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Decision-making process

Decision-making process. Revision of the Treaties. Ordinary revision procedure ( Article 48 (1) TEU) Special revision procedure ( Article 48 (2) TEU) . Ordinary revision procedure. Iniciation of the procedure :

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Decision-making process

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  1. Decision-makingprocess

  2. Revision of the Treaties • Ordinaryrevisionprocedure (Article 48 (1) TEU) • Special revisionprocedure (Article 48 (2) TEU)

  3. Ordinary revision procedure Iniciation of the procedure: • Proposal of amendmentissubmitted by the Government of any Member State, theEuropean Parliament or the Commission to the Council; • Proposalissubmited to the European Council by the Council and the national Parliaments arenotified.

  4. Ordinary revision procedure • If the European Council, after consulting the European Parliament and the Commission, adopts by a simple majority a decision in favour of examining the proposed amendments, the President of the European Council convenes a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. The European Central Bank isconsulted in the case of institutional changes in the monetary area. The Convention examines the proposals for amendments and adopts by consensus a recommendation to a conference of representatives of the governments of the Member States. • The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.

  5. Ordinary revision procedure • A conference of representatives of the governments of the Member States isconvened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaties. • The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

  6. Ordinary revision procedure • If, two years after the signature of a treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.

  7. Simplified revision procedures • The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union. • The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council acts by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements. • The decision mustnot increase the competences conferred on the Union in the Treaties.

  8. Simplified revision procedures • Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence. • Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure. • Any initiative taken by the European Council isnotified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision. • TheEuropean Council acts by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

  9. Legislativeprocedures

  10. Ordinarylegislativeprocedure • 1. COMMISSION PROPOSAL Only the Commissionmayputforwardlegislativeproposals ("right of initiative") (exceptwhereTreatyprovidesotherwise). . The legal basisadopted by theCommission will determinethelegislativeprocedure.

  11. Ordinarylegislativeprocedure 1. COMMISSION PROPOSAL Theproposalisforwardedsimultaneously to theEuropeanParliament and to theCouncil but alsotheall National Parliamentsand, whereapplicable, to theCommittee of the Regions and theEconomic and SocialCommittee.

  12. Ordinarylegislativeprocedure 1. COMMISSION PROPOSAL 1a Opinions of the national Parliaments If a draft legislativeact'scompliancewiththesubsidiarityprincipleiscontested by a third (a quarterintheArea of FreedomSecutrity and Justice) thevotesallocated to national Parliaments , theCommissionhas to reviewtheproposal and decide to maintain, amendorwithdrawtheact, alsomotivatingitsdecision („yelowcard”)

  13. Ordinarylegislativeprocedure 1. COMMISSION PROPOSAL 1a Opinions of nationalParliaments If a draft legislativeact'scompliance with the subsidiarityprincipleiscontestedby at least one third of all the votes allocated to the national Parliaments the Commissionhas to re-examine the proposal. • Commissionmay: • maintain – obligarotyopinion, • amend • orwithdrawthe proposal

  14. Ordinarylegislativeprocedure 1. COMMISSION PROPOSAL 1a Opinions of nationalParliaments If a draft legislativeact'scompliance with the subsidiarityprincipleiscontestedby at least one third of all the votes allocated to the national Parliaments the Commissionhas to re-examine the proposal. • Commissionmay: • maintain, • amend • orwithdraw the proposal Reasons must be given

  15. Ordinarylegislativeprocedure 1. COMMISSION PROPOSAL 1a Opinions of nationalParliaments • a reasonedopinion of the Commission and the reasonedopinions of the nationalParliamentsaretransmitted to the co-legislator, for consideration in the legislativeprocedure. • firstreading- the co-legislator considers the compatibility of the legislativeproposal with the principle of subsidiarity, takingparticularaccount of the reasonsexpressed and shared by the majority of nationalParliaments as well as the reasonedopinion of the Commission. • majorityof 55% of the members of the Councilor a majority of the votescast in the EuropeanParliament, the co-legislator is of the opinionthat the proposalis not compatible with the principle of subsidiarity, the legislativeproposalisabandone(orangecardd),

  16. Ordinarylegislativeprocedure • 1b Opinions of theCommittee of the Regions and theEconomic and SocialCommittee • TheEconomic and SocialCommittee and theCommittee of the Regions respectivelyconsist of “representatives of thevariouseconomic and socialcomponents of organisedcivilsociety …” and “representatives of regional and localbodies …”. 

