The European Parliament comes of age

Introduction

On 10 June 1999 the voters of Denmark, the Netherlands and the UK will go to the polls to elect their Members of the European Parliament. They will be followed on 11 June by the voters of Ireland, and on 13 June by those of Austria, Belgium, Finland, France, Germany, Greece, Italy, Luxembourg, Portugal, Spain and Sweden.

By exercising the highest manifestation of any system of democratic representation, the citizens of Europe will thus have indicated their will, voting on the programmes presented by the European political parties and determining the profile of the fifth European Parliament to be elected by direct universal suffrage, for the period July 1999 - June 2004.

As in 1994, Union citizens residing in a Member State other than their own will have the right to vote in the Member State in which they live and to stand for election to the European Parliament in accordance with the rules operating in that Member State.

Profile of the European Parliament

The European Parliament elected in June 1994 consisted of 567 MEPs, representing a total population of 349 m Europeans living in twelve Member States. In January 1995, the enlargement of the Union to include Austria, Finland and Sweden brought the number of MEPs to 626, representing approximately 372 m Europeans.

The Parliament elected in 1994 had a high proportion of women Members: just over a quarter of the total (25.57%), or 145 out of 567. After the 1995 enlargement, the number of women Members rose in both absolute and percentage terms, to 167 (out of 616) and 26.6%. The representation of women has been on an ascending curve since 1979, when there were 67 women Members out of 410 (16.3%). The proportion of women in the European Parliament is higher than the average for the national parliaments of the Member States.

The professional profile of MEPs may be considered varied. The professions represented include teachers, civil servants, lawyers, architects, economists, doctors, engineers and journalists (all in large numbers), as well as a sprinkling of farmers, writers, artisans, workers and housewives, plus a student, an artist, a priest and a theologian.

Publicity and transparency

The European Parliament is an institution characterised by a high degree of openness and willingness to listen to the public. It has therefore always fought for the development of institutional transparency - that is, the principle that every citizen should be able to know who takes what decision, where and when, for what purpose and under what powers.

Following the establishment by the Treaty of Amsterdam of the principle of openness as an index of the democratic nature of decision-making in the Union, Parliament adopted a decision establishing the conditions governing public access to European Parliament documents, thus making this right a reality.

The powers of the European Parliament

Over its fourth legislative term, Parliament further consolidated the powers it had progressively acquired at each stage of its evolution as a democratic institution of the EU. The key milestones on this long march have been, briefly: the Treaties of 1970 and 1975 (for Parliament's budgetary powers), the Single European Act (1986), the Treaty of Maastricht (1992) and the Treaty of Amsterdam (1997).

Following the Treaty of Amsterdam, Parliament has gained new powers: the codecision procedure will now apply to the majority of legislative proposals, and Parliament will acquire new competences in the areas where the Union's powers have been expanded (e.g. employment policy, free movement of persons, immigration policy and judicial cooperation in civil matters).

Parliament will be responsible for approving the candidate for the Commission presidency who will be put forward by the Member State governments in mid-1999, and, at the beginning of the year 2000, will hold a vote of confidence in the new Commission as a whole and its programme for the 2000-2004 legislative term.

Legislative codecision

Parliament participates in the preparation of Community legislation at a number of levels, on the basis of the Treaty provisions applying to the various fields of activity. In view of the considerable progress achieved at Amsterdam as regards the procedure for drawing up and adopting Community legislation, the legislative power-sharing arrangements between Parliament and the Council of Ministers may be described as a kind of 'cohabitation'.

For the first thirty years of Parliament's existence, its legislative role was confined to the Council having to consult it before adopting a Community act. In 1987, the Single European Act strengthened Parliament's powers by introducing the Parliament/Council cooperation procedure, by means of which Parliament was enabled to modify or block Council proposals. The Treaty of Maastricht introduced legislative codecision, under which Parliament participates as of right in the adoption of Community acts: legislation shuttles back and forth between the two institutions on the basis of a two-reading system, and they are thus enabled to adopt acts by joint accord (where necessary, after a conciliation procedure).

