Op-ed: Fairer allocation of EU powers needed to handle unprecedented challenges

AFCO chair MEP Sven Simon calls for constitutional reform across the Council, the Commission, and the Parliament to strengthen the union’s democratic legitimacy.

By Sven Simon

MEP Sven Simon (EPP, DE) is chair of the European Parliament’s Committee on Constitutional Affairs (AFCO).

12 Nov 2024

@svensimon

EU institutions need to be better equipped to address the unprecedented economic and political challenges we face. The primary aim of the Committee on Constitutional Affairs (AFCO) for this mandate is to improve checks and balances between the European Parliament, the European Commission, and the Council of the EU. 

AFCO will also try to finish updating the Electoral Act and continue to revise and simplify the Parliament’s internal rules. 

Our first priority is to reform the 2010 framework agreement on inter-institutional relations between Parliament and the Commission. This includes three main objectives: enhancing Parliament’s right of initiative, strengthening its right of inquiry, and scrutinising the Commission’s use of Article 122 of the Treaty on the Functioning of the European Union (TFEU) as a legal basis. 

First, Parliament's right of initiative is currently very limited, as is its ability to respond to evolving legislative needs. This is less a matter of creating new legislation than of amending or repealing existing laws. Parliament will seek a commitment from the Commission to propose revised legislation within 12 months following a request. If the Commission does not wish to make such a proposal, it should be obliged to give a reasoned response within three months.   

Secondly, AFCO will advocate for a stronger right of inquiry under Article 226 TFEU, which allows Parliament to investigate suspected maladministration. Given the existing draft has stalled, we recognise the need to propose new legislation on this matter. In the absence of meaningful progress, the Commission and Parliament should agree on bilateral steps forward. 

Thirdly, AFCO will examine the Commission's increasing reliance on Article 122 TFEU, an emergency legislative procedure that excludes the Parliament. While there are cases where it is justified, we believe its use should be limited to truly exceptional circumstances. If a procedure is to be initiated based on Article 122, the Commission should be obliged to consult Parliament beforehand and explain why this legal basis has been chosen and what potential impact it may have on other areas of European legislation.  

Another area where AFCO has significant efforts ahead is the reform of the allocation of parliamentary seats. The treaties establish the principle of degressive proportionality, which gives relatively more seats to smaller member states. However, there is currently no mathematical formula for the allocation. Our aim is to develop a robust and equitable system for seat distribution that ensures fairness for all member states.  

AFCO is still awaiting a response from the Council on the Article 48 report, an EP proposal to reform the EU treaties. While a new convention on treaty reform by member states seems unlikely at present, targeted reform remains a key objective. The cross-party unifying goal is to make the EU more focused and more capable to act – and to strengthen its democratic legitimacy. 

Furthermore, I am planning to host a conference on the rule of law and the primacy of EU law. The diverse legal traditions across Europe often result in varying interpretations, and risk conflict resulting from misinterpretation or misunderstanding. By promoting transnational dialogue, we hope to enrich understanding and encourage more consistent lawmaking in the EU.