The Member States’ shared concern with the democratic character of the European Union manifested itself in successive rounds of Treaty reform

Module Title:  European Union Law

ASSESSMENT BRIEF

Instructions to Students:

PLEASE NOTE:  Assessments MUST be properly referenced and MUST include a bibliography.  Adequacy of referencing will form part of the marking criteria.

Answer the following question

‘The Member States’ shared concern with the democratic character of the European Union manifested itself in successive rounds of Treaty reform which over time increased the formal powers of the European Parliament quite dramatically.’

Critically discuss.

Sample Answer

The Growing Powers of the European Parliament: A Reflection of Member States’ Democratic Concerns

Introduction

Over time, the European Union (EU) has been criticised for having a “democratic deficit”, meaning that its decision-making appeared distant from the citizens it serves. In response, EU Member States have repeatedly revised the EU Treaties to make its institutions more democratic. One of the most important changes has been the increase in the powers of the European Parliament (EP), the only directly elected body in the EU. This essay will critically discuss how and why the powers of the European Parliament have grown over time, focusing on key Treaty changes and what they say about Member States` shared concern for democracy within the EU.

The Democratic Deficit and Its Impact

In the early years of the European project, decisions were largely made by unelected officials or national ministers in the Council. The European Parliament, originally called the “Assembly,” had little more than a consultative role. Critics argued that this system was not democratic enough, especially as EU laws had direct effects on citizens. To deal with this concern, the Member States have gradually given more power to the Parliament.

Key Treaty Reforms That Strengthened the European Parliament

1. Single European Act (1986)

This was the first major step in giving the EP more influence. It introduced the cooperation procedure, allowing the Parliament to suggest changes to legislation. Though the Council still had the final say, the Parliament’s role was no longer purely advisory.

2. Maastricht Treaty (1992)

Maastricht created the European Union as we know it and introduced the co-decision procedure. This gave the Parliament an equal say in many areas of legislation. It was a major shift towards shared legislative power with the Council.

3. Amsterdam Treaty (1997)

This Treaty improved the co-decision procedure and made it simpler and more efficient. It also extended co-decision to more policy areas, such as consumer protection and education, which increased the Parliament’s influence further.

4. Nice Treaty (2001)

Although the Nice Treaty was more focused on institutional reform for enlargement, it did enhance the EP’s role in approving the European Commission as a whole, not just the President. This gave the Parliament more influence over the EU`s executive arm.

5. Lisbon Treaty (2009)

The Lisbon Treaty was a turning point. It renamed the co-decision procedure to the “ordinary legislative procedure” and made it the default method of EU law-making. The EP now has equal power with the Council in most areas. It also gave the Parliament new powers in approving international agreements and electing the Commission President.

Motivations Behind These Reforms

The Member States did not give more power to the Parliament out of generosity. These changes were often political responses to criticisms about the EU being undemocratic. As the EU became more powerful and touched more areas of national life, there was pressure to make sure that EU citizens had a stronger voice. Strengthening the EP, which is directly elected every five years, was a clear way to increase democratic accountability.

Some Member States, like Germany and the Netherlands, have traditionally supported stronger democratic mechanisms. Others were more cautious, worried about losing control. But overall, there has been a shared understanding that for the EU to be accepted by its people, it must be seen as democratic.

Continued...