The Law To Know

The European Parliament: Elections, Political Groups, Legislative Powers, and Democratic Representation

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This analysis is part of our comprehensive reference guide on Administrative Law.

Table of Contents

European Parliament

The European Parliament: Elections, Political Groups, Legislative Powers, and Democratic Representation

Introduction

The European Parliament is the only institution of the European Union directly elected by its citizens. It occupies a central position in the Union’s constitutional structure, exercising legislative and budgetary powers jointly with the Council of the European Union and supervising the work of the EU institutions.

Its development reflects one of the most significant changes in European integration. Originally an assembly composed of representatives appointed by national parliaments, it gradually acquired direct electoral legitimacy and increasingly substantial legislative authority. Today, it participates in adopting most EU legislation, approves the European Commission as a body, elects the Commission President, scrutinises executive activity and represents citizens in the Union’s institutional decision-making process.

Nevertheless, the European Parliament is not equivalent to a national parliament. It does not possess a general power to initiate legislation, its electoral system combines common European principles with national rules, and its legislative authority is shared with the Council. Its constitutional role must therefore be understood within the Union’s system of representative democracy, institutional balance and divided responsibilities.

The principal legal foundations are Article 10 and Article 14 of the Treaty on European Union (TEU), Articles 223–234 and 294 of the Treaty on the Functioning of the European Union (TFEU), the European Electoral Act of 1976, and the Parliament’s Rules of Procedure.

1. Constitutional Foundations and Democratic Status

Article 10 TEU establishes that the functioning of the European Union is founded on representative democracy. Citizens are directly represented at Union level in the European Parliament, while Member States are represented in the European Council by their Heads of State or Government and in the Council by members of their national governments.

This creates a dual structure of democratic representation. Parliament represents the citizens of the Union directly; the Council represents the governments of Member States, which are accountable under their respective national constitutional systems.

Article 14(1) TEU identifies Parliament’s principal functions. It exercises legislative and budgetary functions jointly with the Council, performs political control and consultation functions as provided by the Treaties, and elects the President of the European Commission.

These responsibilities give Parliament three interconnected roles:

  • Legislative: participation in the adoption of EU legal acts, principally through the ordinary legislative procedure.
  • Budgetary: joint responsibility with the Council for adopting the annual EU budget and a consent role in the adoption of the Multiannual Financial Framework.
  • Supervisory and political: scrutiny of the Commission and other institutions, participation in appointments, parliamentary questions, petitions and inquiries.

Parliament’s authority is conferred by the Treaties. It cannot exercise powers simply because a matter is politically important or because a parliamentary majority supports action. Its activities must remain within the competences and procedures established by EU law.

2. Composition and Distribution of Seats

2.1 Number of Members

Article 14(2) TEU provides that Parliament is composed of representatives of the Union’s citizens. Its total membership cannot exceed 750 Members, plus the President.

For the 2024–2029 parliamentary term, Parliament has 720 Members of the European Parliament (MEPs). The allocation was established by European Council Decision (EU) 2023/2061, adopted on 22 September 2023.

The Treaties also establish limits for each Member State. Every state must receive at least six seats, while no state may receive more than 96.

2.2 Degressive Proportionality

The allocation of seats follows the principle of degressive proportionality. Larger Member States receive more seats in absolute numbers, but smaller states receive more seats relative to their populations.

Germany, for example, has 96 seats, while Malta, Luxembourg and Cyprus each have six. Bulgaria has 17 seats for the 2024–2029 term.

This arrangement reflects a constitutional compromise between two principles. Parliament represents citizens rather than Member States as sovereign entities, which supports population-related representation. At the same time, the Union seeks to prevent the smallest Member States from becoming politically insignificant within the institution.

Degressive proportionality consequently means that the electoral influence associated with an individual parliamentary seat is not identical across all Member States. It is a deliberate feature of the Union’s representative system.

2.3 Parliamentary Term and Independence

MEPs are elected for five years under Article 14(3) TEU. Their mandate does not depend on the continued existence of a national government or on appointment by a national parliament.

Parliament elects its President and other officers from among its Members. Its President and principal office-holders serve internal terms established by the applicable parliamentary rules, normally covering two and a half years.

The independence of the parliamentary mandate is fundamental. MEPs represent the citizens of the Union and are not legally bound by instructions from national governments or political groups.

3. European Parliamentary Elections

3.1 Direct Universal Suffrage

The first direct elections to the European Parliament took place in June 1979. Before then, Members were appointed by national parliaments from among their own representatives.

Direct elections changed Parliament’s constitutional character. Its authority no longer rested solely on indirect national parliamentary appointment; it acquired an independent democratic mandate from EU citizens.

Article 14(3) TEU requires Members to be elected for five years by direct universal suffrage in a free and secret ballot.