The Treaty of Amsterdam has extended the areas covered by codecision, as well as simplifying it by making it possible to reach an agreement at first reading.

Binding powers in international relations

Since 1986, Parliament has had the power of assent over the admission of new Member States to the Union and over association agreements. Maastricht reinforced this power by extending it to the majority of international agreements. The same applies for the adoption of certain internal Community provisions (e.g. the single electoral procedure). Parliament decides its assent on a Council position at one reading, with no facility of amendment; it can, in practice, also exercise the power of veto.

The importance of the procedure was demonstrated in May 1994, when Parliament gave its assent to Austrian, Finnish and Swedish membership of the Union, and again in December 1994, with the assent granted to the Marrakesh agreements on services, which formed the germ of the WTO.

The right of legislative initiative

Since Maastricht, Parliament has also had a limited right of legislative initiative, even though the Commission remains overwhelmingly the dominant partner in this sphere. Parliament may also call on the Commission to submit suitable proposals to it in specific fields.

Budgetary powers

Parliament and the Council form the two branches of the budgetary authority.

The budget procedure consists of two readings, and is based on a distinction between 'compulsory' and 'non-compulsory' expenditure (the former relates mainly to agricultural spending, while the latter covers almost everything else). The distinction is purely conventional, as non-compulsory expenditure includes sectors which are just as important for European integration, such as economic and social cohesion, transport, research, the environment, education and culture.

In the eventuality of disagreement with the Council, Parliament has had, since 1975, the power to reject the budget in its entirety (a power which it has actually exercised twice in the Community's history). Provided there is no disagreement with the Council on the final text, Parliament is responsible for approving the appropriations in their final form at the second reading (which takes place at the December part-session), and it is the President of Parliament who signs the budget into existence.

Since 1975, Parliament, and Parliament alone, has had the power to grant the Commission discharge in respect of its management of the budget over the previous financial year. Close relations of cooperation have developed over the years between Parliament and the European Court of Auditors, which is responsible for the annual task of monitoring the accounts and verifying the correctness of the institutions' financial management.

Powers of control

In all representative democratic systems, the powers of control of parliament over government are a key element in the relations between the political institutions. By the same token, if the EU's democratic character is to be strengthened the powers of control of the European Parliament must be reinforced. These powers, as things stand, are exercised in the first place through the appointment procedure for the Commission President and the other Commissioners.

Parliament has the power to pass a motion of censure against the Commission. This requires a majority of two-thirds of the votes cast and one half of Parliament's component Members. It is Parliament's ultimate control weapon. Should a motion of censure be adopted, the entire Commission would have to resign.

Parliament's powers of control over the Commission also concern the annual discharge of its execution of the budget (see above). In January 1999, Parliament used this power to express its strong dissatisfaction with the Commission's management of the budget. The EP is also empowered to set up committees of inquiry to undertake detailed investigations into specific aspects of the Community's action (as in the case of the BSE crisis).

The EP must also be consulted over the appointment of members of the European Central Bank and the Court of Auditors.

Parliament also has powers of control over the Council. At the beginning and end of each six-month presidency, the President-in-Office of the Council participates in a debate in plenary, presenting, respectively, the Council's programme or a summing-up of its achievements. In addition, the EP examines, in plenary, the reports submitted to it following each European Council. At the opening of each European Council, the President of Parliament addresses the heads of state and government to explain the EP's positions on the subjects to be debated.

Questions may be put to the Council or the Commission by a committee of Parliament, a political group or a certain number of Members, with or without a debate in plenary. During a part-session, MEPs may also address the Council Presidency or a Commissioner at Question Time.

Parliament must be consulted by the Council Presidency on the main aspects and fundamental options of the common foreign and security policy (CFSP), to ensure that its views are duly taken into account. It also has the facility of influencing Council policy via recommendations delivered on its own initiative. Parliament has made every effort to move beyond these rights of information and consultation, by holding multiple debates on international matters of major importance, especially those concerning human rights, respect for democratic principles, development aid and the preservation of peace.

