Master in

Parliamentary procedures and legislative drafting

(EUPADRA)

THE EUROPEAN PARLIAMENT

IN THE “COMPOSITE”
EUROPEAN CONSTITUTION

LECTURE 3

24 October 2016 – Rome – LUISS Guido Carli

Olivier COSTA

1
V. Composi*on of the EP
n  Before 1979: members of the na2onal parliaments exer2ng a
double mandate;

n  Since 1979: decision of the Council (1976) to proceed to direct

elec2ons;

24/10/16 2
n  MEPs are today 751: breakdown between member states
according to their “weight”
n  From 96 for Germany to 5 for Malta.

EP should be a chaos but is not, thanks to 3 categories of organs:

n  Poli2cal groups
n  Parliamentary commiOees
n  Hierarchical organs

24/10/16 3
1.  Poli'cal groups

Since 1953, MEPs are sea2ng in the chamber according to their

poli2cal orienta2on.

The poli2cal structure of the EP is specific.
The cleavage between pro-integra2on and con- is very
important.
n  From 1952 to 1965, the EP was mainly composed by
Chris2an-democrats, Social-democrats and Liberals
n  In 1965, French “Gaullists” have created their own group
n  In 1974, Communists have done the same
n  In 1979, the direct elec2on has widened the poli2cal
spectrum of the EP.

24/10/16 4

Since the first direct elec2ons there has always been:
n  A Chris2an democrat group (today EPP)
n  A Socialist group (today S&D)
n  A Liberal group (today ALDE)
n  A group of Greens/Ecologists (today Greens/EFA)
n  A group from the Extreme Le] (GUE/NGL)
n  One or two groups of Sovereignists of Euroscep2cs (today
ECR and EFDD)
n  Some2mes, a group of the Extreme Right (ENF)
n  Non-aOached members

24/10/16 5
 Composition of the EP (20th Oct 2016):

24/10/16 6
24/10/16 6
24/10/16 7
Composition
of the PE
(20th Oct 2016)

(1)

24/10/16
8
 (2)

24/10/16 9

Today, EP’s delibera2on is driven by mul2ple, overlaping
cleavages:
-  Poli2cal / par2san
-  Na2onal
-  Sectoral

The importance of those cleavages varies along the topic, the

stakes and the poli2cal context.

The MEPs are very o]en called by the trea2es to vote not by
simple or absolute majority, but by the majority of members
(today: 376 over 751).

Majority are o]en found within large coali2ons, including EPP
and S&D.

24/10/16 10
Winning majorities (2004-2009). Source: votewatch.eu

24/10/16 11
Participation to winning majorities (2004-2009). Source: votewatch.eu

24/10/16 12
 The ‘block’

0% 20% 40% 60% 80% 100%

EPP+S&D+ALDE Greens ECR+EFDD+NI+GUE/NGL

Source:
Votewatch
 Le:-Right spectrum

S&D+Greens+GUE ALDE EPP+ECR EFDD NI

0% 50% 100%
Source:
Votewatch
 Frequency of the EPP-S&D coali*on

Source:
Votewatch
Rise of Euroscep*cism
Tendency to oppose a PPE & S&D coalition (2004-2009).
Source: votewatch.eu

24/10/16 17
 Master in
Parliamentary procedures and legislative drafting
(EUPADRA)

THE EUROPEAN PARLIAMENT

IN THE “COMPOSITE”
EUROPEAN CONSTITUTION

LECTURE 4

25 October 2016 – Rome – LUISS Guido Carli

Olivier COSTA

1
 Diversity of coalli/ons

Source:
Votewatch
 Adop/on rate of amendments
(Sept. 2009 - Jul. 2012)
Amendments in plenary
200 70,00%

180
60,00%

160

50,00%
140

120
40,00%

100

30,00%
80

60
20,00%

40

10,00%
20

0 0,00%
GUE Greens S&D Alde EPP ECR EFD

Number of Amendments Number of approved amendments Approval rate

Appointement of the Juncker Commission (22.10.2014)

24/10/16 4
 Appointment of the Commission (2004-2014)
Votes - ElecNon of the EU Commission (%)
80%

70%
70%
66%

60%
60%

50%

40%

30%
30%

22%
20%
20%

12%
10% 10%
10%

0%
2004 2009 2014
Source: For Against Abstension
Votewatch
The 2 main groups are quite cohesive.
In the EP, group cohesion is, first of all, the result of a deep
division of work
PoliNcal groups in the EP don’t have the same funcNons at
European and naNonal levels and the same relaNonship with
their members.

