Definition and Legal Status of the European Parliament
Das European Parliament (EP) is one of the seven institutions of the European Union (EU) and serves as the directly elected legislative body representing the Member States. It is anchored in the EU’s primary law, in particular in the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The European Parliament plays a crucial role in European legislation, budgetary supervision, and political oversight.
Legal Foundations
Anchoring in Primary Law
The fundamental legal basis for the European Parliament is provided by Articles 10 to 12 and 223 to 234 TFEU. Article 14 TEU also defines its core competences, composition, and functioning.
Art. 14 TEU stipulates that the Parliament exercises legislative and budgetary powers together with the Council, and performs political oversight and advisory functions. In addition, the rules of the TFEU specify the procedures for its election, composition, procedures, and special rights.
Secondary Law Provisions
The Rules of Procedure of the European Parliament and various regulations specify internal parliamentary procedures, rights and duties of Members, as well as procedures for parliamentary work.
Composition and Mode of Election
Composition
Since 2024, the European Parliament is composed of 720 Members representing citizens of the Union. The allocation of seats follows the principle of degressive proportionality under Art. 14 para. 2 TEU, with each Member State assigned a minimum and maximum number of seats.
Electoral System
Members of the Parliament are elected every five years on the basis of universal, direct, free, and secret elections. The legal details are governed by the respective national electoral laws in conjunction with Directive 93/109/EC.
Competences and Functions
Legislative Functions
Together with the Council of the European Union, the Parliament exercises legislative powers under the ordinary legislative procedure (Art. 294 TFEU). In certain areas, it has co-decision rights; in others, rights of consent or consultation.
Ordinary Legislative Procedure
The ordinary legislative procedure (formerly co-decision procedure) grants the European Parliament equal co-decision rights with the Council. Legislation can only be enacted under this procedure if both institutions agree.
Special Legislative Procedures
In certain cases, EU primary law provides for a special legislative procedure where Parliament is either only consulted (consultation procedure) or must give its consent (consent procedure), for example in the case of enlargements of the European Union.
Budgetary Powers
Article 314 TFEU provides that the European Parliament, together with the Council, adopts the annual budget of the Union. It has the right to propose amendments and can reject the overall budget.
Control Rights and Political Oversight
The European Parliament exercises comprehensive control and supervisory rights over the institutions of the European Union. It can ask questions of the Commission and the Council, establish committees of inquiry (Art. 226 TFEU), and adopt motions of censure against the Commission (Art. 234 TFEU).
Election and Oversight of the Commission
The Parliament participates in the election of the President of the Commission and approves the College of Commissioners as a whole (Art. 17 TEU, Art. 230 TFEU). It can express a vote of no confidence in the Commission, requiring its resignation.
Other Functions
Other functions include, among others, giving consent to international agreements (Art. 218 TFEU), approval for the appointment of Members of the European Court of Auditors, the President of the European Central Bank, and the High Representative for Foreign Affairs and Security Policy.
Internal Organization and Working Methods
Bodies and Political Groups
The European Parliament elects from among its Members the President and the Bureau, which also includes Vice-Presidents (Art. 232 TFEU). The groups are formed along political lines and require a minimum number of members.
Committees
To prepare decisions, there are standing and temporary committees which deliberate on draft legislation, prepare reports, and make recommendations.
Sitting Order and Work Locations
The official seat of the European Parliament is in Strasbourg (Art. 341 TFEU), while most committee and group meetings take place in Brussels. Administration is primarily based in Luxembourg.
Legal Status of Members
The rights and duties of Members, including immunity, remuneration, incompatibilities, and transparency rules, are regulated in Protocols (No. 7 to the TFEU), European legal acts, and in the respective national provisions.
Relationship with Other Institutions of the European Union
The European Parliament is part of the institutional balance of the European Union. It works in close cooperation with the Council, Commission, European Council, Court of Justice, Court of Auditors, and other institutions, with responsibilities and competences defined in primary law.
Current Developments and Reforms
The competences and working methods of the European Parliament have been continuously strengthened through multiple EU treaty reforms, most recently by the Treaty of Lisbon. Current challenges and developments include debates on parliamentary involvement in foreign policy, strengthening democratic legitimacy, and transparency initiatives.