In the field of justice and home affairs, Parliament also has the right to be consulted and informed. As these areas are gradually transferred from the intergovernmental to the Community framework, Parliament will increasingly be enabled to play a genuinely legislative role.

The EP may also take out proceedings at the European Court of Justice where it believes another of the Union institutions has acted in breach of the Treaties and in such a way as to undermine Parliament's own prerogatives.

The European Parliament in dialogue with the public and civil society

The European Parliament is a citadel of democratic representation in the Union. From its beginnings, it has been the institutional cradle of a nascent concept of European citizenship. In parallel to the strengthening of its political, legislative, budgetary and control powers, the EP has created, and progressively reinforced, channels for dialogue, communication and information between itself and civil society in the Community, as well as with the general public and, indeed, with any person residing on Union territory. Among the instruments employed for this purpose are public hearings and petitions.

Public hearings

In the context of their legislative, political and control activities, virtually all the European Parliament's committees organise hearings each year, with the participation of experts, leading figures from the economic, social and cultural worlds, and representatives of NGOs. As is the case with the ordinary work of the committees, these hearings are always open to the public, the press and the media.

At the time of the Intergovernmental Conference for the revision of the Treaty of Maastricht, Parliament organised hearings with a large number of NGOs with the aim of making the revision process more transparent.

In parallel to the work of the committees, Parliament has on several occasions brought together representatives of local and regional authorities, as well as such groups as young people and senior citizens, and has incorporated the results of these large-scale hearings into its political initiatives and activities.

Parliament organises regular meetings of school students from the Member States, in the context of EUROSCOLA, a programme for consciousness-raising among democratically committed young people. This programme allows some 10 000 young people to visit Parliament's Strasbourg, Brussels and Luxembourg buildings each year.

Petitions

The right of petition, which was introduced by Parliament itself through its Rules of Procedure, is enjoyed by all persons living within the Union, and was definitively institutionalised by the Treaty of Maastricht. Over a legislative term, more than 6000 petitions are addressed to Parliament's Committee on Petitions, thus enabling Parliament to play the vital role of mediating between the Union and its citizens.

To complement the right of petition, the office of European Ombudsman has been introduced. The Ombudsman, who is appointed by Parliament itself, deals with complaints concerning maladministration by the EU institutions.

The impact of the European Parliament's exercise of its powers

The citizens of Europe want a Union that is more democratic, more transparent and closer to the grassroots - a Union that will not only speak with one voice on the world stage and coordinate economic and social policy, but also have the capacity to act on their everyday concerns.

The gradual extension of Parliament's powers, especially in the legislative field, is intended to meet this expectation.

The legislative procedures may seem complex, but they have proved to be effective while not undermining the effectiveness of the Community decision-making process. Indeed, the formula combining majority voting in Council with codecision by Parliament has made it possible to speed up legislative decision-making and improve the quality of the texts, in line with the public's demands.

Codecision enables Parliament and the Council, on the basis of proposals submitted by the Commission, to mould the future of the Union together.

By way of example, we shall go on to look at four major fields in which Parliament has had a substantial influence on the evolution of the Union over the most recent legislative term (1994-1999).

The European Parliament and economic and social policy:

The euro

Since the institution of economic and monetary union, Parliament has played a vital role in shaping the future of economic and monetary policy in the Union, and it will continue to do so beyond the third phase, which will culminate in 2002 with the permanent replacement of the national currencies by the euro. This role operates on three fronts:

* Parliament operates as a forum for dialogue with all the parties concerned by the single currency (consumers, trade unions and employers' representatives, the national parliaments, the governors of the central banks, and others), and has thus made a key contribution to the debate on its introduction. On an initiative of Parliament's, a joint information campaign on EMU has been launched by the EP, the Commission and the Member State governments.

