The use of Article 122 TFEU - Institutional implications and impact on democratic accountability

This study, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the peculiar nature of Article 122 TFEU as a non-legislative legal basis pursuant to which the European Parliament is not involved in the decision-making. It concludes that the recent recourse to Article 122 TFEU was legally defensible but that the Council does not sufficiently take into account the ‘without prejudice to’ clause in Article 122(1) TFEU. The analysis identifies different ways to bolster Parliament’s position under the current Article 122 TFEU and makes suggestions for Treaty amendment.