EP poliNcal groups have led to the creaNon of transnaNonal
federaNons of parNes.
The treaty of Maastricht has underlined their importance.

24/10/16 6
Groups cohesion rates
(07.2014-12.2014)
European parties Abbr. Creation  Members

European People’s Party EPP 1976 74

Party of European Socialists PES 1992 52
Alliance of Liberals and Democrats for Europe Party ALDE 2004 55
European Green Party EGP 2004 48
European Free Alliance EFA 1981 41
Party of the European Left EL 2004 37
European Christian Political Movement ECPM 2002 46
European Democratic Party EDP 2004 10
Alliance of European National Movements AENM 2009 16
Alliance of European Conservatives and Reformists ECR 2009 18
Movement for a Europe of Liberties and Democracy MELD 2011 12
Movement for a Europe of Nations and Freedoms MENF 2014 5
European Alliance for Freedom EAF 2010 8
EU Democrats EUD 2005 17
24/10/16 8
2. Parliamentary commi0ees

Like in all « modern » chambers, parliamentary commi_ees play
a key role in EP’s deliberaNon.
Their role is favored by EP organizaNonal independence.
Today, there are 20 commi_ees, mirroring more or less the
organizaNon of Commission’s DGs.
ComposiNon of commi_ees: they reflect the poliNcal equilibrium
of the EP.

24/10/16 9
3. Hierarchical organs

Like every parliament, EP has officers:
n  The Bureau: President, 14 vice-presidents, (+ quaestors)
n  The Conference of Presidents: President + chairs of poliNcal
group
n  The Conference of commi_ee chairs
n  The Conference of delegaNon chairs

They ensure a high degree of

« raNonalisaNon » of the
deliberaNon.

24/10/16 10
VI. EP’s powers

The EP has 6 kinds of powers, that are not completely similar to
those of NaNonal Parliaments’.


1.  “Tribuni;an power”

AdopNon of non-legislaNve resoluNons at simple majority.
This power was very important unNl the Single European Act.
The EP sNll uses this tool today.

24/10/16 11
2.  Power of control

Since 1957, the EP can censure the Commission.

It can also:
n  Ask quesNons to the Commission and the Council
n  Create temporary commi_ee and commi_ees of inquiry
n  Exert a deep budgetary control
n  Ask for reports
n  Organise hearings
n  Use different kinds of informaNon
n  ScruNnize Commission’s work through comitology and
delegated legislaNon.

24/10/16 12
3. Legisla;ve power

UnNl the middle 1980s, EP’s legislaNve power was only symbolic,
through the procedure of consulta.on.
Since, it has been widely expanded by each treaty: Single
European Act, Maastricht, Amsterdam, Nice, Lisbon.
Today, the EP is involved in the legislaNve process through the
“ordinary legislaNve procedure” (“codecision” is sNll not an
official term) on nearly all ma_ers.

Historically, the EP has been associated to the decision through
4 procedures:

24/10/16 13
i.  ConsultaNon: the EP is only expressing a point of view.
The treaNes have progressively replaced this procedure by the
procedure of codecision in most cases.
The treaty of Lisbon has however extended the procedure.

i.  The Single European Act has created a procedure of

“cooperaNon”.
CooperaNon has disappeared due to the treaty of Lisbon.

24/10/16 14
iii.  The Treaty of Maastricht has created the procedure of
“codecision”.
It associated the EP to the decision through a complex system of
up to 3 readings in each insNtuNon (EP and Council).
With the treaty of Lisbon, it becomes the “ordinary legislaNve
procedure”, applying to 40 new arNcles.

iv. In some limited cases (mainly raNficaNon of external

agreements), the EP is associated to the decision through
the consent procedure (ex-assent procedure).
EP must approve (at simple majority) or reject the proposal,
without any amendment.