* Parliament has participated in the appointment of the members of the Executive Board of the European Central Bank (ECB), by hearing the candidates put forward by the national governments and endorsing their nomination.

* Parliament has the power to deliver opinions enabling it to express its position and have an influence on the major decisions on monetary matters. It also has a co-legislative role on a whole range of economic issues surrounding monetary policy.

When Parliament expressed its position on the 'stability and growth pact' which is to accompany EMU, it called for the Member States' budget policies to be defined in such a way as to permit a sufficient level of public investment; this provision has now been incorporated in full in the final version of the pact (May 1997).

Parliament has also obtained the following safeguards: the inclusion of provisions for the legal protection of consumers against any abuse or fraud which may arise from the introduction of the euro; a ban, in all standard contracts, on clauses permitting any party to be freed from its obligations following replacement of the national currency by the euro; the outlawing of bank charges on conversions between national currencies and euro; and double pricing over the transition period, to ensure that consumers are not misled as to the real value of the goods and services they purchase.

Parliament has, finally, proposed that the national central bank reserves which will become available for use following their partial transfer to the ECB should be used for purposes of job-creating investment. This proposal has stimulated a keen debate in the EU, and has received the support of a number of governments.

Employment

With almost 10% of the workforce out of a job, the most pressing concern for the citizens of Europe is employment. The public expects the Union to do something concrete to improve this state of affairs.

Thanks to the efforts of Parliament, a new chapter on employment has been included in the Treaty of Amsterdam, and ad hoc financing for a European employment initiative has been provided since the 1998 budget.

Parliament has also proposed the following measures: to improve the provision of training for the long-term jobless and young unemployed people; to increase spending at Member State level on education, vocational training for adults and R & D; to compensate overtime in free time, thus opening up opportunities for education, career breaks and sabbaticals; to support a generalised reduction in working time, to be offset by lower social security contributions; and to reduce taxation on labour by transferring part of the tax burden to the environment, natural resources, energy and capital-intensive production.

Young people

Unemployment, together with the social exclusion it creates, especially among young people, represent a huge challenge to European society.

In response to the preoccupations of the younger generation, the EP, at the beginning of the 1990s, proposed a new European policy for youth.

Since then, a number of Community programmes have been set in motion, aimed at school students, university students and young workers, with the aim of developing exchanges, contributing to ongoing training, opening up new transfrontier employment opportunities and encouraging better use of the new technologies of the information society.

Each year, 25 000 young people take part in the Leonardo da Vinci programme, 170 000 in the Socrates programme and 80 000 in the Youth for Europe programme. On the basis of the results of these programmes, a fresh initiative has been launched by Parliament, for the creation of a young people's volunteer service, aimed at the 18-25 age group; thanks to the political impetus given by Parliament and following a successful pilot scheme, a multiannual programme has been adopted in this field by Parliament and the Council. This programme came into operation in 1998.

The European Parliament and fundamental rights and freedoms

In 1998, the UN celebrated the fiftieth anniversary of the Universal Declaration of Human Rights. The EC Treaties did not originally make specific mention of human rights, and the EP had to wage a long campaign to make good this shortcoming. Finally, in the Treaties of Maastricht and Amsterdam, the EU included democracy and human rights at the core of its legal identity, with, in particular, the provision that new Member States must adhere to those principles.

Should a Member State prove to have violated those principles in a grave and persistent fashion, sanctions may be taken against it (as was earlier proposed in the draft Treaty on European Union adopted by the EP in 1984).

Parliament also believes that no country which has not yet abolished the death penalty should be eligible for EU membership.

The implementation of these principles has also been reflected - at Parliament's insistence - in the Treaty provisions concerning the objectives of the common foreign and security policy and in the arrangements for cooperation with developing countries, especially those linked to the Community by the Lomé Convention (the African, Caribbean and Pacific or ACP countries).

The European Parliament's commitment to human rights has led it to refuse its assent to a certain number of financial protocols with Morocco, Syria and Turkey, and to call for the suspension of aid programmes for certain ACP countries. Its stand has also resulted in the creation of a budget heading for a European initiative for democracy and the protection of human rights, funding for which stood at ECU 27 m in 1994 and is now ECU 75.8 m.

