The strengthening of European democracy

 

SUMMARY OF:

Article 10 of the Treaty on European Union

WHAT IS THE AIM OF THE TREATY ARTICLE?

• Article 10 of the Treaty on European Union (TEU) states that the functioning of the European Union (EU) is founded on representative democracy, whereby citizens vote for representatives who then vote on their behalf on policies and legislation.
• The article also elaborates on the practical implementation of this objective in the EU decision-making process, ensuring that decisions are taken as openly and as closely as possible to the citizen. In this way, it seeks to ensure that citizens are central to the European project and to counter any perceived democratic deficit whereby the EU and its institutions may appear far removed from people’s daily lives.
• One of the main aims of the Treaty of Lisbon was to improve democracy in the EU. Following its entry into force, the ordinary legislative procedure (OLP) gives the same weight to the European Parliament and to the Council of the European Union in most of the EU’s areas of competence. Another innovation that it brought is that the Parliament now shares the power to decide on the entire annual budget of the EU with the Council, and has the final say.

KEY POINTS

The citizen at the heart of European representative democracy

Article 10 TEU provides that citizens are directly represented in the Parliament and that this representative democracy is one of the foundations of the EU. Although this recognition does not give citizens new rights as such, it does have strong symbolic value.

In Article 1 TEU it is established that decisions are taken as openly as possible and as closely as possible to the citizen.

Before the 2014 elections to the Parliament, the first to be held after the Treaty of Lisbon entered into force, the European Commission sought to boost citizens’ interest in the European elections. In a recommendation (Recommendation 2013/142/EU) and a communication, the Commission invited national and European political parties to inform citizens of their affiliations and to publish, before the elections, the names of the candidates for President of the Commission they supported. Taking into account the results of the European elections, under Article 17 TEU, the European Council proposes to the Parliament a candidate for President of the Commission.

An EU that is more accessible to citizens

The Treaty of Lisbon clarified the functioning of the EU in order to improve citizens’ understanding of its structure and procedures. The previously vast numbers of legislative procedures have given way to the OLP and special legislative procedures, detailed on a case-by-case basis. The old pillared structure has been replaced by a clear and precise distribution of competences within the EU.

The Treaty of Lisbon also improved the transparency of work within the EU and extended to the Council the principle of public conduct of proceedings, which already applied within the Parliament, resulting in better information for citizens about the content of legislative proceedings.

Stronger representation at the institutional level

The Treaty of Lisbon greatly strengthened the powers of the Parliament. The most significant changes included the following.

• The strengthening of legislative power. The OLP, in which the Parliament has the same powers as the Council, has beenextended to new policy areas.
• A greater role at the international level. The Parliament can approve international agreements in the fields covered by the OLP.
• The strengthening of budgetary power. The Parliament was henceforth placed on an equal footing with the Council in the procedure for adopting the EU’s annual budget.

The Treaty of Lisbon also enhanced the role of national parliaments, which are required to ensure the proper application of the principle of subsidiarity. In this respect, they are able to intervene in the OLP and have a right of referral to the Court of Justice of the European Union.

Greater citizen participation in the decision-making process

The Treaty of Lisbon recognised, for the first time, the existence of a European civil society, with which the EU institutions should engage in an open and transparent dialogue on a regular basis (Article 11 TEU, paragraphs 1 and 2).

Crucially, it introduced the right to citizens’ initiatives (Article 11 TEU, paragraph 3), by means of which EU citizens, subject to several conditions, may invite the Commission to submit a proposal on matters where they consider that a legal act of the EU is required. This treaty article expresses the EU’s desire for citizens to participate in taking decisions on issues of concern to them.

Tackling disinformation

Following extensive consultations with citizens and stakeholders, in 2018, the Commission issued a communication on tackling online disinformation with a view to raising public awareness and outlining measures it intended to take. This was soon followed by a self-regulatory Code of Practice on Disinformation, drawn up and signed by representatives of online platforms, leading tech companies and players in the advertising industry.