The elections take place simultaneously across the Union within a common electoral period, although the precise voting days and administrative arrangements may differ between Member States.

3.2 Common European Electoral Principles

The European Electoral Act of 1976, as amended, establishes common principles for elections to Parliament. A central requirement is proportional representation.

However, the European Union has not established a completely uniform electoral system. National laws continue to regulate many practical matters, including:

  • Whether voters choose closed or open party lists.
  • Whether voters may express preferences for individual candidates.
  • The organisation of electoral constituencies.
  • Candidate nomination and registration.
  • Electoral administration and the counting of votes.
  • Certain rules on electoral thresholds.

Consequently, European Parliament elections are European in their institutional consequences but remain substantially national in their organisation.

The applicable common rules seek to ensure that elections meet minimum democratic standards while allowing Member States to retain different electoral traditions.

3.3 Electoral Thresholds

Member States may provide for minimum thresholds for the allocation of seats, subject to the European Electoral Act.

Where a compulsory threshold is established for the allocation of seats in a constituency, it must not exceed five per cent of votes cast. The purpose is to balance proportional representation with the practical organisation of parliamentary representation.

The effect of a threshold depends on the national electoral system and the distribution of votes. It may prevent very small lists from obtaining seats, while also making representation more difficult for smaller political movements.

3.4 Voting Rights of EU Citizens Residing in Another Member State

EU citizenship includes important electoral rights.

Under Article 22(2) TFEU, every Union citizen residing in a Member State of which they are not a national has the right to vote and stand as a candidate in European Parliament elections in the Member State of residence, under the same conditions as nationals of that state.

A Bulgarian citizen living in France, for example, may participate in European Parliament elections in France, subject to the relevant registration and electoral requirements.

The system is designed to prevent a citizen from voting more than once in the same European election. Individuals must therefore comply with the rules governing registration and the choice of Member State in which they exercise their electoral rights.

This provision illustrates the political significance of EU citizenship: participation in European democracy is not restricted to voting in one’s state of nationality.

3.5 Electoral Outcomes and Parliamentary Composition

European elections determine the allocation of seats among national political parties. After the elections, MEPs organise themselves into transnational political groups according to political affiliation.

The results consequently influence the political balance of Parliament, the election of its internal leadership, committee organisation and the parliamentary environment in which the Commission is approved.

However, European elections are frequently influenced by national political debates. Voters may assess national governments, domestic economic conditions or national party leadership when choosing candidates.

This creates a distinction between the European consequences of the elections and the national political context in which citizens cast their votes.

4. Political Groups and Parliamentary Pluralism

4.1 Organisation Across National Borders

MEPs organise themselves primarily according to political affiliation rather than nationality.

Political groups bring together representatives from different Member States who share broadly similar political positions or objectives. A Member elected in Bulgaria may therefore belong to the same political group as Members elected in Germany, France, Spain or another country.

These groups are not identical to national political parties. They are transnational parliamentary organisations that coordinate legislative activity and political strategy at Union level.

4.2 Conditions for Forming a Political Group

Under the Parliament’s Rules of Procedure, a political group must consist of at least 23 MEPs elected in at least one-quarter of the Member States.

With 27 Member States, this requires representation from at least seven countries. A Member may belong to only one political group.

MEPs who do not join a recognised group are known as non-attached Members.

Political groups may change their membership during the parliamentary term. Members may join a different group, leave an existing group or become non-attached, subject to the applicable rules.

4.3 Functions of Political Groups

Political groups are essential to the organisation of parliamentary work. Their activities include:

  • Coordinating positions on legislative proposals.
  • Preparing and negotiating amendments.
  • Participating in committee work and plenary debates.
  • Proposing candidates for parliamentary offices.
  • Negotiating legislative compromises with other groups.
  • Organising political priorities and voting strategies.
  • Participating in the distribution of committee responsibilities.

Groups also receive institutional resources to support their parliamentary activities, subject to financial and administrative rules.

Their influence is particularly visible in committee appointments, the selection of rapporteurs and the allocation of speaking time.

4.4 Independence of Individual MEPs

Political groups coordinate political positions, but they do not legally eliminate the independence of individual Members.

MEPs are not national delegates bound by instructions from their governments, nor are they legally required to vote according to a political group’s position.

Group discipline may have considerable political importance, but the parliamentary mandate remains individual and independent.

This distinction supports pluralism within Parliament. Members may disagree with their group, support amendments proposed by other groups or vote differently on particular legislative questions.

5. Internal Organisation and Parliamentary Work

5.1 The President and Parliamentary Leadership

The President represents Parliament in relations with other EU institutions and in external affairs. The President also directs plenary proceedings, applies the Rules of Procedure and ensures that parliamentary business is conducted properly.