Since 1988, Parliament has awarded the annual Sakharov Prize for human rights. During its fourth legislative term, this prize has been awarded to the Bangladeshi novelist and medical doctor Taslima Nasreen, the Kurdish parliamentarian Leyla Zana, the Chinese dissident Wei Jingsheng, the Algerian journalist Salima Ghezali, and, most recently, the writer Ibrahim Rugova, President of Kosovo.

Women's rights

The EP has exercised substantial pressure in favour of putting an end to violence against women and all forms of gender discrimination. It has created a Committee on Women's Rights, which now plays a key role in the development of Community law in this field. In 1998, Parliament launched a campaign to alert public opinion to the predicament of the women of Afghanistan, and gave its support to an international day of action on the theme 'A flower for the women of Kabul'. 1999 will see a Community campaign to fight violence against women, organised on the initiative of Parliament.

Action against child abuse

Children are one of the most vulnerable groups in society, but up till now the EU has not pursued a direct policy for the promotion of children's rights. The international action programme set out in the Stockholm declaration on the sexual exploitation of children for commercial purposes has been signed by all the Member States, but has had little impact at Union level.

Given this situation, Parliament has called for the following measures: criminalisation of paedophile acts, child sex tourism and child pornography; use of compulsory 'medico-social monitoring' to prevent repeat offences; creation of databases on persons found guilty of the above offences; and guarantees of special protection for the victims of child sexual abuse.

he European Parliament believes that the protection of children from abuse should take priority over all other considerations, and that children have the right to a harmonious family environment. Parliament has called on the Commission and the Council to act: the Council, by enlarging the scope of the future European information system under Europol; the Commission, by acting to stop sex tourism through effective measures against travel agencies exploiting such tourism.

The European Parliament, public health and the environment

Parliament has turned legislative codecision to good account with the aim of making one of its main objectives a reality: that is, the improvement of the quality of life and the environment of the citizens of Europe. It has also worked for the adoption of Community rules on subjects which have aroused considerable interest in public opinion and the media, such as: 'novel foods'; action against cancer, smoking and AIDS; air quality; and the problem of BSE.

Genetic manipulations are employed for such purposes as altering the taste, flavour or storage duration of food products or protecting them against insects and pesticides. The EP has pressed for guarantees that these 'novel foods' can be consumed without risk, insisting that they should be environment-friendly and properly labelled. Following negotiations between Parliament and the Council, these objectives have largely been attained. Parliament has also managed to ensure that food labels mention the presence of any genetically modified organisms.

In the context of the Community's campaign against cancer, Parliament has obtained substantial improvements in the texts proposed, especially as regards: additional health education measures targeted on specific groups, particularly children; action to combat the aggressive impact of tobacco advertising on young people; and the classification of dangerous substances and preparations with a view to improved packaging and labelling.

Every year in the EU, smoking claims over 500 000 victims. After nine years of discussion and preparation, the directive outlawing all tobacco advertising and all sponsorship by tobacco companies throughout the Union has been adopted by Parliament and the Council. The final text allows three years for incorporation, with certain exceptions which may in no case be extended beyond 1 October 2006. The directive includes the majority of Parliament's amendments, especially those authorising individual Member States to operate stricter rules and enabling persons having a legitimate interest in banning advertising incompatible with the directive to take out legal action.

The Community's campaign against AIDS includes the proposals made by Parliament on the subject of sex education, especially in schools, and concerning use and availability of and access to good-quality condoms.

A package of anti-pollution measures with major industrial and financial implications (known as the 'Auto-Oil programme') relating to road transport for the beginning of the new millennium has been adopted by Parliament and the Council, following a conciliation procedure which, while not without its difficulties, ultimately proved more than satisfactory.

