III, with a new Title III Provisions on the institutions. Article 9 is replaced by the following
Article 9
1. The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.
The Union's institutions shall be:
- the European Parliament,
- the European Council,
- the Council,
- the European Commission (hereinafter referred to as "the Commission"),
- the Court of Justice of the European Union,
- the European Central Bank,
- the Court of Auditors.
2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.
3. The provisions relating to the European Central Bank and the Court of Auditors and detailed provisions on the other institutions are set out in the Treaty on the Functioning of the European Union.
4. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity."
***
The institutions have an obligation to act for the common good: the values, objectives and interests of the Union as well as those of its citizens. This obligation encompasses the intergovernmental institutions, the European Council and the Council, too.
Although not the most powerful among the institutions, the Lisbon Treaty continues to mention the European Parliament first, as a sort of “moral victory” for the citizens of the Union. Next, we turn to the EP.
Ralf Grahn
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