The European Parliament's appointing powers

Briefing 19-05-2021

The role and the prerogatives of the European Parliament have evolved and increased over time, not only as regards legislative powers and oversight but also in relation to the procedures to nominate, vet and appoint people to other senior positions in EU institutions, agencies and other bodies. Parliament's role varies from case to case depending on the legal basis. For instance, Parliament appoints the European Ombudsman, is consulted when appointing the members of the Court of Auditors and appoints one member to the panel which vets nominees for the European Court of Justice. Parliament's scrutiny of such candidates, in various different forms, helps in ensuring the credibility, accountability and legitimacy of the process as well as its transparency. What is today codified in the EU Treaties, secondary legislation and Parliament's Rules of Procedure is mostly the result of a set of Parliamentary processes that became established practices over the years. This demonstrates that Parliament has managed to use its political leverage to expand and formalise its power to nominate and appoint the holders of senior positions in EU institutions, agencies and other EU bodies. Moreover, through making informed scrutiny of the candidates, Parliament can better ensure that they are qualified for the job. Despite the heterogeneity of procedures, some common patterns may be highlighted, in particular, that candidates and nominees generally appear in front of the relevant committee(s) of the European Parliament, first making a statement and then answering questions from Members. Experience in recent years shows that Parliament has not been shy in using its powers. Suffice to mention the 2019 hearing process for the appointment of the von der Leyen Commission and the appointment of the first ever European Chief Prosecutor, where the Parliament's influence in the final appointments is clear.