It is well known that the Barroso I mandate has ended on 31 October, and since then the Commission has been working in a “caretaker capacity.” Obviously, there are doubts over the legality of the decisions that the Commission has taken during this period. Nevertheless, the quiet days of the caretaker period are over. Following the European Parliament and the European Council formal approval by written procedure, the Barroso II Commission took office on 10 February. The European Commission is eager to start using the new powers under the Lisbon Treaty. Therefore, more EU legislation is on the way.
The European Parliament and the European Commission have been negotiating the so-called Framework Agreement which will govern their relation for the 2010-2015 period. Taking into account that the Lisbon Treaty has conferred new powers to the European Parliament, the new framework agreement will enhance the role of the Parliament in EU decision-making. Both European Parliament and Commission negotiators have reached, last January, “a common understanding on the key principles to be included in the revised agreement.” It has been said that the European Parliament has backed the Commission because Jose Manuel Barroso has agreed to the terms of a new Framework Agreement. It seems that Barroso has agreed to grant more powers to the European Parliament, under the new framework agreement, in order to ensure that the MEPs confirm the new Commission. In fact, José Manuel Barroso has made a statement endorsing the Parliament's demands before the vote of approval of the Commission on 9 February. The resolution providing the common principles of the revised Framework Agreement was voted before the European Commission confirmation vote.
The European Parliament was able to ensure the commitment of the Commission to the principle of equal treatment for Parliament and the Council “especially as regards access to meetings and the provision of contributions or other information, in particular on legislative and budgetary matters;” It was agreed that there will be “a regular dialogue” between the President of the Commission and the President of the European Parliament “on key horizontal issues and major legislative proposals.” Hence, the President of Parliament will be able to attend meetings of the College of Commissioners and the President of the Commission or a Vice-President will be able to attend meetings of the Conference of Presidents and the Conference of Committee Chairs when “legislative and budgetary matters are discussed;” Moreover, the Commission has committed to provide the European Parliament with “information and documentation on its meetings with national experts” as well as to “invite Parliament experts to attend those meetings;”
It is important to recall that the Lisbon Treaty increases substantially the policy areas subject to co-decision. Hence, the European Parliament becomes a co-legislator for the majority of the EU legislation. It is well known that the co-decision procedure entails a flood of informal meetings in which legislative decisions are taken behind closed doors with no scope for public supervision. Such informal trilogues are aiming at reaching an agreement before the Council adopts its common position or the European Parliament adopts its position. If the European Parliament and the Commission will start having “a regular dialogue”, behind closed doors, on legislative proposals, this will facilitate the adoption of “early agreements,” meaning the possibility of bringing co-decision dossiers to a conclusion at the end of the first reading without the need for the Council to adopt a common position. We have been assisting to the proliferation of informal meetings and early agreements through the co-decision procedure and this is set to get worse under the Lisbon Treaty.
The European Commission detains the power to initiate EU legislation hence Jose Manuel Barroso has rejected the MEPs demand to the Commission to be obliged to put forward EU legislation if requested to do so by the European Parliament. Nevertheless, the Commission has committed to respond to “any legislative initiative requests” by the European Parliament within three months following its adoption. According to the European Parliament’s resolution the Commission shall put forward “a legislative proposal at the latest after one year” or include it "in the next year's Annual Work Programme;” Moreover, if the Commission does not present such proposal, “it shall give a detailed explanation of the reasons to the European Parliament;”
Furthermore, the Commission has agreed to provide the European Parliament with information on infringement procedures.
The President of the Commission has the power, under the EU Treaty, to request a member of the Commission to resign. Under the future framework agreement Barroso will have to “seriously consider whether he should request that Member to resign” if asked by the MEPs to withdraw confidence in a commissioner. Thus, if the President of the Commission refuses to require such resignation he must explain his refusal to do so before the Parliament.
The European Commission has also committed to reinforce its “association with Parliament through the provision of immediate and full information to Parliament at every stage of negotiations on international agreements”, particularly “on trade matters and other negotiations involving the consent procedure.” The European Parliament will have, therefore, better access to information about international agreements. Moreover, the Chair of the relevant Parliament's delegation will have an observer status at international conferences.
The content of this resolution will be enshrined in the text of the Framework Agreement to be adopted this year.
As abovementioned, being co-decision the rule the European Parliament is now in an equal position with Member States. The Lisbon Treaty has extended co-decision to new areas of EU legislation, including agriculture, fisheries Police and Judicial Cooperation in Criminal Matters. In fact, under the Lisbon Treaty most legislation will be adopted by the co-decision procedure. According to the European Parliament’s Bureau there will be more legislative work consequently further recourses are needed. Hence, the European Parliament is seeking to correct its 2010 budget to take account of the additional powers stemming from the Lisbon Treaty.
Presently, the European Parliament’s budget amounts to 19,87 % of the authorised expenditure under heading 5 (administrative appropriations) of the multi-annual financial framework however, the Bureau has stressed that this figure “does not include any possible adaptations that might become necessary should the Treaty of Lisbon enter into force, particularly in the legislative area.” Hence, last December, the Bureau proposed a 2010 amending budget arguing that “When the 2010 budget was drawn up, the issue of the additional resources required for full implementation of the provisions of the Lisbon Treaty was deferred pending final ratification.” It has proposed to increase the MEPs secretarial assistance allowances by an additional €1500 per month and per Member, which will have effect from 1 May 2010. It is believed that the MEPs need additional resources to enable them to deal with the so called “increased workload” under the Lisbon treaty. Each MEP has already available €17,540 per month to pay their staff, consequently this amount would be increased to €19,040. As Roger Helmer said "At a time when public sector workers in Britain are being asked to tighten their belts, this a farce and a scandal.” Moreover, he said "Many MEPs, including myself, will struggle to spend our existing allowance as it is."
The Bureau also proposed other measures such as hiring 75 additional posts for the Parliament secretariat and 75 additional temporary posts for the political groups. These measures will cost an additional €13.4 million to taxpayers.
The European Parliament Budget Committee has recently endorsed the Bureau´s proposals. However, it noted that the Bureau's proposed European Parliament’s budget would represent 20,04% of heading 5 whereas there is a limit of 20% of the EU's total administrative budget in 2010. It has, therefore decided, in order to respect “the additional needs set out in the Bureau's proposal” to reduce the buildings reserve from EUR 15 million to EUR 11 million. Hence, the European Parliament’s budget will amount EUR 1 616 791 200 representing 19,99% of heading 5.
On 25 February, the European Parliament will vote on Maňka Vladimír’s report on the estimates of revenue and expenditure for Amending Budget 1/2010 (Section I, European Parliament). Obviously, the MEPs are very likely to endorse the abovementioned proposals.
Unsurprisingly, on 25 February, the European Parliament endorsed the abovementioned proposals. At a time where several Member States are cutting their budgets and have been applying pay freezes to their civil servants, the European Parliament votes to increase the number of staff posts and the MEPs secretarial assistance allowances.
The European Conservatives and Reformists group in the European Parliament has voted against such proposals. According to Lajos Bokros MEP “The self-imposed rule of keeping our institution’s administrative budget under 20 percent must not be broken, particularly by moving money from reserve accounts.” Moreover, he said “With a new commission only just taking office, the Lisbon Treaty has yet to be fully tested. Therefore, we are wrong to insist on extra resources for MEPs before we know what impact the treaty will have on our work.”
The Commission is expected to present a proposal revising the EU’s budget for 2010. According to the MEPs this proposal could be approved by the Council and European Parliament in April.