Parliament elects its President from among its Members. Vice-Presidents assist the President and may exercise delegated responsibilities. Quaestors deal with administrative and financial matters directly affecting Members.

These offices form part of Parliament’s internal governance structure and help ensure the continuity of its work.

5.2 Parliamentary Committees

Much of Parliament’s substantive legislative work takes place in committees.

Committees examine Commission proposals, prepare reports, consider amendments, organise hearings and scrutinise the activities of other institutions.

Their responsibilities are organised around policy areas, including:

  • Constitutional affairs.
  • Civil liberties, justice and home affairs.
  • Economic and monetary affairs.
  • Environment and public health.
  • International trade.
  • Foreign affairs.
  • Employment and social affairs.
  • Legal affairs.
  • Transport and tourism.
  • Budgets and budgetary control.

Committee structures may change during a parliamentary term, reflecting the institution’s priorities and organisational decisions.

The committee system allows Members to examine complex proposals in greater detail than would be possible in plenary sessions alone.

5.3 Rapporteurs and Shadow Rapporteurs

For many legislative files, a committee appoints a rapporteur responsible for preparing Parliament’s report and proposed position.

The rapporteur examines the proposal, consults relevant stakeholders, considers amendments and negotiates with other Members.

Other political groups may appoint shadow rapporteurs to follow the file and represent their respective positions during negotiations.

This arrangement gives individual MEPs a substantial role in shaping legislation. The parliamentary position often emerges through extensive committee discussion and negotiation before it reaches the plenary.

5.4 Plenary Sessions

Plenary sessions bring all Members together to debate and vote on legislative proposals, reports, resolutions and other parliamentary matters.

The principal plenary sessions take place in Strasbourg, while committee meetings and additional parliamentary work are conducted mainly in Brussels. The Parliament’s Secretariat is based in Luxembourg.

Plenary voting provides the formal expression of Parliament’s position. Committee discussions and political negotiations prepare the ground, but the relevant parliamentary decision must be taken through the applicable formal procedure.

5.5 Rules of Procedure

Article 232 TFEU authorises Parliament to adopt its own Rules of Procedure.

These rules govern debates, voting, committee organisation, political groups, parliamentary questions, legislative reports and other internal matters.

They are constitutionally important because they determine how Parliament exercises its Treaty-based powers. Their application must remain consistent with EU primary law and other binding legal requirements.

6. Legislative Powers

6.1 The Ordinary Legislative Procedure

The ordinary legislative procedure, governed by Article 294 TFEU, is the principal method of adopting EU legislation.

It gives Parliament and the Council equal legislative authority. The Commission normally submits the initial proposal, but the act cannot ordinarily be adopted unless Parliament and the Council agree on an identical text.

The procedure is used across a wide range of policy areas, including the internal market, environmental protection, consumer protection, transport, aspects of immigration and judicial cooperation, and many other fields.

It represents the development of Parliament from a consultative assembly into a genuine co-legislator.

6.2 First Reading

The procedure normally begins when the Commission submits a legislative proposal to Parliament and the Council.

Parliament examines the proposal, usually through the responsible committee, which prepares a report and may propose amendments. The plenary then adopts Parliament’s position at first reading.

The position is transmitted to the Council. If the Council approves it, the legislative act is adopted in that form.

If the Council does not approve Parliament’s position, it adopts its own position at first reading and communicates it to Parliament, explaining the reasons for its decision.

6.3 Second Reading

At second reading, Parliament examines the Council’s position.

Within the period prescribed by Article 294 TFEU, Parliament may:

  1. Approve the Council’s position or take no decision within the applicable period. The act is then adopted in accordance with the Council’s position.
  2. Reject the Council’s position by a majority of its component Members. The proposed act is not adopted.
  3. Adopt amendments to the Council’s position by a majority of its component Members.

If Parliament adopts amendments, the text is returned to the Council and the Commission for further consideration.

The Council may approve all the amendments, in which case the act is adopted. If it does not, the procedure may proceed to conciliation.

6.4 Conciliation and Third Reading

Where the Council does not approve all Parliament’s second-reading amendments, a Conciliation Committee is convened.

It consists of representatives of the Council and an equal number of representatives of Parliament. Its purpose is to reach agreement on a joint text.

The Commission participates and seeks to facilitate agreement between the two legislative institutions.

If a joint text is approved, Parliament and the Council must each adopt it at third reading within the prescribed period.

If either institution fails to approve the joint text, the proposed act is not adopted. The same applies if the Conciliation Committee cannot reach agreement.

The procedure demonstrates that Parliament and the Council possess reciprocal legislative authority: neither can normally impose legislation unilaterally under the ordinary legislative procedure.

6.5 Trilogues and Informal Negotiations

In practice, many legislative proposals are negotiated through informal meetings involving representatives of Parliament, the Council and the Commission. These meetings are known as trilogues.