Democracy action plan and follow-up initiatives

Factors such as the rise in extremism, disinformation, the lack of transparency and accountability of online platforms, interference in Europe’s democratic processes and threats to media pluralism and freedom led to the European democracy action plan, presented by the Commission in late 2020. To build more resilient democracies across the EU, this plan seeks to address these issues by:

• enforcing rules on fair competition in online public debates;
• protecting integrity in the electoral process;
• involving and empowering the public;
• strengthening the media; and
• fighting disinformation and interference.

In 2021, the Commission issued a communication on protecting electoral integrity and promoting democratic participation, accompanied by legislative proposals on:

• transparency and the targeting of political advertising;
• revising the rules on the funding of European political parties and foundations; and
• the right to vote and to stand as candidate in municipal elections for EU citizens residing in a different Member State from their state of origin.

This was followed in 2022 by a proposal which was adopted in 2024, European Media Freedom Act (see summary), and a complementary recommendation to encourage internal safeguards for editorial independence.

A strengthened Code of Practice on Disinformation was signed in 2022. This seeks to achieve the objectives of guidance issued by the Commission in 2021.

Looking towards the future

Launched jointly by the President of the Parliament, the President of the Commission and the Prime Minister of Portugal, representing the Presidency of the Council, the Conference on the Future of Europe was launched in 2021 to discuss a roadmap for the EU’s future. It ran until May 2022.

The conference comprised a series of events, such as citizens’ panels and online digital platforms, that fed into conference plenaries. Participants included EU citizens, with young people playing a central role, social partners and civil society organisations, along with European, regional and local authorities.

The conference resulted in a report that includes 49 proposals under nine themes and more than 300 proposed measures. Among other things, it calls for more use of citizens’ assemblies, referendums and the greater involvement of citizens in electing the President of the Commission. In June 2022, the Commission published its first analysis of these results.

BACKGROUND

For further information, see:

• Democracy and electoral rights (European Commission)
• Conference on the Future of Europe (European Union).

MAIN DOCUMENT

Consolidated version of the Treaty on European Union – Title II – Provisions on democratic principles – Article 10 (OJ C 202, 7.6.2016, p. 20).

RELATED DOCUMENTS

Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act) (OJ L, 2024/1083, 17.4.2024).

Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions – Conference on the Future of Europe – Putting Vision into Concrete Action (COM(2022) 404 final, 17.6.2022).

Commission Recommendation (EU) 2022/1634 of 16 September 2022 on internal safeguards for editorial independence and ownership transparency in the media sector (OJ L 245, 22.9.2022, pp. 56–65).

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Protecting election integrity and promoting democratic participation (COM(2021) 730 final, 25.11.2021).

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – European Commission Guidance on Strengthening the Code of Practice on Disinformation (COM(2021) 262 final, 26.5.2021).

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the European democracy action plan (COM(2020) 790 final, 3.12.2020).

Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (OJ L 130, 17.5.2019, pp. 55–81).

Successive amendments to Regulation (EU) 2019/788 have been incorporated into the original text. This consolidated version is of documentary value only.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Tackling online disinformation: a European Approach (COM(2018) 236 final, 26.4.2018).

Consolidated version of the Treaty on European Union – Title II – Provisions on democratic principles – Article 11 (OJ C 202, 7.6.2016, p. 21).

Consolidated version of the Treaty on European Union – Title III – Provisions on the institutions – Article 17 (OJ C 202, 7.6.2016, pp. 25–26).

Commission Recommendation 2013/142/EU of 12 March 2013 on enhancing the democratic and efficient conduct of the elections to the European Parliament (OJ L 79, 21.3.2013, pp. 29–32).

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Preparing for the 2014 European elections: further enhancing their democratic and efficient conduct’ (COM(2013) 126 final, 12.3.2013).

Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (OJ L 65, 11.3.2011, pp. 1–22).

See consolidated version.

last update 30.07.2024