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Article 14 TEU and Article 223 et seq. TFEU.

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Presentation on theme: "Article 14 TEU and Article 223 et seq. TFEU."— Presentation transcript:

1 Article 14 TEU and Article 223 et seq. TFEU.
European Parliament Article 14 TEU and Article 223 et seq. TFEU.

2 Introduction Role: Directly-elected EU institution with legislative, supervisory, and budgetary responsibilities; Members: 751 MEPs (Members of the European Parliament); President: Antonio Tajani; Established in: 1952 as Common Assembly of the European Coal and Steel Community, 1962 as European Parliament, first direct elections in 1979; Location: Strasbourg (France), Brussels (Belgium), Luxembourg.

3 Introduction When the EEC and Euratom were founded, the „Common Assembly "of the Communities were replaced by a single „Assembly” common to all of the three Communities. On 21 March 1958 the Assembly decided to call itself the „European Parliament”.

4 Introduction The title „European Parliament” did not gain acceptance until the Single European Act (1986).

5 Tasks General remarks Originally, the tasks of the EP consisted of certain consultative and controlling competences only. Now Article 14 (1) TEU refers to its role as a legislating and budgetary body which is to be exercised in cooperation with Council.

6 Tasks The Parliament has 3 main roles: 1. Legislative functions: passing EU laws, together with the Council, based on the Commission proposals; deciding on international agreements; deciding on enlargements and reviewing the Commission's work programme and asking it to propose legislation;

7 Tasks 2. Supervisory functions: democratic scrutiny of all EU institutions; electing the Commission President and approving the Commission as a body. Possibility of voting a motion of censure, obliging the Commission to resign; granting discharge, i.e approving the way EU budgets have been spent; examining citizens' petitions and setting up inquiries; discussing monetary policy with the European Central Bank; questioning Commission and Council and election observations

8 Tasks 3. Budgetary functions: establishing the EU budget, together with the Council and approving the EU's long-term budget, the "Multiannual Financial Framework„ (Article 314 TFEU).

9 Tasks Other tasks: Right of initiative. The EP has the right to initiative a decision of the European Council on establishing the composition of the EP. Has the right to take initiative by requesting the Commission to submit a proposal for a Union act (Article 225 TFEU)

10 Tasks Right to consultation. In some matters like: the procedure of Treaty amendments, some matters of police cooperation, the procedure of concluding international agreements, the Treaties provide a right of the EP to be consulted by the Council. It is not allowed to adopt legislative acts without the EP’s opinion. There is no obligation to follow the EP’s recommendation.

11 Tasks Legal protection. If the rights of the EP in legislative procedure have been ignored, the institutional balance between the institutions has been neglected, which is part of the democratic principle. Thus the resulting legislative act infringes the Treaty. Therefore the EP may bring an action for the annulment of the act to the CJEU.

12 Supervision of the Commission
The Commission is politically answerable to the EP. This is reflected in the EP’s right to put oral or writing questions to the Commission (Article 230(1)TFEU). The Commission is oblige to answer them; The Commission is subject as a body to a vote of consent by the EP, after which it is appointed by the European Council, acting QMV (Article 17(7) TEU);

13 Supervision of the Commission
The EP has the right to pass a motion of censure on the activities of the Commission (Article 234); The Commission is required to draw up an annual report on the activities of the EU and other reports for presentation to the EP (Article 233).

14 Relations with the Council and the European Council
The Treaties do not confer any general power of supervision on the EP as far as the Council is concerned. The EP has the right to put questions to the Council. The President of the European Council is obliged to inform the EP in matters of CFSP and to present a report after each of the meetings of the European Council.

15 External relations The EP has to give is consent to association agreement (Article 310TFEU); The EP has to give is consent to the accession of new Member States to the EU(Article 49TEU); The EP has to give is consent to international agreements having important budgetary implications (Article 218(6) TFEU);

16 External relations The EP has to give is consent to the agreement whereby the EU is to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 218(6) TFEU); The EP is consulted on the conclusion of all other international agreements, with exception of those coming under the CFSP (Article 218(11) TFEU).

17 Voice of citizens The EP represents the interests in the exercise of its various powers. Members of the EP may be informed of problems personally. Citizens of the EU and any natural or legal person residing or having its registered office in a Member State have the right to petition to the EP (Article 24(2),Article 227TFEU).

18 Voice of citizens Persons qualifying to exercise the right of petition under Treaties may also submit complaints of maladministration in the activities of the EU institutions, agencies and bodies to the European Ombudsman, who is closely connected to the EP (Article 228TFEU).

