Editing European Parliament (section)

==Powers and functions==
{{Politics of the European Union}}

The Parliament and Council have been compared to the two [[Chambers of parliament|chambers]] of a [[bicameral]] legislature.<ref>{{Cite web|title=Bicameral Traits At EU Level |url=https://epthinktank.eu/2013/01/25/bicameral-traits-at-eu-level/|date=25 January 2013|access-date=29 April 2016|publisher=European Parliamentary Research Service|quote=A bicameral structure for the European Union has been proposed on numerous occasions. A frequent suggestion, and one designed to address the EU's alleged democratic deficit, is for a second chamber composed of national parliamentarians alongside the European Parliament. However, it is also argued that the EU already has a second chamber, the Council of the EU – representing Europe's nations, with the first chamber, the EP, representing its citizens. In regard to this latter view there are differing opinions.}}</ref> However, there are some differences from [[National parliaments of the European Union|national legislatures]]; for example, neither the Parliament nor the Council have the power of [[legislative initiative]] (except for the fact that the Council has the power in some [[Intergovernmentalism#A theory of regional integration|intergovernmental]] matters). In [[European Community|Community matters]], this is a power uniquely reserved for the [[European Commission]] (the executive). Therefore, while Parliament can amend and reject legislation, to make a proposal for legislation, it needs the Commission to draft a [[Bill (proposed law)|bill]] before anything can become law.<ref>{{cite web|title=Fact Sheets 1.3.8 The Commission|publisher=European Parliament|url=http://www.europarl.europa.eu/factsheets/1_3_8_en.htm|access-date=14 June 2007 }}</ref> The value of a right of initiative has anyway been questioned by noting that in the national legislatures of the member states 85% of initiatives introduced without executive support fail to become law.<ref name="Kreppel">{{cite book|first=Amie|last=Kreppel |editor1-first=Anand |editor1-last=Menon |editor2-first=Martin A. |editor2-last=Schain |title=Comparative Federalism:The European Union and the United States in Comparative Perspective: The European Union and the United States in Comparative Perspective|url=https://archive.org/details/comparativefeder00meno|url-access=limited|pages=[https://archive.org/details/comparativefeder00meno/page/n255 245]–274|chapter=Understanding the European Parliament from a Federalist Perspective: The Legislatures of the USA and EU Compared|publisher=Oxford University Press|date=2006|isbn=978-0-19-929110-6 }}</ref> Yet it has been argued by former Parliament president [[Hans-Gert Pöttering]] that as the Parliament does have the right to ask the Commission to draft such legislation, and as the Commission is following Parliament's proposals more and more Parliament does have a ''de facto'' right of legislative initiative.<ref name="Pot initiative">{{cite web|last=Williams|first=Matt|date=24 June 2008|title=Pöttering defends parliament's role at EU summits|publisher=The Parliament Magazine|url=http://www.theparliament.com/policy-focus/foreign-affairs/foreign-affairs-article/newsarticle/poettering-defends-parliaments-role-at-eu-summits/|access-date=25 June 2008|url-status=dead|archive-url=https://web.archive.org/web/20110524113601/http://www.theparliament.com/policy-focus/foreign-affairs/foreign-affairs-article/newsarticle/poettering-defends-parliaments-role-at-eu-summits/|archive-date=24 May 2011|df=dmy-all}}</ref>

The Parliament also has a great deal of indirect influence, through [[European Union law#Legislation|non-binding resolutions]] and [[Committees of the European Parliament|committee hearings]], as a "pan-European [[soapbox]]" with the ear of [[Brussels and the European Union#Lobbyists and journalists|thousands of Brussels-based journalists]]. There is also an indirect effect on [[Common Foreign and Security Policy|foreign policy]]; the Parliament must approve all development grants, including those overseas. For example, the support for [[Iraq War|post-war Iraq]] reconstruction, or incentives for the cessation of [[Nuclear program of Iran|Iranian nuclear development]], must be supported by the Parliament. Parliamentary support was also required for the [[Atlantic Ocean|transatlantic]] passenger data-sharing deal with the United States.<ref name="Rockwell">{{cite book |last=Schnabel |first=Rockwell |author2=Francis Rocca |title=The Next Superpower?: the Rise of Europe and its Challenge to the United States |publisher=[[Rowman & Littlefield]] Publishers |year=2005 |location=Oxford |page=111 |isbn=978-0-7425-4548-9 }}</ref> Finally, Parliament holds a non-binding vote on new EU treaties but cannot veto it. However, when Parliament threatened to vote down the Nice Treaty, the [[Belgian Federal Parliament|Belgian]] and [[Parliament of Italy|Italian Parliaments]] said that if it did so, they would veto the treaty on the European Parliament's behalf.<ref>{{cite web|last=Kirk|first=Lizabeth|date=11 January 2001|title=No guarantee EP will back Treaty of Nice|publisher=EU Observer|url=http://euobserver.com/9/1249|access-date=19 September 2011 }}</ref>

