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CODECISION IN PRACTICE

This document presents an in-depth analysis of the co-decision procedure established by Article 251 of the EC Treaty, which ensures parity between the European Parliament and the Council in the legislative process. It outlines the stages of the procedure, the evolution of legislative activities between 1999 and 2004, and the dynamics involved in conciliation when no agreement is reached. Key features include the roles of various committees, the involvement of rapporteurs, and the strict time limits imposed on each stage of the legislative procedure.

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CODECISION IN PRACTICE

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  1. CODECISION IN PRACTICE Presented by Nikos TZIORKAS European Parliament - Conciliations and Codecision

  2. CODECISION: an overview • Procedure set out in Article 251 EC Treaty • Parity between the two co-legislators (Parliament and Council): If no agreement  no legislation ! • Scope of the procedure: 43 areas of Community action • (92 areas under the Constitution) • Up to three readings in each institution, with possibility to conclude at each stage (different majorities!) • Strict time limits after adoption of the common position

  3. INCREASE IN NUMBER OF PROCEDURES

  4. EVOLUTION OF THE STAGE OF CONCLUSION 1999 - 2004 Source: Activity report 1999-2004

  5. “CUSTOMERS” OF CODECISION1999 - 2004

  6. FIRST READING • Commission proposal (‘right of initiative’) • Announcement in Plenary – Referral to committee • Possibility of joint involvement of several committees (lead and opinion giving committees) • Appointment of rapporteur • Committee report: recommendation for Plenary • Adoption in Plenary (SIMPLE majority!) • Possible conclusion at 1st reading •  If no agreement: COUNCIL’s Common Position

  7. SECOND READING • Time limit: 3 months (possible extension to 4 months) • Only the lead committee deals with the dossier • Committee report: recommendation for Plenary • Adoption Plenary (absolute majority: 367 out of 732) • Possible rejection (e.g. Software patents): end of procedure • Possible conclusion at second reading • if not  COUNCIL: second reading (3/4 months)

  8. ADMISSIBILITY CRITERIAAT SECOND READING Second reading amendments only admissible if they seek to: • restore Parliament’s first reading position or • reach a compromise between Council and Parliament or • amend a part of the Common Position which is new, compared to the Commission proposal or • take account of a new fact or legal situation. Note: Rule applied more flexibly after European elections

  9. CONCILIATION • Third and final stage of the codecision procedure • Always applies if Council does not approve all EP second reading amendments • Negotiations based on Common Position + EP second reading amendments (but, Court ruling in IATA case!) • Aim is to reach agreement on a joint text • Commission role: facilitator of agreement

  10. CONCILIATION deadlines and types of meetings • After the Council’s second reading: • 6/8 weeks to convene the Conciliation Committee • 6/8 weeks to find an agreement • 6/8 weeks for approval by EP Plenary and Council • EP Delegation – COREPER I • Conciliation committee • ‘Trialogues’

  11. 3 Vice-Presidents Committee chairman Rapporteur Greens/EFA 1 MEP GUE/NGL 1 MEP IND/DEM 1 MEP UEN 1 MEP EP DELEGATION: 25 MEMBERS EPP-ED 10 MEPs PES 8 MEPs ALDE 3 MEPs

  12. EP DELEGATION

  13. CONCILIATION COMMITTEE • An interinstitutional body made up of representatives of EP and Council • Council delegation: 25 Ministers or their representatives • EP delegation: 25 MEPs nominated by political groups • A separate Conciliation committee for each conciliation procedure

  14. CONCILIATION COMMITTEE

  15. TRIALOGUE: NEGOTIATORS OF THE THREE INSTITUTIONS • European Parliament - Vice-President - Rapporteur - Committee Chairman • Council Presidency - chair of COREPER I • Commission - High-level official (Director-General/Director)

  16. TRIALOGUE

  17. Tool: 4-COLUMN WORKING DOCUMENT

  18. THIRD READING • Joint text (‘PE-CONS’): must be approved by EP Plenary (SIMPLE majority) and Council • No new amendments possible! • Approval of joint text by EP + Council = Act adopted • Rejection by either EP or Council = Act falls and procedure can be re-launched only with new Commission proposal • Two cases of rejection by Parliament so far

  19. DIFFERENCES BETWEEN 1st/2nd READING AND CONCILIATION

  20. 1st/2nd READING Rapporteur Committee chair Shadow rapporteurs + Coordinators Members of the committee CONCILIATION Rapporteur Vice-President chairing EP delegation Committee chair Members of the EP delegation (incl. shadows) PLAYERS ON THE PARLIAMENT SIDE

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