The Functioning of the European Parliament during the Coronavirus Pandemic: Is the Remote Solution a Real Solution?

Abstract

The European Parliament has found itself in an unprecedented position in its operation so far. In view of the public health measures imposed in response to the coronavirus pandemic, it has become impossible since mid-March to hold plenary sessions  with the physical presence of MEPs. The Parliament sought to overcome this problem by interpreting a  provision in the Rules of Procedure concerning  electronic voting in the framework of a Bureau  decision. Thus, the Parliament currently holds  sessions by way of telecommunication, for which,  however, it does not have an adequate legal basis,  and its practice runs counter to the Rules of  Procedure, which it has not amended to date. Twelve  plenary sessions have definitely not taken place in  Strasbourg in 2020, which is the Parliament’s responsibility under the provisions of Protocol 6 to  the TEU. MEPs responsible for the issue have been  looking for alternatives for months, in order to  resolve the situation, but it may even drag on until  spring 2021 to restore the legitimate functioning,  while the European Parliament may even face an  action for annulment under Article 263 TFEU on the  basis of infringement of procedural requirements.