===Legislative procedure===
With each new treaty, the powers of the Parliament, in terms of its role in the [[Ordinary legislative procedure|Union's legislative procedures]], have expanded. The procedure which has slowly become dominant is the "[[ordinary legislative procedure]]" (previously named "codecision procedure"), which provides an equal footing between Parliament and Council. In particular, under the procedure, the Commission presents a proposal to Parliament and the Council which can only become law if both agree on a text, which they do (or not) through successive readings up to a maximum of three. In its first reading, Parliament may send amendments to the Council which can either adopt the text with those amendments or send back a "common position". That position may either be approved by Parliament, or it may reject the text by an [[Majority|absolute majority]], causing it to fail, or it may adopt further amendments, also by an absolute majority. If the Council does not approve these, then a "[[Trilogue meeting|Conciliation Committee]]" is formed. The committee is composed of the Council members plus an equal number of MEPs who seek to agree a compromise. Once a position is agreed, it has to be approved by Parliament, by a simple majority.<ref name="Parliament's powers">{{cite web|title=Parliament's powers and procedures|publisher=European Parliament|url=http://www.europarl.europa.eu/parliament/public/staticDisplay.do?language=EN&id=46|access-date=12 June 2007}}</ref><ref name="decision making">{{cite web|title=Decision-making in the European Union|publisher=European Parliament|url=http://www.europa.eu/institutions/decision-making/index_en.htm|access-date=18 September 2007|url-status=dead|archive-url=https://web.archive.org/web/20071011040316/http://europa.eu/institutions/decision-making/index_en.htm|archive-date=11 October 2007|df=dmy-all}}</ref> This is also aided by Parliament's mandate as the only directly democratic institution, which has given it leeway to have greater control over legislation than other institutions, for example over its changes to the [[Bolkestein directive]] in 2006.<ref name="FT CIO"/>

In practice, most legislation is adopted at the first reading stage after the Parliament and the Council, having set out their initial positions, then negotiate a compromise text.<ref>{{Cite book |last1=Corbett |first1=Richard |author-link=Richard Corbett |last2=Jacobs |first2=Francis |last3=Shackleton |first3=Michael |title=The European Parliament |edition=9th |publisher=John Harper Publishing |date=2016 |location=London |isbn=978-0-9564508-5-2}} The same three co-authors have written every edition since the first in 1990.
* {{cite book |last=Corbett |first=Richard |author-link=Richard Corbett |title=The European Parliament's Role in Closer EU Integration |publisher=[[Palgrave Macmillan]] |date=June 1998 |location=LBasingstoke |isbn=978-0333722527 }}</ref> These negotiations take place in so-called "trilogue" meetings, in which the Commission is also present.

In a few areas, ''special legislative procedures'' apply. These include justice and home affairs, budget and taxation, and certain aspects of other policy areas, such as the fiscal aspects of environmental policy. In these areas, the Council or Parliament decide law alone after consulting the other (or with its consent).<ref name="lisbon explain"/>

There are different types of [[European Union law#Legislation]].<ref name="Parliament's powers"/> The strongest act is a [[Regulation (European Union)|regulation]], an [[Act of Parliament|act]] or [[Statutory law|law]] which is directly applicable in its entirety. Then there are [[Directive (European Union)|directives]] which bind member states to certain goals which they must achieve. They do this through their own laws and hence have room to manoeuvre in deciding upon them. A [[European Union decision|decision]] is an instrument which is applicable to a particular person or group. Institutions may also issue [[European Union recommendation|recommendations and opinions]] which are merely non-binding, declarations.<ref>{{cite web|title=Community legal instruments |publisher=European Parliament |url=http://europa.eu/scadplus/glossary/community_legal_instruments_en.htm |access-date=18 September 2007 |url-status=dead|archive-url=https://web.archive.org/web/20070708114002/http://europa.eu/scadplus/glossary/community_legal_instruments_en.htm |archive-date=8 July 2007 |df=dmy }}</ref>