  17. Ordinarylegislativeprocedure 2. EuropeanParliament (EP) First reading TheEuropeanParliamentdeliversat first reading a position. Thisposition, prepared by a rapporteur, isdiscussed and amendedwithintherelevantparliamentarycommittee, thendebatedinplenary session, whereitisadopted by a simplemajority.

  18. Ordinarylegislativeprocedure AmendedCommissionproposal Article 293(2) TFEUauthorisestheCommission to alteritslegislativeproposal, enablingit to incorporateEuropeanParliamentamendmentswhich, initsview, improvetheinitialproposal and/orarelikely to facilitate an agreement.

  19. Ordinarylegislativeprocedure   4. Council first reading TheCouncilmakesitspositionknownafterpreparatoryworkhastaken place withinworkingpartiesmadeup of expertsfromtheMemberStates and chaired by theMember State holding thesix-monthlyPresidency of theCouncil. TheCouncilfinalisesitsposition on thebasis of theCommission’sproposal, amendedwherenecessary, inthelight of theEuropeanParliament’s first reading and resultantamendments.

  20. Ordinarylegislativeprocedure   4. Council first reading possiblescenarios: • theCouncilacceptswithoutalterationtheCommission’sproposal, whichtheEuropeanParliamenthas not amended, and theactcan be adopted ; • theCouncilacceptsalltheEuropeanParliament’samendmentswhichtheCommissionhasincorporatedintoitsamendedproposal, and theactcan be adopted ; • inallothercases, theCounciladopts a commonposition.

  21. Ordinarylegislativeprocedure 5. TheCouncilapprovesallthe EP amendments IftheCouncilapprovestheCommission’sproposal as amended by theEuropeanParliament, theactisdeemed to havebeenadoptedinthewordingwhichcorresponds to theposition of theEuropeanParliament.

  22. Ordinarylegislativeprocedure 6. TheCouncilcanadopttheact as amended Thelegislativeactissubmitteddirectly for thesignature of thePresidents and Secretaries-General of theEuropeanParliament and of theCouncil, and ispublishedintheOfficialJournal Theprocedureisended.

  23. Ordinarylegislativeprocedure 7. The EP hasapprovedtheproposalwithoutamendment IftheEuropeanParliamenthas not adoptedanyamendments, and iftheCouncildoes not wish to altertheCommission’sproposaleither, itcanapprovetheact on thatbasis by a QMV. Theactisthenadoptedinthewordingwhichcorresponds to theposition of theEuropeanParliamentwhich, inthisparticularcase, isidenticalwiththewording of theCommissionproposal.

  24. Ordinarylegislativeprocedure 8. TheCouncilcanadopttheAct • Thelegislativeactissubmitteddirectly for thesignature of thePresidents and Secretaries-General of theEuropeanParliament and of theCouncil, and ispublishedintheOfficialJournal.

  25. Ordinarylegislativeprocedure 9. Councilcommonposition • WhentheCouncildoes not sharetheviewsexpressed by Parliament, itadopts a commonposition, whichisforwarded to theEuropeanParliamenttogetherwith a statement of reasons.  • WheretheEuropeanParliamenthasapprovedtheCommission’sproposalwithoutamendment, but theCouncilwishes to make changes to it, theCouncil will againadopt a commonposition.