This agreement has enabled Parliament to reach its main objectives, namely that compulsory quality standards should be in place for diesel oil by the year 2000, and that maximum limits on polluting emissions should be introduced by 2005. Three texts have been adopted: a directive on the quality of petrol and diesel fuel in the Union; and two directives on reducing exhaust gas emissions from motor vehicles and light utility vehicles.

The BSE affair - a crisis without precedent since the 1950s - has taken its toll: over 2 m animals have been slaughtered, the beef market has been shaken to its foundations, and farmers have been impoverished, or even bankrupted. However, what has most seriously affected public opinion has been the suffering of the CJD victims and their relatives.

This crisis centres on the use of animal meal as a feedingstuff for ruminants. The European Parliament was among the first to sound the alarm, calling in June 1990 and January 1993 for inspections to combat epidemics and for tighter controls within the internal market.

In view of the gravity of the crisis, Parliament decided to set up a committee of inquiry to determine responsibilities. This committee began its work in September 1996, and in February 1997 Parliament adopted 79 proposals put forward by it, and also threatened the Commission with a motion of censure. An ad hoc monitoring committee was created, and Parliament undertook a review of progress in November 1997. The results achieved have included: the compulsory sterilisation of animal meal; the administration reorganisation of the Commission departments concerned; a directive on food law; aid for the victims; research into BSE under the Fourth Research Programme for 1997-1998; and publication of veterinary inspection reports on the Internet.

Looking beyond the BSE crisis, it may be said that Parliament's role has been crucial in launching the moves now under way in the EU to create a genuine public health policy.

The European Parliament and the challenges of the late twentieth century

Biotechnologies

New EU legislation on the protection of biotechnological inventions was adopted in 1997, following three years of negotiations and the rejection (in March 1995) of the Commission's initial proposal by Parliament. The revised proposal is intended to ensure the protection of biotechnological inventions at Union level, via the harmonisation of national law, which at present varies widely.

Under the proposed patent system, inventors would have exclusive rights over their inventions for a limited period. Once that period was up, the invention would become public, and could therefore be utilised as a basis for subsequent research and development. Industry and the consumer would thus be able to benefit from the patenting.

'Television without frontiers'

On the subject of the directive on 'television without frontiers', Parliament has, in the face of the proliferation of pay-TV channels, emphasised that the right of viewers to unscrambled access to major (especially sporting) events must be preserved. Concerning the protection of minors, the final text of the directive incorporates Parliament's call for improved protection and measures to facilitate parental control over the reception of certain types of broadcast.

Conclusions

In the name of the citizens who will have elected it by direct universal suffrage, the European Parliament elected for the fifth legislative term (1999-2004) will be called on:

- to participate actively in the debates on the future of Europe and the revision of the Treaties: Parliament will submit its proposals on reforming the Union, while continuing its cooperation with the national parliaments and ensuring that the concerns of civil society in Europe are met;

- to decide, on a footing of equality with the Council, the guidelines and means of implementation for the major common policies;

- to determine the Union's expenditure within the context of the multiannual resources allocated to the Community budget;

- to set out the basic guidelines for the introduction of a genuine European citizenship and a fully-fledged European area of free movement and security;

- to develop a continuous dialogue with the European Central Bank; to decide, on a footing of equality with the Council, on all the legislative measures relating to the economic context of monetary policy; and to express its position on the monetary decisions to be taken in preparation for the replacement of national currencies in 2002;

- to give the green light to the enlargement of the Union to the centre, east and south of Europe;

- to participate actively in the definition of the Union's role in the world through its monitoring of the development of the common foreign and security policy.

The European political parties will call on the Union's citizens to indicate their priorities for the fifth legislative term by voting for the various lists of candidates which will be put forward in each Member State. The development of new forms of participatory democracy will enable every section of civil society and all economic agents in the Member States to put forward their own models for the European Union on the eve of the third millennium.

A high turnout at the elections to the European Parliament will enable the citizens of the Union to consolidate the democratic legitimacy of the sole European institution which speaks in the name of all the citizens of the Member States.