European Union Law

Sample Answer

Democratic Character of the EU and the Expansion of the European Parliament’s Powers

Introduction

The European Union (EU) has long been criticised for its so-called “democratic deficit,” a term describing the perceived gap between its decision-making institutions and the citizens they serve. In response to this, successive Treaty reforms have expanded the role of the European Parliament (EP). This essay critically examines the statement that the Member States’ concern with democracy has gradually resulted in the strengthening of the EP. It will consider the historical background, the nature of Treaty reforms, the current institutional balance, and ongoing challenges to democratic legitimacy within the EU.

Historical Background and Democratic Concerns

When the European Communities were first established, decision-making power largely rested with intergovernmental bodies such as the Council, with only a limited consultative role for the EP (then the European Assembly). This institutional design reflected Member States’ reluctance to cede sovereignty, but it also fuelled criticisms about democratic legitimacy. Citizens could directly elect national parliaments, yet the body representing them at EU level had no legislative power. The direct elections to the EP in 1979 were a first attempt to address this concern, but the Parliament remained weak compared to the Council and the Commission.

Treaty Reforms and the Expansion of Parliamentary Powers

A series of Treaty reforms gradually strengthened the EP:

• Single European Act (1986): Introduced the cooperation procedure, giving the EP more influence in certain legislative areas.

• Maastricht Treaty (1992): Created the co-decision procedure, granting the EP a legislative role equal to the Council in specific policy fields.

• Amsterdam Treaty (1997): Extended co-decision to more areas, making the EP an equal legislator in the majority of EU law.

• Nice Treaty (2001): Adjusted the institutional balance but did not greatly expand EP powers.

• Lisbon Treaty (2009): Marked the most significant reform, renaming co-decision as the ordinary legislative procedure and making it the default law-making process. The EP also gained full budgetary powers and a stronger role in the appointment of the Commission President.

These reforms demonstrate how the democratic legitimacy of the EU became an increasing concern for Member States, leading to a more central legislative role for the EP.