19 Composition-Article 14(2) TEU
Since 1951 until 1979, the representatives of the EP had to be elected by the Parliaments of the Member States from among their members. On 17 July 1979 the Council adopted Act on the election of representatives to the European Parliament by direct universal suffrage.

20 Composition „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”.

21 Composition The number of seats for member States ranges between a minimum of 6 (Malta, Estonia, Cyprus, Luxemburg) and a maximum of 96 parliamentary seats (Germany). France-74; UK- 73; Italy- 72; Spain- 54; Poland- 51. Latvia-8; Slovenia-8.

22 Composition The total number cannot exceed 751 (750 plus the President). MEPs are grouped by political affiliation, not by nationality. The President represents Parliament to other EU institutions and the outside world and gives the final go-ahead to the EU budget.

23 Principles of election
Article 14 (3) TEU: „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”.

24 Principles of election
The legislative period of the EP comprises 5 years. The principle of universality of the suffrage means that in general every Union citizen has the right to elect and to be elected. Direct suffrage; A free and secret ballot; The equal ballot.

25 Internal organisation- Presidency
Article 14(4) TEU: „The European Parliament shall elect its President and its officers from among its members”. The President and the member officers of the Bureau are elected from among the EP’s members.

26 Internal organisation- Presidency
The President is elected for a renewable term of two and a half years, i.e. half the lifetime of a Parliament. The President represents the European Parliament vis-à-vis the outside world and in its relations with the other EU institutions.

27 Internal organisation- Presidency
The Bureau consists of the President and the 14 Vice-Presidents of EP. Besides the Bureau there is the so-called Conference of Presidents. It consists of the President of EP and the Chairs of the political groups.

28 The Political groups of the European Parliament
The Members of the European Parliament sit in political groups – they are not organised by nationality, but by political affiliation. There are currently 8 political groups in the European Parliament. 25 Members are needed to form a political group, and at least one-quarter of the Member States must be represented within the group. Members may not belong to more than one political group. Some Members do not belong to any political group and are known as non-attached Members.

29 Further institutions The EP may set up committees for assisting its work. The EP may also set up interparliamentary delegations. The EP is assisted by a Secretary-General who is appointed by the Bureau.

30 How does the Parliament work?
The EP operates in accordance with its Rules of Procedure, adopted by majority of votes (Article 232). The EP is entitled to „adopt appropriate measures to ensure the due functioning and conduct of its proceedings”.

31 How does the Parliament work?
Parliament's work comprises two main stages: Committees- to prepare legislation. The Parliament numbers 20 committees and two subcommittees, each handling a particular policy area. The committees examine proposals for legislation, and MEPs and political groups can put forward amendments or propose to reject a bill. These issues are also debated within the political groups.

32 How does the Parliament work?
Plenary sessions- to pass legislation. This is when all the MEPs gather in the chamber to give a final vote on the proposed legislation and the proposed amendments. Normally held in Strasbourg for four days a month, but sometimes there are additional sessions in Brussels.

33 How does the Parliament work?
It annual session meets on the second Tuesday in March. The session includes monthly meetings of committees and political groups and plenary session. The Commission is entitled to attend meetings. Its members may make statements to the EP.

34 European Ombudsman- Article 228TFEU
Role: Investigates complaints against EU institutions, bodies, offices & agencies; Ombudsman: Emily O'Reilly; Established in: 1995; Location: Strasbourg.

35 How is the Ombudsman chosen?
The European Parliament elects the Ombudsman for a renewable 5-year term. The election takes place after each election of the EP for the duration of the legislative period. Re-election is admissible. The Ombudsman holds his office independently.

36 How is the Ombudsman chosen?
During his term office, the Ombudsman is not allowed to be engaged in any other occupation. A dismissal can only be run by the CJEU at request of the EP, in case when the Ombudsman no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct.

37 What does the Ombudsman do?
The Ombudsman investigates complaints about maladministration and looks into broader systemic issues with the EU institutions. For example: unfair conduct; discrimination; abuse of power; lack of information or refusal to provide it; unnecessary delays or incorrect procedures.

38 How does the Ombudsman work?
The Ombudsman's office launches investigations either in response to complaints or on its own initiative. An impartial body, it takes no orders from any government or other organisation. It produces an annual activity report for the European Parliament.

39 How does the Ombudsman work?
The Ombudsman aims to achieve friendly solutions that satisfy both the complainant and the institution involved. He offers free, fast, and flexible services. In many situations, the Ombudsman provides a useful alternative remedy to the courts.

40 What can you not complain about?
The European Ombudsman’s mandate is limited to the EU institutions, bodies, offices, and agencies. The Ombudsman cannot investigate complaints against: national, regional, or local authorities in the Member States, even when the complaints are about EU matters; national courts or ombudsmen or businesses or private individuals.


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