24/10/16 15
4. Budgetary powers

The EP is sharing the budgetary power with the Council since the
creaNon of EC’s own resources (1970 & 1975).
The Commission is draming the budget; the EP and Council can
amend it; EP’s President must sign it at the end of the
procedure.
EP’s power limited by various rules and by the pluri-annual
budgetary packages.
Also, the EP has no power at all regarding the resources, even if
it tries to get some through negoNaNons with the Council.

24/10/16 16
 5. Appointment powers

The EP plays a formal role in the appointment of the

Commission, ECB governors, Ombudsman, members of the
Court of Auditors, etc.
With the treaty of Lisbon, it also has to approve the High
representaNve, as a member and Vice-President of the
Commission.

24/10/16 17
The appointment process of the Commission counts 7 steps:
1.  Amer the European elecNons, the President of the
Commission is chosen by the European Council at qualified
majority
In 2014 the EP was able to force the choice of the European Council

2.  The EP has to approve that choice by a vote

3.  The European Council chooses the 27 other members in
accordance with the President;
4.  The President decides on commissioners’ responsibiliNes and
vice-presidencies;
5.  The EP organizes hearings within its parliamentary
commi_ees;
6.  The EP votes to appoint the Commission;
7.  The Commission is appointed for 5 years.
24/10/16 18
6. CFSP, JHA and Fiscal compact

EP’s powers originally limited.
With the treaty of Lisbon: JHA is ruled by the codecision
procedure and the EP is consulted on more topics linked to
CFSP.

The role of the EP in the Fiscal compact is very limited.

24/10/16 19
Globally, the treaty of Lisbon has much expanded EP’s powers.
More generally, the treaty of Lisbon is acknowledging, for the
first Nme, a general and “horizontal” power for the EP.

Ar.cle 14
1.  The European Parliament shall, jointly with the Council,
exercise legisla.ve and budgetary func.ons. It shall exercise
func.ons of poli.cal control and consulta.on as laid down in
the Trea.es. It shall elect the President of the Commission.

+ ArNcle 10 on representaNve democracy.

MEPs are thus encouraged to conNnue to ask for a
reinforcement of their policy-making and control powers.

24/10/16 20
VII. Decision-making in the EP

Art. 289 Treaty on the Func/oning of the European Union:

1.  The ordinary legisla.ve procedure shall consist in the joint

adop.on by the European Parliament and the Council of a
regula.on, direc.ve or decision on a proposal from the
Commission. This procedure is defined in Ar.cle 294.

2.  In the specific cases provided for by the Trea.es, the adop.on
of a regula.on, direc.ve or decision by the European
Parliament with the par.cipa.on of the Council, or by the
laJer with the par.cipa.on of the European Parliament, shall
cons.tute a special legisla.ve procedure.

24/10/16 21
3. Legal acts adopted by legisla.ve procedure shall cons.tute
legisla.ve acts.

4. In the specific cases provided for by the Trea.es, legisla.ve
acts may be adopted on the ini.a.ve of a group of Member
States or of the European Parliament, on a recommenda.on
from the European Central Bank or at the request of the Court
of Jus.ce or the European Investment Bank.

24/10/16 22
With the treaty of Lisbon, there are thus 2 main procedures:

n  “Ordinary legisla/ve procedure”, with qualified majority or

unanimity in the Council.

n  “Special legisla/ve procedure”: the two mains are:

n  consulta/on procedure (1952)

n  consent procedure (1987, “assent procedure”)

24/10/16 23
ORDINARY LEGISLATIVE PROCEDURE

1.  FIRST READING

n  The proposal comes before the EP and the Council.

n  The EP votes on the proposal and may propose amendments
n  Council's posiNon at the end of the first reading is known as
the common posi.on.
n  In order for the proposal to become law, Council and EP must
agree upon an idenNcal final text.
n  If there’s an agreement, the proposal becomes law
n  Otherwise, there is a second reading in each insNtuNon

n  The Commission may alter or withdraw its proposal at any

Nme before the Council has acted its common posiNon.

24/10/16 24

2. SECOND READING

n  EP must complete its second reading within three months, or
else Council's common posiNon is deemed to have been
accepted.
n  The Council then has three months to vote on whether to
accept the EP’s amendments to the common posiNon, in
which case it becomes law.