Trilogues seek to identify compromises and resolve disagreements before the formal stages of the legislative procedure are completed.

They can make the legislative process more efficient, particularly where a proposal involves numerous technical amendments or substantial political disagreement.

However, informal negotiations also raise questions about transparency and democratic scrutiny. Important compromises may be reached before the final plenary vote, making access to information and the ability of MEPs to examine the negotiated text particularly important.

Trilogues do not replace the formal Treaty procedure. Any compromise must ultimately be adopted through the legally prescribed process.

6.6 Special Legislative Procedures

Not all EU legislation is adopted under the ordinary legislative procedure.

Article 289(2) TFEU recognises special legislative procedures in which an act is adopted by Parliament with the participation of the Council, or by the Council with the participation of Parliament.

Two important forms are consultation and consent.

Under the consultation procedure, Parliament gives an opinion before the Council adopts the measure. Where consultation is required by the Treaties, it is an essential procedural requirement. Failure to consult Parliament may invalidate the resulting act.

Under the consent procedure, Parliament may approve or reject the proposed measure but cannot ordinarily amend its text through that procedure.

Consent is required in specified areas, including certain international agreements and decisions concerning EU enlargement.

The applicable Treaty legal basis determines which procedure must be followed and how much influence Parliament has over the final text.

7. Legislative Initiative and Agenda-Setting

7.1 The Commission’s General Right of Initiative

Parliament does not possess a general independent right to introduce legislative proposals.

Under Article 17(2) TEU, Union legislative acts may generally be adopted only on the basis of a Commission proposal, except where the Treaties provide otherwise.

The Commission therefore has the principal responsibility for initiating EU legislation.

This does not mean that Parliament is unable to influence the legislative agenda. It can identify regulatory gaps, adopt resolutions, question Commissioners and use committee reports and political negotiations to encourage legislative action.

7.2 Parliament’s Right to Request Legislation

Article 225 TFEU provides an important mechanism for parliamentary agenda-setting.

Acting by a majority of its component Members, Parliament may request the Commission to submit an appropriate proposal on a matter where it considers that a Union act is necessary to implement the Treaties.

If the Commission does not submit a proposal, it must inform Parliament of its reasons.

The Commission is not automatically required to introduce the requested legislation. It retains responsibility for assessing whether a proposal is appropriate and consistent with the Treaties.

There are also specific Treaty provisions giving Parliament a more direct initiative role in limited institutional matters, including certain rules concerning its own composition and the exercise of the parliamentary mandate.

7.3 Political Influence

Parliament’s influence over the legislative agenda extends beyond formal requests under Article 225.

It may adopt resolutions, scrutinise the Commission’s annual work programme, hold hearings, question Commissioners and negotiate political priorities with other institutions.

The distinction is therefore between the formal right to initiate legislation and the broader political ability to shape which issues receive legislative attention.

8. Budgetary Powers

8.1 The Annual EU Budget

Parliament shares budgetary authority with the Council under Article 314 TFEU.

The Commission prepares and submits the draft annual budget. Parliament and the Council then examine it and may propose changes through the Treaty procedure.

If disagreements arise, a Conciliation Committee may be convened to seek agreement on a joint text.

The annual budget authorises the Union’s expenditure and establishes the financial framework for implementing EU policies and programmes.

8.2 The Multiannual Financial Framework

The Multiannual Financial Framework (MFF) establishes expenditure ceilings for the Union over a period of at least five years.

Under Article 312 TFEU, the Council adopts the MFF regulation unanimously after obtaining Parliament’s consent.

Parliament cannot adopt the framework unilaterally, but its consent is essential. The MFF determines the financial limits within which successive annual budgets must operate.

8.3 Budgetary Discharge

Parliament also exercises retrospective control over the implementation of the EU budget.

Under Article 319 TFEU, Parliament decides whether to grant discharge to the Commission in respect of budget implementation, acting on a recommendation from the Council.

The procedure examines whether EU funds have been managed properly and whether expenditure complies with the applicable legal and financial rules.

The European Court of Auditors provides important information through its annual reports and audit findings.

Parliament may grant discharge, postpone its decision or refuse it. The procedure is a major instrument of political accountability, although it does not replace judicial proceedings or other mechanisms for investigating financial irregularities.

9. Political Supervision and Accountability

9.1 Election of the Commission President

Parliament participates directly in the appointment of the European Commission.

Under Article 17(7) TEU, the European Council, taking into account the European elections and after appropriate consultations, proposes a candidate for President of the Commission.

Parliament elects that candidate by a majority of its component Members.

If the candidate fails to obtain the required majority, the European Council must propose another candidate within the period established by the Treaty.

The arrangement connects the political composition of the Commission to the electoral outcome while preserving the European Council’s role in proposing a candidate.

