III.1 The European Parliament
III.1.1 Increase in Competences and Function
The continuous expansion of the European Parliament´s (EP) competences from a mere consultative institution to a pivotal decision-making organ since its first direct election in 1979 has always been discussed and implemented with regard to the democratic deficit of the European Union. Also the latest revision of the treaties attributed further competences to the EP.
The European Parliament's prerogative in its electoral function has been asserted: it "shall elect the President of the Commission [...] by the majority of its members" (Art. I-27 (1) TCE), even though the Constitutional Treaty reserves the right of initiative for this procedure to the European Council [Graphic]. Factions represented in the EP will be eager to name a top-candidate for the elections to the EP, because the European Council will have to take those candidates into consideration when appointing a candidate for President of the Commission. The role played by the EP in context of the election of the President of the Commission corresponds thereby to the role accorded to national parliaments when it comes to the election of the head of executive within a parliamentary system.
As regards its role in giving the European Union a proper constitution, the European Parliament will also be granted legally specified opportunities for initiation and preparation of IGCs (Art. IV-444 TCE). Final decision making will, however, rest in the hands of the IGC and there, de facto, with the European Council. In the "simplified revision procedure" concerning the changing of procedural provisions of the Treaty (Art. IV-444 TCE), the EP has been granted an immediate right of consent.
The IGC has also specified the total number of seats (750) alongside the future distribution among member states, including the minimum (six) and maximum (96) number of seats (Art. I-20(2)TCE).
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