Transcript gg - МГИМО-Университет МИД России

Decision-making
process in the EC
@ Nikolay Kaveshnikov,
Moscow State Institute of International
Relations (University)
European Council
political guidelines
European Commission
European Parliament
decision-making
Council of Ministers
Secondary legislation may be
adopted by…
Council of ministers
• proposal from the Commission (sometimes without)
• mostly decisions
Commission
• within its powers
• delegated legislation
• mostly decisions
European parliament acting jointly
with the Council
• proposal from the Commission
• different procedures
• practically all regulations and directives
The European Commission
Sole right of legislative initiative
• only Commission
• may amend the proposal
• may remove the proposal
De jure – simple majority
The European Parliament
Various types of involvement
Amendments by simple majority (usually)
Rejection by absolute majority
Members of the European Parliament
(Nice Treaty)
Germany
France
Italy
UK
Spain
Poland
Netherlands
Belgium
Greece
Portugal
Czech Rep.
Hungary
Sweden
Austria
Denmark
Finland
99
72
72
72
50
50
25
22
22
22
20
20
18
17
13
13
Slovakia
Ireland
Lithuania
Latvia
Slovenia
Estonia
Luxembourg
Cyprus
Malta
13
12
12
8
7
6
6
6
5
TOTAL (25) 682
Romania
Bulgaria
33
17
TOTAL (27) 732
The Council of Ministers
Simple majority
- procedural issues
Unanimity
- industry, taxation, R&D programmes,
regional and social funds…
Qualified majority voting (QMV)
- agriculture, fisheries, the internal market,
environment, transport...
The Council of Ministers: QMV
(before Nice Treaty)
Germany
France
UK
Italy
Spain
Netherlands
Greece
Belgium
Portugal
Sweden
Austria
Denmark
Finland
Ireland
Luxembourg
votes
10
10
10
10
8
5
5
5
5
4
4
3
3
3
2
population, mln.
82,5
59,6
59,1
57,1
40,7
16,2
11,0
10,4
10,4
8,9
8,1
5,4
5,2
4,0
0,4
persons per 1 vote
8,3
6,0
5,9
5,7
5,1
3,2
2,2
2,1
2,1
2,2
2,2
1,8
1,7
1,3
0,2
Total = 87
QM = 62
The Council of Ministers: QMV
(before and under Nice Treaty)
 Before NT: double majority
• Majority of MS
• QMV: 62/87 votes = 71%
- blocking minority of 26 = 2 big MSs
+
2 small/medium MSs
 Under NT: triple majority + redistribution of
votes
• Majority of MS
• QMV: 258/345 votes = 74%
• 62% of EU population
protect big MSs
The Council of Ministers: QMV
(under Nice Treaty)
Germany
France
Italy
UK
Spain
Poland
Netherlands
Belgium
Greece
Portugal
Czech Rep.
Hungary
Sweden
Austria
Denmark
Finland
29
29
29
29
27
27
13
12
12
12
12
12
10
10
7
7
Slovakia
Ireland
Lithuania
Latvia
Slovenia
Estonia
Luxembourg
Cyprus
Malta
TOTAL (25)
Romania
Bulgaria
TOTAL (27)
7
7
7
4
4
4
4
4
3
321; QM = 232 (72%)
14
10
345; QM = 258 (74%)
The Council of Ministers: QMV
(under Nice Treaty and under Constitutional Treaty)
• Under NT: triple majority
• a majority of MSs
• QMV: 258/345 votes = 74%
• 62% of EU population
- blocking minority of 38% = Germany + 2 big MSs
• Under CT: double majority + repealing of votes
protect
• majority of MSs – 55%
big MSs
• 65% of EU population
- blocking minority of 35% = 3 big MSs
• blocking minority – at least 4 MSs
protect small/medium MSs
Decision-making procedures
Basic (COM + CM)
Consultation (COM + EP+ CM)
Co-operation (COM + EP+ CM)
Co-decision (COM + EP+ CM)
Assent (COM + EP+ CM)
Basic legislative procedure
COM
DGs
proposal
If CM acts by QMV
•CM adopts proposal by QMV
•CM amends proposal by unanimity
CM
COREPER
legislative
act
(regulation,
directive,
decision)
Consultation procedure
COM
EP
proposal
opinion
(amendments)
•(amended) proposal
•opinion (on EP’ amendments)
COM
CM
Legislative act
If COM supports some
EP’ amendments
•CM adopts these amendments
by QMV
•CM rejects these amendments
by unanimity
Consultation procedure
 CM can ignore EP’ amendments
 If COM supports EP’ amendments, it is easier for
CM not to change them
 Areas
–
–
–
–
–
–
–
–
JHA cooperation
Measures on preventing discriminations
EU citizenship
Agriculture
Police cooperation
Competition
Taxes
Economic policy
Co-operation procedure
COM
( EP
COM
2
CM )
 introduced by SEA, 1985
 two readings
 EP can amend the proposal
 EP can reject the proposal at the second reading
by absolute majority
 CM can overrun EP’ veto
 EMU issues
Co-operation procedure
COM
EP
proposal
opinion
(amendments)
•(amended) proposal
•opinion (on EP’ amendments)
COM
st
1
reading
CM
common
position
Co-operation procedure
COM
common
position
EP
COM
nd
2
reading
CM
no
leg. act
opinion
(amendments)
•(amended) proposal
•opinion (on EP’ amendments)
CM
Co-decision procedure
COM
(EP
COM
CM )
2
Conciliation
committee
 introduced by Maastricht Treaty, 1992
 two readings + conciliation mechanism
EP can reject the proposal after the conciliation
mechanism
 CM can not overrun EP’ veto
Co-decision procedure
COM
EP
proposal
opinion
(amendments)
•(amended) proposal
•opinion (on EP’ amendments)
COM
st
1
reading
CM
common
position
Co-decision procedure
nd
2
reading
adopts EP’ amendments legislative act
yes
COM
EP
COM
CM
no
common
position
opinion
(amendments)
opinion (on EP’ amendments)
Conciliation
committee
Co-decision procedure
rd
Conciliation committee (3 reading)
no
EP
Conciliation
committee
final text
yes
legislative act
CM
yes
no
Co-decision procedure
 Areas
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
Free movement of workers
non-discrimination on the basis of nationality
Right to move and reside
Transport
Internal market
Employment
Custom cooperation
Education
Vocational training
Culture
Health
Consumer protection
TENs
Research
Environment
Anti-fraud measures…
Assent procedure
COM
EP
proposal
yes
no
EP can not amend the proposal
‘double key’ principle
 Few most important issues
– accession treaties
– association treaties
CM
legislative act
Basic tendencies of evolution
More QMV in the Council
More powers fro the EP
More activities of NGOs
More unofficial consultations with national
parliaments