9.2 Approval of the Commission

Following the nomination of the Commission President, the Council, in agreement with the President-elect, adopts the list of persons proposed for appointment as Commissioners.

Parliamentary committees hold hearings with the Commissioner-designates. These hearings examine their qualifications, policy priorities and suitability for the proposed portfolios.

Parliament then votes on whether to consent to the Commission as a body. The European Council formally appoints the Commission in accordance with the Treaty procedure.

Parliament’s approval is therefore an essential element of the Commission’s appointment and political legitimacy.

9.3 Parliamentary Questions and Hearings

MEPs may address questions to the Commission and the Council under the Treaties and Parliament’s Rules of Procedure.

Questions may concern legislative proposals, the implementation of EU law, administrative practices, institutional decisions and political developments.

Written and oral questions provide opportunities to obtain explanations, challenge institutional decisions and bring public attention to matters of concern.

Parliamentary hearings also allow Members to examine the work of Commissioners and other institutional representatives.

9.4 Motion of Censure

One of Parliament’s strongest supervisory powers is the ability to require the Commission to resign collectively.

Article 234 TFEU provides for a motion of censure against the Commission.

A motion must be tabled by at least one-tenth of Parliament’s component Members. It cannot be put to a vote until at least three days after it has been tabled.

For adoption, it must receive two-thirds of the votes cast, representing a majority of Parliament’s component Members.

If the motion succeeds, the Members of the Commission must resign as a body. The High Representative of the Union for Foreign Affairs and Security Policy must also resign from duties carried out within the Commission.

This is a mechanism of collective political responsibility. Parliament cannot ordinarily dismiss an individual Commissioner through a simple vote.

The demanding voting threshold reflects the seriousness of compelling the entire Commission to resign.

10. Petitions, Inquiries and the European Ombudsman

10.1 The Right to Petition

Article 227 TFEU gives EU citizens and qualifying natural or legal persons residing or having a registered office in a Member State the right to submit petitions to Parliament.

A petition must concern a matter within the Union’s fields of activity and directly affect the petitioner.

Petitions may raise concerns about alleged breaches of EU law, environmental matters, consumer protection, discrimination, the internal market or other issues falling within EU competence.

Parliament may examine a petition, request information from the Commission or refer the matter to the relevant committee. However, the petition procedure is not a judicial remedy and does not replace proceedings before national courts or the Court of Justice.

10.2 Committees of Inquiry

Under Article 226 TFEU, Parliament may establish temporary committees of inquiry to investigate alleged contraventions or maladministration in the implementation of Union law.

A committee may be established at the request of one-quarter of Parliament’s component Members.

Its purpose is to investigate matters of public concern and identify administrative or institutional failures.

There are Treaty limitations. A committee cannot investigate alleged facts while those facts are being examined by a court in ongoing legal proceedings.

The committee ceases to exist when it submits its report.

10.3 The European Ombudsman

Parliament elects the European Ombudsman under Article 228 TFEU.

The Ombudsman investigates instances of maladministration in the activities of EU institutions, bodies, offices and agencies, subject to the Treaty rules and applicable exceptions.

The Ombudsman acts independently and does not function as an agent of Parliament.

This mechanism gives individuals an additional means of challenging improper administrative conduct by EU institutions. It complements political scrutiny and judicial review but does not replace either.

11. International Agreements and External Relations

Parliament participates in the Union’s external relations, although it does not generally negotiate international agreements on behalf of the EU.

Article 218 TFEU establishes the procedure for negotiating and concluding international agreements. Parliament must be immediately and fully informed at all stages of that procedure.

In specified cases, the Council may conclude an international agreement only after obtaining Parliament’s consent. These include certain association agreements, agreements establishing a specific institutional framework, agreements with important budgetary implications and agreements covering fields in which the ordinary legislative procedure applies.

In other cases, Parliament is consulted rather than asked to give consent.

The distinction matters. Where consent is required, Parliament can prevent the agreement from being concluded by withholding approval. Where consultation is required, Parliament provides an opinion, but the legal consequences are different.

Parliament’s involvement provides democratic scrutiny of the Union’s external commitments and ensures that international agreements are subject to the procedures established by the Treaties.

12. Constitutional and Judicial Powers

12.1 Participation in Treaty Revision

Under Article 48 TEU, Parliament may submit proposals to amend the Treaties to the Council. Such proposals are transmitted to the European Council and the governments of the Member States in accordance with the applicable procedure.

Parliament also participates in the institutional process surrounding Treaty revision, including the ordinary revision procedure and the possible convening of a Convention.

However, Treaty amendments ultimately require agreement and ratification by the Member States in accordance with their respective constitutional requirements. Parliament cannot amend the Treaties through an ordinary legislative act.

12.2 Proceedings before the Court of Justice

Parliament may bring proceedings before the Court of Justice of the European Union to protect its institutional rights and challenge unlawful EU acts.

Under Article 263 TFEU, it may bring an action for annulment against acts intended to produce legal effects. Under Article 265 TFEU, it may bring proceedings where an institution, body, office or agency has unlawfully failed to act, provided the procedural requirements are satisfied.

These powers are important because Parliament is not merely a political forum. It is an autonomous constitutional institution capable of defending its Treaty-based prerogatives through judicial proceedings.

12.3 Institutional Balance

Parliament must exercise its powers consistently with the principle of institutional balance.

The Treaties distribute responsibilities among Parliament, the Council, the Commission, the European Council and the Court of Justice. Each institution must act within the powers conferred upon it.

Parliament cannot assume the Commission’s general legislative initiative, nor can it exercise powers reserved to the Council or European Council.

Equally, the other institutions cannot disregard Parliament’s Treaty-based rights to participate in legislative, budgetary and appointment procedures.

The Court of Justice ensures that these institutional boundaries are respected.

13. Democratic Representation and the Debate on the Democratic Deficit

The European Parliament is central to the democratic legitimacy of the Union because it provides citizens with a direct representative institution at European level.

Its development has addressed some of the concerns traditionally associated with the EU’s democratic deficit. Parliament now shares legislative authority with the Council in most policy areas, participates in budgetary decisions, elects the Commission President and exercises extensive political scrutiny.

Nevertheless, debate continues about the relationship between citizens and EU decision-making.

Several structural characteristics contribute to this discussion.

First, the Commission generally controls the formal initiation of legislation. Parliament can request proposals but does not possess a general independent legislative initiative.

Second, the Council and European Council exercise substantial influence. Their members represent national governments, and their decisions may be difficult for citizens to follow through the European electoral process alone.

Third, European elections are organised through national electoral systems and remain strongly influenced by domestic political debates. Citizens may therefore have difficulty identifying a single European political contest or a clear connection between their vote and the Union’s legislative priorities.

Fourth, informal legislative negotiations can make it difficult for the public to understand how compromises are reached and which institutions or political groups are responsible for particular outcomes.

These features do not mean that the Union lacks democratic legitimacy. Rather, they show that democratic accountability operates through a complex structure combining direct European representation with national democratic institutions.

The political groups are important in this context. By organising Members across national borders, they provide a framework for European-level political debate and negotiation.

The Parliament’s democratic effectiveness ultimately depends not only on its formal legal powers but also on public participation, transparency, political competition and citizens’ understanding of the Union’s decision-making processes.

14. Relationship with Other EU Institutions

The Parliament’s constitutional role becomes clearer when its responsibilities are compared with those of the other institutions.

European Commission: The Commission generally proposes legislation, implements the EU budget and supervises the application of EU law. Parliament participates in legislation, approves the Commission as a body and exercises political scrutiny.

Council of the European Union: The Council represents Member State governments and shares legislative and budgetary authority with Parliament. Under the ordinary legislative procedure, both institutions must agree on the same text.

European Council: The European Council defines the Union’s general political direction and priorities. It does not ordinarily exercise legislative functions. Parliament’s President may be invited to be heard by the European Council, and the European Council President reports to Parliament after its meetings.

Court of Justice of the European Union: The Court ensures that the Treaties are interpreted and applied in accordance with the law. Parliament may bring proceedings before it to defend its institutional powers and challenge unlawful acts.

European Central Bank: Parliament participates in scrutiny of monetary policy through hearings, reports and exchanges with the ECB President and other representatives. It does not direct the ECB’s monetary policy decisions.

This distribution of responsibilities distinguishes Parliament from a conventional national legislature. It is a powerful co-legislator and supervisory institution, but it operates within a system of shared authority and legally defined institutional limits.

15. Important Case Law

The Court of Justice has played a significant role in protecting Parliament’s institutional position and clarifying its procedural rights.

15.1 Parliament v Council, Case C-70/88

In European Parliament v Council, Case C-70/88, commonly known as the Chernobyl case, Parliament challenged a Council measure despite uncertainty about its standing to bring an action for annulment.

The Court recognised that Parliament must be able to bring proceedings where necessary to protect its institutional prerogatives. The judgment was an important step in establishing Parliament as an autonomous constitutional actor.

15.2 Parliament v Council, Case C-65/93

In European Parliament v Council, Case C-65/93, the Court examined Parliament’s procedural rights in the adoption of EU measures.

The case illustrates the importance of respecting Parliament’s Treaty-based participation in legislative procedures. Where consultation is required, it is an essential procedural requirement rather than a formality that the other institutions may disregard.

15.3 Parliament v Council, Case C-658/11

In European Parliament v Council, Case C-658/11, concerning an agreement between the EU and Mauritius on the transfer of suspected pirates, the Court examined Parliament’s right to be informed in the procedure for concluding international agreements.