===Budget===
The Parliament and the Council are also the Union's budgetary authority since the [[Budgetary treaties of the European Communities|Budgetary Treaties]] of the 1970s and the [[Lisbon Treaty]]. The [[Budget of the European Union|EU budget]] is subject to a form of the ordinary legislative procedure with a single reading giving Parliament power over the entire budget (before 2009, its influence was limited to certain areas) on an equal footing to the Council. If there is a disagreement between them, it is taken to a conciliation committee as it is for legislative proposals. If the joint conciliation text is not approved by the Council, the Parliament may adopt the budget definitively, but only by a three-fifths majority.<ref name="lisbon explain">{{cite web|title=Explaining the Treaty of Lisbon|publisher=[[Europa (web portal)|Europa website]]|url=http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/531|access-date=4 December 2009 }}</ref>

The Parliament is also responsible for discharging the implementation of previous budgets based on the annual report of the [[European Court of Auditors]]. It has refused to grant discharge only twice, in 1984 and in 1998. On the latter occasion it led to the resignation of the [[Santer Commission]]; highlighting how the discharge power gives Parliament a great deal of power over the Commission.<ref name="Hoskyns"/><ref name="Ringe"/><ref name="budget background">{{cite web |title=Budgetary control: 1996 discharge raises issue of confidence in the Commission |publisher=European Parliament |year=1999 |url=http://www.europarl.europa.eu/election/bilan/en/pf1901en.htm |access-date=15 October 2007 }}</ref> Parliament also makes extensive use of its budgetary, and other powers, elsewhere; for example in the setting up of the [[European External Action Service]], Parliament had a de facto veto over its design as it has to approve the budgetary and staff changes.<ref name="EEAS">{{cite web|first=Honor|last=Mahoney|title=Member states to signal broad backing for diplomatic service blueprint|publisher=[[EU Observer]]|url=http://euobserver.com/24/29916|date=23 April 2010|access-date=2 May 2010 }}</ref>

===Control of the executive===
The [[President of the European Commission]] is proposed by the European Council on the basis of the European elections to Parliament.<ref name="Constitution info">{{cite web|title=The Union's institutions: The European Parliament|publisher=European Parliament|url=http://europa.eu/scadplus/constitution/parliament_en.htm|access-date=28 June 2007|url-status=dead|archive-url=https://web.archive.org/web/20090201174755/http://europa.eu/scadplus/constitution/parliament_en.htm|archive-date=1 February 2009|df=dmy-all}}</ref> That proposal has to be approved by the Parliament (by a majority of members of the Parliament) who thereby "elect" the President according to the treaties. Following the approval of the Commission President, the members of the Commission are proposed by the President in accord with the member states. Each Commissioner comes before a relevant parliamentary committee hearing covering the proposed portfolio. They are then, as a body, approved or rejected by the Parliament.<ref name=autogenerated2>{{cite web|title=Background Information: Election of the European Commission|publisher=European Parliament|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+PRESS+BI-20041022-1+0+DOC+XML+V0//EN|access-date=1 July 2007 }}</ref><ref name="Commission Oversight">{{cite web|title=Oversight over the Commission and Council|publisher=European Parliament|url=http://www.europarl.europa.eu/parliament/public/staticDisplay.do?id=46&pageRank=9&language=EN|access-date=12 June 2007 }}</ref>

In practice, the Parliament has never voted against a President or his Commission, but the threat to do so has produced concessions to Parliament on the Commission's composition or on policy commitments. As described above, when the Barroso Commission was put forward, the Parliament forced the proposal to be withdrawn and changed to be more acceptable to Parliament.<ref name="IHT Butt">{{cite web|last=Bowley|first=Graham|title=Buttiglione affair highlights evolving role of Parliament : Questions arise on democracy at the EU|work=International Herald Tribune|date=18 October 2004|url=http://www.iht.com/articles/2004/10/18/brussels_ed3_.php|access-date=1 July 2007|archive-date=10 February 2009|archive-url=https://web.archive.org/web/20090210125124/http://www.iht.com/articles/2004/10/18/brussels_ed3_.php|url-status=dead}}</ref> That pressure was seen as an important sign by some of the evolving nature of the Parliament and its ability to make the Commission accountable, rather than being a rubber stamp for candidates. Furthermore, in voting on the Commission, MEPs also vote along party lines, rather than national lines, despite frequent pressure from national governments on their MEPs. This cohesion and willingness to use the Parliament's power ensured greater attention from national leaders, other institutions and the public{{snd}} reversing the previous decline in turnout for the Parliament's elections.<ref>{{cite web |last=Murray |first=Alasdair |title=Three cheers for EU democracy |publisher=[[Open Europe]] |year=2004 |url=http://www.cer.org.uk/articles/39_murray.html |access-date=7 July 2007 |archive-url=https://web.archive.org/web/20070610003606/http://www.cer.org.uk/articles/39_murray.html |archive-date=10 June 2007 |url-status=dead|df=dmy }}</ref>