Literature and Further Information
- Treaty on European Union (TEU)
- Treaty on the Functioning of the European Union (TFEU)
- Official Website of the European Parliament
- Protocol No. 7 on the Privileges and Immunities of the European Union
This article provides a detailed and comprehensive overview of the term ‘European Parliament’ in the context of European law, including its status, competences, working methods, and legal particularities.
Frequently Asked Questions
Which legal foundations govern the European Parliament?
The legal foundations of the European Parliament are primarily anchored in the Treaties of the European Union, in particular the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Article 14 TEU describes the composition and main responsibilities of Parliament, while numerous articles in the TFEU (especially Articles 223 to 234) contain detailed provisions regarding the organization, responsibilities, procedures, and the rights and duties of Members. In addition to the Treaties, the Parliament’s Rules of Procedure themselves are binding for internal procedures and processes. The case law of the Court of Justice of the European Union (CJEU) also plays a significant role, as it clarifies uncertainties and disputes related to parliamentary powers and procedures.
How is the legislative power of the European Parliament structured within the EU?
The European Parliament shares legislative powers primarily with the Council of the European Union under the so-called ordinary legislative procedure, governed by Article 294 TFEU. In this procedure, Parliament has full co-decision rights: a legislative proposal from the European Commission can only be adopted if both Parliament and Council agree on a joint text. In special legislative procedures, by contrast, Parliament generally has fewer powers; these include consultation and consent procedures, where its role varies. Apart from direct participation in legislation, Parliament does not have a formal right of legislative initiative—this formally rests with the European Commission, though Parliament may invite the Commission to submit a proposal (Article 225 TFEU).
What supervisory rights does the European Parliament have over other EU institutions?
The European Parliament possesses significant supervisory powers to oversee the work of the European Commission, the Council, and other EU bodies. One of its most important instruments is the motion of censure against the Commission as provided in Article 234 TFEU, which—if successful—results in the collective dismissal of the Commission. Parliament also has the right to hear and question individual Members of the Commission and to confirm or reject the election of the President of the Commission (Article 17(7) TEU). Further supervisory mechanisms include committees of inquiry, the right to ask questions to the Commission and the Council, hearings on international agreements, and the annual discharge regarding the Union’s budget management (Article 319 TFEU).
To what extent are the rights of individual Members of the European Parliament legally protected?
The rights of Members of the European Parliament are mainly protected by the Protocol on the Privileges and Immunities of the European Union (Protocol No. 7). These include parliamentary immunity (Articles 8 and 9), which shields Members in their home country and all other EU Member States from prosecution related to their parliamentary activity, as well as their right to freedom of expression within Parliament. They are also entitled to access to information, participation in committees, right of motion and speech, as well as to take part in votes. Further provisions can be found in the Parliament’s Rules of Procedure.
How is the election of the European Parliament regulated by law?
The election of the European Parliament is based on directly applicable EU law and supplementary national regulations. The overall basis is the Act concerning the election of the Members of the European Parliament by direct universal suffrage (1976, as amended), which establishes core principles such as universality, directness, equality, and secrecy of the vote. The specific organization of the electoral modalities (e.g., division of constituencies, electoral thresholds, proportional representation, or list voting) is the responsibility of the Member States within their respective national legal frameworks, provided that they comply with EU law requirements. Details regarding application procedures, exclusions from voting, and transferability of mandates are also regulated.
What rights and duties arise from having a mandate as a Member of the European Parliament?
The mandate of a Member is exercised freely, independently and without an imperative mandate, as stipulated by the Rules of Procedure of the European Parliament and Protocol No. 7. Members are not subject to any employment-like subordination to their home government or party. Their duties include compliance with the Parliament’s code of conduct and disclosure of any conflicts of interest. Members are also subject to common remuneration and pension regulations under the Statute for Members. Additional duties relate to attending sessions and votes, as well as being accountable to Parliament and the public.
What legal regulations apply to committee work in the European Parliament?
The work of parliamentary committees is set out in detail in the Rules of Procedure of the European Parliament (in particular Title V). The committees are responsible for considering legislative proposals in substance, preparing plenary sessions, and overseeing EU institutions. Legally, committee membership is allocated according to the relative strength of the groups. The rights of committee chairs, motions, reporting, public meetings, and the establishment of committees of inquiry and special committees are precisely regulated to ensure transparent and traceable work.