The Court confirmed the importance of Article 218(10) TFEU, which requires Parliament to be immediately and fully informed at all stages of the procedure.

The judgment reinforces the connection between parliamentary information rights and democratic scrutiny of the Union’s external action.

15.4 Parliament v Council, Case C-263/14

In European Parliament v Council, Case C-263/14, concerning an agreement between the EU and Tanzania on the transfer of suspected pirates, the Court considered the legal basis and parliamentary involvement required for the conclusion of an international agreement.

The case demonstrates that the institutions must select the correct Treaty legal basis and respect Parliament’s role where the Treaties require its participation.

Taken together, these judgments show that Parliament’s constitutional position is protected through judicial enforcement as well as political practice.

16. Contemporary Challenges and Future Development

The European Parliament continues to adapt to changes in the Union’s political and legal environment.

The growing complexity of EU legislation requires substantial committee expertise and effective scrutiny. Policy areas such as digital regulation, artificial intelligence, climate policy, energy, migration and financial regulation involve technical questions with significant consequences for citizens and businesses.

Transparency is another continuing challenge. Informal negotiations may facilitate agreement, but their operation must remain compatible with openness, accountability and meaningful parliamentary scrutiny.

The relationship between European elections and the selection of the Commission President also remains important. The Treaties require the European Council to take account of the election results when proposing a candidate, while Parliament retains the power to elect or reject that candidate.

Finally, enlargement and possible institutional reform may require reconsideration of seat allocation, internal organisation and the practical functioning of Parliament.

The institution’s future development will therefore involve both legal questions about its formal powers and political questions about the quality of democratic representation.

17. Key Takeaways

  • The European Parliament is the only EU institution directly elected by citizens.
  • It has 720 Members for the 2024–2029 parliamentary term.
  • MEPs are elected every five years by direct universal suffrage in free and secret elections.
  • Seats are allocated according to degressive proportionality, balancing population size with the representation of smaller Member States.
  • EU citizens residing in another Member State may vote and stand as candidates there under Article 22(2) TFEU, subject to applicable requirements.
  • MEPs organise themselves into transnational political groups based on political affiliation rather than nationality.
  • Political groups coordinate parliamentary work, but Members retain their individual and independent mandates.
  • Parliament shares legislative authority with the Council under the ordinary legislative procedure in Article 294 TFEU.
  • Special legislative procedures may provide for consultation or consent, depending on the Treaty legal basis.
  • Parliament does not have a general independent right of legislative initiative, but Article 225 TFEU allows it to request legislative proposals from the Commission.
  • It shares budgetary authority with the Council and gives consent to the Multiannual Financial Framework.
  • Parliament elects the Commission President and approves the Commission as a body.
  • Under Article 234 TFEU, Parliament may adopt a motion of censure requiring the Commission to resign collectively.
  • It receives petitions, may establish committees of inquiry and elects the European Ombudsman.
  • Parliament participates in international agreements and must be informed throughout the relevant procedures.
  • It may bring proceedings before the Court of Justice to protect its Treaty-based powers.
  • Its authority is limited by conferral, subsidiarity, proportionality, fundamental rights and institutional balance.

18. Frequently Asked Questions

1. What is the European Parliament?

The European Parliament is the directly elected institution representing EU citizens. It exercises legislative and budgetary functions jointly with the Council and performs political supervision of the Union’s institutions.

2. How many Members does the European Parliament have?

It has 720 Members for the 2024–2029 parliamentary term.

3. How often are European Parliament elections held?

They take place every five years. Members are elected by direct universal suffrage in free and secret elections.

4. Are elections conducted under one uniform European electoral law?

No. EU law establishes common principles, including proportional representation, but national electoral laws continue to regulate many practical aspects of the elections.

5. What is degressive proportionality?

It is the principle under which more populous Member States receive more seats in absolute terms, while smaller Member States receive more seats relative to their populations.

6. Can an EU citizen vote in another Member State?

Yes. Article 22(2) TFEU gives EU citizens residing in another Member State the right to vote and stand as candidates in European Parliament elections there, under the same conditions as nationals of that state, subject to applicable requirements.

7. What are political groups?

They are transnational parliamentary organisations bringing together MEPs with similar political affiliations. They coordinate legislative work, prepare amendments and negotiate political compromises.

8. How many Members are required to form a political group?

At least 23 MEPs elected in at least one-quarter of the Member States. In a Union of 27 states, this means Members from at least seven countries.

9. Must MEPs follow their political group’s voting position?

No. Groups coordinate political positions, but MEPs retain independent mandates and are not legally bound to vote according to group instructions.

10. Does Parliament have the right to initiate legislation?

It does not have a general independent right of legislative initiative. Under Article 225 TFEU, however, it may request the Commission to submit a legislative proposal. The Commission must explain its reasons if it declines.