24/10/16 25
3. THIRD READING

n  If the Council does not accept the EP’s second reading
amendments a conciliaNon commi_ee is set up.
n  The commi_ee a_empts to negoNate a compromise text
which must then be approved by both insNtuNons in a third
reading.
n  Both EP and Council have the power to reject a proposal
either at second reading or in third reading.

24/10/16 26
24/10/16 27
Source: EP, « AcNvity report on codecision and conciliaNon », 7th
parliamentary term, 2014
24/10/16 28
24/10/16
Source: EP 29
2. Trialogues

n  Council officials have accepted the principle of a "trialogue"
with the Parliament and the Commission on legislaNve ma_ers
by the end of the 1990s.
n  The three insNtuNons charge a limited number of
representaNves to negoNate a text in the margins of the
formal procedure.
n  On 30 June 2007, the EP, the Council and the Commission
adopted a joint declaraNon on pracNcal modaliNes for co-
decision.

24/10/16 30
n  There are several categories of trialogues, more or less formal.
n  Now, the parNcipaNon of the Council and the EP in a trialogue
requests a formal mandate, more or less detailed.
n  Trialogues start when the Parliamentary commi_ee and the
working group have adopted their amendments.

24/10/16 31
For the EP (15-20 persons):
n  rapporteur
n  chair of the commi_ee
n  shadow rapporteurs / coordinators
n  agents of the groups
n  agents of the SG
For the Council (8-10 persons):
n  President of the COREPER or President of the Working Group
n  1 or 2 agents of the Presidency
n  3 or 4 agents of the SG (unit in charge)
n  Legal service
For the Commission (10 persons)
n  Director General or Head of Unit
n  desk officers of the Unit
n  people from the SG (units “Council” and “EP”)
n  Legal Service
24/10/16 32
In the EP, the adoption of a legislative text follows a very
formal process with eight steps:

1.  the proposal from the Commission is transmitted to the

relevant parliamentary committee;
2.  the committee designates a rapporteur;
3.  open discussions with the MEPs following the oral
presentation by the rapporteur's overview of the issue;
4.  the report is translated and distributed to committee
members;
5.  the committee evokes the report a second time;

24/10/16 33
6.  the commi_ee vote on the amendments, then the points of
the resoluNon and the enNre text;
7.  the report is translated, printed and distributed to all MEPs
and included on the plenary session agenda;
8.  the rapporteur presents the report + brief discussion on the
text + presentaNon of amendments + vote.

24/10/16 34
D. EP’s nature

The EP has more influence than it seems: enjoys far more
freedom and autonomy than most naNonal parliaments.

However, EP’s powers are closely linked to MEPs’ ability to build
large majoriNes in short delays.

24/10/16 35
It is a true challenge if we consider the numerous constraints
that weight on EP’s deliberaNon:

1.  SupranaNonal nature of the EP
2.  Heterogeneity of the EP and of its poliNcal groups; no real
European parNes
3.  European elecNon as “second order” elecNons; high turnover
of MEPs
4.  UncertainNes about EU poliNcal regime
5.  Legal/consNtuNonal constraints

24/10/16 36
However, the EP also benefits from some specific resources:

1.  “Youth” and adaptability of the insNtuNon
2.  Dynamism of MEPs – especially new comers
3.  Organic independence and organizaNonal autonomy
4.  Independence vis-à-vis naNonal and European parNes
5.  Existence of several cleavages

24/10/16 37
 Master in
Parliamentary procedures and legislative drafting
(EUPADRA)
THE EUROPEAN PARLIAMENT
IN THE “COMPOSITE”
EUROPEAN CONSTITUTION
10 October 2016 – Rome – LUISS Guido Carli
Olivier COSTA
1


ABOUT THE PROF:

Director,
Department of Poli/cal and Administra/ve Studies
College of Europe, Bruges

CNRS Research Professor,
Centre Emile Durkheim, Sciences Po Bordeaux, France

2
Research topics:
EU studies and compara/ve poli/cs
- European Union ins/tu/ons
- European Parliament
- European Union policies
- Europeaniza/on
- Parliaments in Europe
- Interest representa/on in the European Union