The Parliament also has the power to censure the Commission by a two-thirds majority which will force the resignation of the entire Commission from office. As with approval, this power has never been explicitly used, but when faced with such a vote, the [[Santer Commission]] then [[Santer Commission#Resignation|resigned of their own accord]].

There are other control instruments, such as: the requirement of Commission to submit reports to the Parliament and answer written and oral questions from MEPs; the requirement of the President-in-office of the Council to present its programme at the start of their [[Presidency of the Council of the European Union|presidency]]; the obligation on the President of the [[European Council]] to report to Parliament after each of its meetings; the right of MEPs to make requests for legislation and policy to the Commission; and the right to question members of those institutions (e.g. "Commission [[Question Time]]" every Tuesday).<ref name="Commission Appointment"/><ref name="Commission Oversight"/> Regarding written and oral questions, MEPs voted in July 2008 to limit questions to those within the EU's mandate and ban offensive or personal questions.<ref name="EUO rise">{{cite web|last=Mahony|first=Honor|title=New rules to make it harder for MEPs to form political groups|url=http://euobserver.com/9/26468|date=9 July 2008|work=International Herald Tribune |access-date=10 July 2008}}</ref>

===Supervisory and scrutiny powers===
The Parliament also has other powers of general supervision, mainly granted by the [[Maastricht Treaty]].<ref>{{cite web|title=Maastricht Treaty 15 years on: birth of the "European Union"|publisher=European Parliament|date=7 February 2007|url=http://www.europarl.europa.eu/news/public/story_page/008-2784-036-02-06-901-20070206STO02783-2007-05-02-2007/default_en.htm|access-date=6 July 2007|url-status=dead|archive-url=https://web.archive.org/web/20070209191039/http://www.europarl.europa.eu/news/public/story_page/008-2784-036-02-06-901-20070206STO02783-2007-05-02-2007/default_en.htm|archive-date=9 February 2007|df=dmy-all}}</ref> The Parliament has the power to set up a Committee of Inquiry, for example over mad cow disease or CIA detention flights{{snd}} the former led to the creation of the [[European Medicines Agency|European veterinary agency]]. The Parliament can call other institutions to answer questions and if necessary to take them to [[Court of Justice of the European Communities|court]] if they break EU law or treaties.<ref name="supervisory">{{cite web|title=Supervisory power|publisher=European Parliament|url=http://www.europarl.europa.eu/parliament/public/staticDisplay.do?id=46&pageRank=8&language=EN|access-date=12 June 2007 }}</ref> Furthermore, it has powers over the appointment of the members of the Court of Auditors<ref>{{cite web|title=Rules of Procedure of the European Parliament. Rule 101: Appointment of the Members of the Court of Auditors|publisher=European Parliament|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+RULES-EP+20070101+RULE-101+DOC+XML+V0//EN&language=EN&navigationBar=YES|access-date=7 July 2007}}</ref> and the president and executive board of the [[European Central Bank]]. The [[List of Presidents of the European Central Bank|ECB president]] is also obliged to present an annual report to the parliament.<ref name="supervisory"/>

The [[European Ombudsman]] is elected by the Parliament to deal with public complaints about maladministration (administrative irregularities, unfairness, discrimination, abuse of power, failure to reply, refusal of information or unnecessary delay) by any EU institution or body.<ref name="supervisory"/>

Petitions can be brought to the Parliament by any EU citizen on a matter within the EU's sphere of activities. The Parliament's [[Committee on Petitions]] hears cases, some 1500 each year, sometimes presented by the citizen themselves at the Parliament. While the Parliament attempts to resolve the issue as a mediator they do resort to legal proceedings if it is necessary to resolve the citizens dispute.<ref name="petitions">{{cite news|last=Rickards|first=Mark|title=MEPs get taste of people power|publisher=BBC News|date=3 November 2007|url=http://news.bbc.co.uk/1/hi/world/europe/7075573.stm|access-date=3 November 2007 }}</ref>