11. What is the ordinary legislative procedure?

It is the principal procedure for adopting EU legislation. Governed by Article 294 TFEU, it gives Parliament and the Council equal legislative authority and requires agreement on an identical text.

12. Can Parliament reject proposed EU legislation?

Yes. Under the ordinary legislative procedure, Parliament may reject the Council’s position at second reading by the required majority. If conciliation fails, the proposal is not adopted.

13. Can Parliament dismiss the European Commission?

It cannot ordinarily dismiss individual Commissioners. However, Article 234 TFEU allows Parliament to adopt a motion of censure requiring the Commission to resign collectively.

14. Does Parliament control the EU budget?

It shares authority over the annual budget with the Council, gives consent to the Multiannual Financial Framework and decides whether to grant discharge for the Commission’s implementation of the budget.

15. Can citizens submit petitions to Parliament?

Yes. Article 227 TFEU allows EU citizens and qualifying residents or legal persons to petition Parliament on matters within the Union’s fields of activity that directly affect them.

16. Does Parliament negotiate international treaties?

It does not generally conduct negotiations. However, it must be informed throughout the procedure and its consent is required for certain categories of international agreements.

17. Is the European Parliament the same as the Council of the European Union?

No. Parliament represents EU citizens and is directly elected. The Council represents the governments of Member States. Both share legislative and budgetary authority in many areas.

18. Where does Parliament meet?

Its principal plenary sessions take place in Strasbourg. Committee meetings and additional parliamentary work take place mainly in Brussels, while its Secretariat is based in Luxembourg.

Conclusion

The European Parliament is a central institution of the European Union’s constitutional and democratic system. Its transformation from an indirectly appointed assembly into a directly elected co-legislator reflects the gradual development of democratic representation at Union level.

Its powers are substantial. It participates in adopting legislation, shares responsibility for the EU budget, elects the Commission President, approves the College of Commissioners, scrutinises executive action and may defend its institutional rights before the Court of Justice.

Nevertheless, Parliament is not a sovereign national legislature. Its powers are exercised within a constitutional framework in which the Commission generally initiates legislation, the Council represents Member State governments, the European Council provides political direction and the Court of Justice ensures compliance with the Treaties.

The Parliament’s significance lies in its ability to represent citizens directly within this system of shared authority. It gives European voters a formal role in shaping legislation and supervising the institutions, while requiring decision-making to remain within the legal limits established by the Treaties.

Treaties and legislation

  1. Treaty on European Union, Article 10 — Democratic principles
  2. Treaty on European Union, Article 14 — European Parliament
  3. Treaty on the Functioning of the European Union, Article 22 — Electoral rights of EU citizens
  4. Treaty on the Functioning of the European Union, Articles 223–234 — European Parliament
  5. Treaty on the Functioning of the European Union, Article 218 — International agreements
  6. Treaty on the Functioning of the European Union, Article 294 — Ordinary legislative procedure
  7. Treaty on the Functioning of the European Union, Articles 310–319 — EU budget
  8. Act concerning the election of the representatives of the European Parliament by direct universal suffrage
  9. European Council Decision (EU) 2023/2061 establishing the composition of the European Parliament for 2024–2029

Institutional materials

  1. European Parliament — Powers and responsibilities
  2. European Parliament — Organisation and operation
  3. European Parliament — Political groups
  4. European Union — European Parliament: roles and powers
  5. European Council — Composition of the European Parliament for 2024–2029

Selected case law

  1. European Parliament v Council, Case C-70/88
  2. European Parliament v Council, Case C-65/93
  3. European Parliament v Council, Case C-658/11
  4. European Parliament v Council, Case C-263/14

⚖️Legal Disclaimer & Notice

The information provided in this article ("The European Parliament: Elections, Political Groups, Legislative Powers, and Democratic Representation") is for general educational and informational purposes only and does not constitute formal legal advice. Reading this content does not create an attorney-client relationship. Laws vary by jurisdiction; consult a licensed attorney for specific legal matters.

Tsvety, LL.M., M.A.

Tsvety, LL.M., M.A.

Founder & Editor-in-Chief | Author & Legal Educational Architect

Tsvety holds a Master of Laws (LL.M.) from Southwest University. With the highest marks of her year, she was permitted by the university’s leadership to complete the intensive six-year legal curriculum in just four years. She also holds a Master’s Degree in Philosophy (cultural studies, philosophy major) from Sofia University.

With over twenty years of dedicated experience as an educator, author, and instructional designer, she founded The Law To Know to bridge the gap between complex legal theory, human cognition, and modern technology. Her work synthesizes rigorous statutory analysis with modern pedagogical frameworks to make legal knowledge accessible, structured, and practical.

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