3
Main publicaBons:
n  with F. Saint Mar/n, Le Parlement européen, 2° ed., 2011
n  with N. Brack, Le fonc1onnement de l’Union européenne,
Brussels, 2° ed, 2014
n  with N. Brack, How the EU really func1ons, Ashgate, 2014
n  with S. Brouard and T. König (ed.), The Europeaniza1on of
domes1c legislatures, Springer, New York, 2012
n  with N. Brack (ed.), Diverging Views of Europe: Euroscep1cism
within the EU Ins1tu1ons, London, Routledge, 2012
More info and papers to download:
hVp://sciencespobordeaux.academia.edu/OlivierCOSTA
4
 I. THE MAIN STEPS
OF EUROPEAN INTEGRATION
11/10/16 5
TreaBes Signature Entry into force
24.07.1958
Treaty establishing the European Coal and Steel Community (Paris Treaty) 18.04.1951
(exp. 23.07.2002)
TreaBes establishing the European Economic Community (EEC) and the and the
25.03.1957 01.01.1958
European Atomic Energy Community (Rome TreaBes)
Merger Treaty 08.04.1965 01.07.1967
Treaty amending Certain Budgetary Provisions 22.04.1970 01.01.1971
Treaty amending Certain Financial Provisions 22.07.1975 01.06.1977
Treaty on Greenland 13.03.1984 01.01.1985
Single European Act 28.02.1986 01.07.1987
Treaty on European Union (Maastricht Treaty) 07.02.1992 01.11.1993
Treaty of Amsterdam 02.10.1997 01.05.1999
Treaty of Nice 26.02.2001 01.02.2003
Treaty of Lisbon 13.12.2007 01.12.2009
Fiscal Compact (Treaty on Stability, CoordinaBon and Governance in the Economic 02.03.2012 01.01.2013
and Monetary Union) (27 minus Czech (16 states)
Rep. and UK)
11/10/16 6
TreaBes of Accession Signature Entry into force
United Kingdom, Ireland and Denmark 22.01.1972 01.01.1973
Greece 28.05.1979 01.01.1981
Spain and Portugal 12.06.1985 01.01.1986
Austria, Finland and Sweden 24.06.1994 01.01.1995
Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia
16.04.2003 01.05.2004
and Slovenia
Bulgaria and Romania 25.04.2005 01.01.2007
CroaBa 09.12.2011 01.07.2013
11/10/16 7
 MAPS
1951
Founding Members
Belgium
France
Germany
(west part)
Italy
Luxembourg
Netherlands
 1973
Denmark
Ireland
United Kingdom
1981
Greece
 1986
Portugal
Spain
November 1989
Fall of the
Berlin Wall
sets the
stage for
unifying
Europe and
EU enlargement
1995
Austria
Finland
Sweden
 2004
Cyprus
Czech Republic
Estonia
Hungary
Latvia
Lithuania
Malta
Poland
Slovakia
Slovenia
 2007
Bulgaria
Romania
 The EU today
Candidate Countries:
• Former Yugoslav
Republic of Macedonia
• Turkey
• Iceland (withdrawn in
03.2015)
• Montenegro
• Serbia
• Albania
Potential Candidate
Countries
• Bosnia & Herzegovina
• Kosovo
 II. THE TRANSFORMATIONS
OF THE EU POLITICAL REGIME
1957: the Community Method
1990s: the rise of the European Parliament
2009: the institutionalization of the European
Council
2014: parliamentarization of renationalization?
6/14/15 16
 1957: a sui generis insBtuBonal system
COUNCIL
EUROPEAN PARLIAMENT
COMMISSION
COURT OF JUSTICE
17
 2016: the EU as a quadripar/te system
EXECUTIVE POWER LEGISLATIVE POWER
EUROPEAN COUNCIL
COUNCIL
EUROPEAN PARLIAMENT
COMMISSION
COURT OF JUSTICE
18
 The European District (Brussels)
6/14/15 19
Building ‘Europa’, Headquarter of the European Council
The European Commission Headquarter: The Berlaymont
The Council Headquarter: The Justus Lipsius
The European Parliament seats:
The Espace Leopold (Brussels)
The European Parliament:
Building Louise Weiss (Strasbourg)
6/14/15 24
 The Court of JusBce (Luxembourg)
6/14/15 25
 The European Central Bank (Frankfurt)
6/14/15 26
 Donald Tusk (PL) (European Council)
Martin Schulz (GE) (European Parliament)
Jean-Claude Juncker (LU), European
6/14/15 Federica Mogherini (IT) (High 27
Commission
Representative for F.A.)
6/14/15 28
 European Council (2015)
6/14/15 29
 European Parliament
6/14/15 30
 III. The first ten years
•  10 September 1952: ECSC (European Coal and Steel
Community) Common Assembly holds first meeting; 78
members
•  June 1953: Political groups recognised - Socialist,
Christian Democrat and Liberal groups created;
henceforth, members sit, work and vote by parliamentary
group (8 today)
•  March 1953: Ad hoc Assembly proposes creation of
European Political Community incorporating ECSC and
European Defence Community (rejected in 1954)
•  1 January 1958: Rome Treaty enters into force - now
called European Assembly and enlarged to 142 members.
One Assembly for 3 communities.
•  May 1960: adoption of proposed Convention on direct
elections
•  30 March 1962: European Assembly decides to call itself
« European Parliament »
 Article 138 EEC (1957)
« The Assembly shall draw up proposals for
elections by direct universal suffrage in
accordance with a uniform electoral
procedure in all member states »
 The EU historical timeline
1957 1973 1979 1985 1992 1997 2002 2004 2007 2009
. . . . . . . . . . .
EMS, EP Direct Constitution
Rome Delors Maastricht Amsterdam
elections Nice Lisbon
Single Economic
Single Single
EP DTEU Currency governance
European Act Market
of Eurozone
Enlargement Enlargement Enlargement Enlargement
(UK, IE, DK) (GR, PT, ES) (SE, FIN, AT) (CEECs)
Stagnation Progress Stagnation Progress?
The future on
hold?
 Master in
Parliamentary procedures and legislative drafting
(EUPADRA)