  26. Ordinarylegislativeprocedure 10. Commissioncommunication on thecommonposition In thisdocument, whichisforwarded to theEuropeanParliamentin tandem withthecommonposition, theCommissionexplainswhyithasdecided to supportoropposethecommonposition. TheCommissionalsocomments on theCouncil’sreaction to the EP amendmentswhichithadsupportedinplenaryatthe first reading. OnlyiftheCommissionamendsitsproposalinlinewiththecommonposition, theCouncilcanact by qualifiedmajority.

  27. Ordinarylegislativeprocedure 10. Commissioncommunication on thecommonposition In thisdocument, whichisforwarded to theEuropeanParliamentin tandem withthecommonposition, theCommissionexplainswhyithasdecided to supportoropposethecommonposition. TheCommissionalsocomments on theCouncil’sreaction to the EP amendmentswhichithadsupportedinplenaryatthe first reading. OnlyiftheCommissionamendsitsproposalinlinewiththecommonposition, theCouncilcanact by qualifiedmajority.

  28. Ordinarylegislativeprocedure 11.  EP secondreading A three-month time limit islaid down by theTreaty (this period may be extended by a month) for theEuropeanParliament to take action on thebasis of theCouncilpositionat first reading. Theadoptionprocedureissimilar to thatat first reading but hassomedistinctdifferences. As a general rule, theamendmentsmust: • includeamendmentsadoptedat first reading and not accepted by theCouncil; or • be concernedwith a part of thecommonpositionwhichdid not appearin, or • be substantiallydifferentfrom, theCommission’sinitialproposal; orintroduce a compromisebetweenthepositions of theco-legislators.

  29. Ordinarylegislativeprocedure 12. EP approvesthecommonpositionordoes not take a decision IftheEuropeanParliamentendorsesthecommonposition as itstands, fails to adoptamendments as a result of not obtaining an absolutemajority of itsMembersordoes not take a decisionwithinthestipulated time limit, thePresident of Parliament will declarethatthecommonpositionisapproved and theactisadoptedinaccordancewiththecommonposition. Thisisalsothecasewhentriloguemeetingshavetaken place afterthe EP first reading and beforetheCounciladoptsitscommonposition. Such an agreementiscalled"negotiatedcommonposition"or "earlysecondreading".

  30. Ordinarylegislativeprocedure 13. Actdeemed to havebeenadopted Thelegislativeactissubmitteddirectly for thesignature of thePresidents and Secretaries–General of theEuropeanParliament and of theCouncil, and ispublishedintheOfficialJournal. Theprocedureisended. 14. EP rejectsthecommonposition Rejection of thecommonpositionrequiresthevotes of an absolutemajority of thecomponentMembers of theEuropeanParliament – Theactisdeemed not to havebeenadopted. Theprocedureisended.

  31. Ordinarylegislativeprocedure • 16. EP proposesamendments to thecommonposition • TheEuropeanParliamentmayproposeamendments to thecommonposition, by an absolutemajority of itscomponentMembers and thetextthusamendedisforwarded to theCouncil and theCommission.

  32. Ordinarylegislativeprocedure • 17. Commissionopinion on EP amendments • TheTreatyspecificallyrequirestheCommission to deliver an opinion on theEuropeanParliament’samendments. TheCommission’sposition on theEuropeanParliament’samendments will determinethetype of votenecessaryintheCouncil: iftheCommissionhasgiven a negativeopinion on atleast one amendment, theCouncil will have to actunanimously as regardsacceptance of theEuropeanParliament’spositionoverall

  33. Ordinarylegislativeprocedure • 18. Councilsecondreading • TheCouncilhas a period of threemonths (whichmay be extended by a furthermonth), followingreceipt of theEuropeanParliament’samendments, inwhich to approvethem by a qualifiedmajorityorunanimouslyiftheCommissionhasdelivered a negativeopinion.

  34. Ordinarylegislativeprocedure • 19. TheCouncilapprovestheamendedcommonposition • IftheCouncilagrees to acceptalltheamendments of theEuropeanParliament, theact will be deemed to havebeenadoptedinthe form of thecommonpositionthusamended (wordingcorresponds to the EP secondreading).

