CIPP/E Study Guide
Ch 2.2 - European Parliament

European Parliament

The European Parliament is the only EU institution directly elected by EU citizens, giving it democratic weight. It has four roles: legislative development, supervisory oversight, democratic representation and the budget. It is a co-legislator with the Council but cannot itself propose new legislation - it can only invite the Commission to do so. Three legislative procedures apply (ordinary procedure|ordinary, consultation procedure|consultation, consent procedure|consent), and on data protection the ordinary procedure applies, guaranteeing Parliament's full influence.

The European Parliament is the only EU institution whose members are directly elected by EU citizens. Under Article 9A of the EU Treaty it has four responsibilities: legislative development, supervisory oversight of other institutions, democratic representation, and development of the budget. It can censure the Commission - even forcing the entire College of Commissioners to resign.

Parliament cannot self-propose law

The Parliament cannot propose new legislation of its own accord. It may only invite or call on the Commission to submit a proposal. The right of legislative initiative belongs to the European Commission.

The three legislative procedures (Parliament's role differs in each)
ProcedureParliament's roleWhen used
Ordinary procedureEqual footing - both Parliament and Council must assent; either can blockMost matters, including data protection
Consultation procedureCouncil must consult but is not bound by Parliament's opinionWhere Council alone holds legislative power
Consent procedureParliament's consent is required (cannot amend, only approve/reject)Particularly important decisions, e.g. EU enlargement
  • At the time of writing there are 705 MEPs (including the president), out of a fixed maximum of 751, from 27 EU countries
  • No member state may have more than 96 MEPs; minimum 6 per member state
  • Elections every five years; MEPs sit in Europe-wide political groups, not national blocs
  • A group needs at least 25 members and at least a quarter of member states represented
  • Lisbon changed Parliament's default voting from an absolute majority to a simple majority

On data protection, Lisbon requires legislation to be adopted under the ordinary procedure rather than consultation or consent, guaranteeing Parliament's influence. Parliament has frequently been a vocal advocate of privacy, taking a more protective stance than other institutions during the reform that produced the GDPR and LED.

Key terms - quick answers

What is “European Parliament”?
The only directly elected EU institution; co-legislator with the Council, exercises political control and elects the Commission President.
What is “Ordinary procedure”?
Co-decision procedure where both Parliament and Council must assent; legislation fails if either opposes it. Used for data protection.
What is “Consultation procedure”?
The Council must consult Parliament but is not bound by its opinion; the Council alone holds legislative power.
What is “Consent procedure”?
For particularly important decisions (e.g. EU enlargement), Parliament's consent is required.