THE EUROPEAN PARLIAMENT

IN THE “COMPOSITE”
EUROPEAN CONSTITUTION

Lecture 2

10 October 2016 – Rome – LUISS Guido Carli

Olivier COSTA

1
IV. The European Parliament’s
road to political power
First Direct Elections 1979: 410 MEPS

Single European Act 1986

•  Institutional blueprint: EP’s Draft Treaty on European
Union, 1984 (Spinelli Report)
•  Linkage of institutional change with completion of
internal market
•  Introduction of cooperation procedure between EP and
Council (stepping stone to codecision)
•  Assent procedure – ratification of accession treaties and
association agreements
Maastricht 1991
•  an important step forward
•  Codecision for a quarter of EU legislation:
•  Parliamentary assent extended to all important
agreements
•  EP “consulted” on Commission President
•  Vote of confidence on incoming Commission
•  Coincidence of terms of office of Parliament and
Commission (5 years)
•  Parliamentary ombudsman created
•  (Quasi-) right of legislative initiative
Amsterdam 1996
•  EP vote on incoming Commission President becomes
legally binding
•  Codecision extended from 15 legal bases to 38, including
transport, environment; possibility of agreement at first
reading introduced;
•  Codecision procedure simplified
•  Provides for Members’ statute

Nice 2001
•  Codecision extended slightly
•  Commission President and college nominated by QMV
•  President to decide on allocation of portfolios,
resignation, etc;
•  Statute for European political parties
Lisbon 2007
•  Codecision becomes ‘ordinary legislative procedure’
•  Still some “special legislative procedures” where EP is
only consulted
•  Budget: distinction between non-compulsory and
compulsory spending finally abolished
•  Financial perspective to be adopted after EP “consent”
•  European Council to “take into account” outcome of EP
elections in proposing a candidate for Commission
President
•  Parliament to “elect” Commission President
•  A new power: legislative delegation to the Commission
Not to be over-looked: the extra-treaty, informal and
incremental steps
n  From 1979 expectations were those of elected
parliamentarians, bringing a profound shift in attitudes
within and towards parliament
n  Exploitation of EP Rule changes

n  Parliamentary questions

n  Legislative initiatives

n  Inter-institutional agreements, working practices,

codes of conduct, etc.
n  Setting the agenda for constitutional change