The European Parliament’s role in concluding international agreements

Summary:

The roles of the EU institutions in negotiating and concluding international agreements, and the procedural steps, are set out in the Treaty on the Functioning of the European Union. The European Parliament's role corresponds to its law-making competences under the Treaties. If an international agreement falls exclusively under common and foreign security policy (CFSP), Parliament has no active role, but must still be informed at all stages by the Council, the European Commission or the High Representative of the Union for Foreign Affairs and Security Policy. If an international agreement does not fall exclusively within the CFSP, Parliament's specific powers depend on whether the agreement's substantive legal basis corresponds to an area of competence covered by the ordinary legislative procedure or a special legislative procedure (SLP) requiring Parliament's consent; if so, Parliament has the power to give or refuse consent to the conclusion of the agreement. If the agreement falls within the scope of an SLP where Parliament does not need to give consent, its role is limited to giving an opinion. Parliament is also entitled to call on the Court of Justice to verify ex ante whether an envisaged agreement is compatible with the EU Treaties. The 2010 framework agreement on relations between the European Parliament and the European Commission was a key step in developing Parliament's role in the negotiation and conclusion of international agreements. The agreement provides for Parliament to be informed from an early stage on negotiations on an international agreement, and for Members of Parliament to participate as observers in negotiations. The Commission undertook to keep Parliament informed on the entire negotiation process, with particular emphasis on agreements that fall within Parliament's power of consent. Parliament's Rules of Procedure lay down detailed procedural arrangements for the exercise of Parliament's competences in concluding international agreements, in particular for verification of the legal basis of an envisaged agreement that would impact on Parliament's powers.

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