  35. Ordinarylegislativeprocedure • 20. Actadopted as amended • Thelegislativeactissubmitteddirectly for thesignature of thePresidents and Secretaries-General of theEuropeanParliament and of theCouncil, and ispublishedintheOfficialJournal. • Theprocedureisended.

  36. Ordinarylegislativeprocedure • 21. TheCouncildoes not approvetheamendments to thecommonposition • If, within a three-month period (may be extended by one month), theCouncildoes not approvealltheamendments of theEuropeanParliament, thePresident of theCouncil, inagreementwiththePresident of theEuropeanParliament, will convene a meeting of theConciliationCommitteewithinsixweeks(may be extended by twoweeks).

  37. Ordinarylegislativeprocedure • 21. TheCouncildoes not approvetheamendments to thecommonposition • If, within a three-month period (may be extended by one month), theCouncildoes not approvealltheamendments of theEuropeanParliament, thePresident of theCouncil, inagreementwiththePresident of theEuropeanParliament, will convene a meeting of theConciliationCommitteewithinsixweeks(may be extended by twoweeks).

  38. Ordinarylegislativeprocedure • 23. Theconciliationprocedure • TheConciliationCommitteebringstogethermembers of theCouncilortheirrepresentatives and an equalnumber of representatives of theEuropeanParliament, as well as theCommissionerresponsible. • Negotiationsfocus on alltheamendmentsadopted by theEuropeanParliamentatsecondreading on thebasis of theCouncil'scommonposition. TheTreatystipulates a time limit of sixweeks (whichmay be extended by twoweeks) for approving a joint text.

  39. Ordinarylegislativeprocedure • 24. TheConciliationCommitteeproduces a joint text • Oncethenegotiatorshavearrivedat a compromise, theConciliationCommitteemustgiveapprovalinthe form of a “joint text”. TheCouncil'sdelegationacts by a QMV(unanimityincasesstipulated by theTreaty) whiletheEuropeanParliament’sdelegationacts by a simplemajority of itscomponentmembers.

  40. Ordinarylegislativeprocedure • 25. Parliament and theCounciladopttheactinaccordancewiththe joint text • TheEuropeanParliament (by a majority of thevotescast; no amendmentmay be tabled) and theCouncil (by a qualifiedmajoritywithcertainexceptions) mustadopttheactwithinsix(oreight) weeks, inlinewiththe joint text.

  41. Ordinarylegislativeprocedure • 26. Actadopted • Thelegislativeactissubmitteddirectly for thesignature of thePresidents and Secretaries-General of theEuropeanParliament and of theCouncil, and ispublishedintheOfficialJournal. • Theprocedureisended.

  42. Ordinarylegislativeprocedure • 27. Parliament and theCouncil do not approvethe joint text • Shouldeither of theinstitutionsfail to giveapprovalwithinthestipulated time limit, theactisdeemed not to havebeenadopted and theprocedureisended.

  43. Seciallegislativeprocedures In the specific cases provided for by the Treaties, the adoption of a regulation, directive or decision by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, shall constitute a special legislative procedure. • Conssent • Consultation

  44. Seciallegislativeprocedures - consultation Under Article 289 of the TFEU, consultation is a special legislative procedure, whereby EuropeanParliamentis asked for its opinion on proposed legislation before the Council adopts it.

  45. Seciallegislativeprocedures - consent In certain legislative areas, the European Parliament is requested to give its consent, as a special legislative procedure under Article 289(2) of the TFEU (eg. non-discriminationArticle 19 TFEU) The consent procedure gives Parliament the right of veto- Parliament’s role is thus to approve or reject the legislative proposal without further amendments and the Council cannot overrule Parliament’s opinion. Consent is also required as a non-legislative procedure when the Council is adopting certain international agreements (eg. assiociate agreements).

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