Introductory text

THE EUROPEAN COUNCIL,

Having regard to the Treaty on European Union, and in particular Article 14(2) thereof,

Having regard to Article 2(3) of Protocol 36 on transitional provisions,

Having regard to the initiative of the European Parliament^f1,

Having regard to the consent of the European Parliament^f2,

Whereas:

Article 2(1) and (2) of Protocol 36 on transitional provisions will expire at the end of the 2009-2014 parliamentary term.

Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term.

It is necessary to comply without delay with the provisions of Article 2(3) of Protocol 36 and therefore to adopt the decision provided for in the second subparagraph of Article 14(2) of the Treaty on European Union, in order to enable Member States to enact in good time the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term.

The first subparagraph of Article 14(2) of the Treaty on European Union lays down the criteria for the composition of the European Parliament, namely that representatives of the Union’s citizens are not to exceed 750 in number, plus the President, that representation is to be degressively proportional, with a minimum threshold of six members per Member State, and that no Member State is to be allocated more than 96 seats.

Article 10 of the Treaty on European Union provides, inter alia, that the functioning of the Union shall be founded on representative democracy with citizens being directly represented at Union level in the European Parliament and Member States being represented by their governments, themselves being democratically accountable to their national Parliaments or citizens, in the Council. Article 14(2) of the Treaty on European Union on the composition of the European Parliament therefore applies within the context of the wider institutional arrangements set out in the Treaties, which also include the provisions on decision making in the Council,

HAS ADOPTED THIS DECISION: