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: • • Proposal of amendment is submitted by the Government of any Member State, the European Parliament or the Commission to the Council; Proposal is submited to the European Council by the Council and the national Parliaments are notified.

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 is consulted 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.

Ordinary revision procedure

• A conference of representatives of the governments of the Member States is convened by the President of the Council for the purpose of

Treaties

.

determining by common accord the amendments to be made to the

• The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

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.

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 must not increase the competences conferred on the Union in the Treaties.

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 is notified 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.

• The European Council acts by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

Legislative procedures

Ordinary legislative procedure

• 1. COMMISSION PROPOSAL Only the Commission may put forward legislative proposals ( "right of initiative" ) (except where Treaty provides otherwise). . The legal basis adopted by the Commission will determine the legislative procedure .

Ordinary legislative procedure

1. COMMISSION PROPOSAL

The proposal is

Parliaments forwarded simultaneously to the European Parliament and to the Council but also the all National

and, where applicable, to the Committee of the Regions and the Economic and Social Committee.

Ordinary legislative procedure

1. COMMISSION PROPOSAL 1a Opinions of the national Parliaments

If a draft legislative act's compliance with the subsidiarity principle is contested by a third (a quarter in the Area of Freedom Secutrity and Justice) the votes allocated to national Parliaments , the Commission has to review the proposal and decide to maintain, amend or withdraw the act, also motivating its decision („yelow card”)

Ordinary legislative procedure

1. COMMISSION PROPOSAL 1a Opinions of national Parliaments

If a draft legislative act's compliance with the subsidiarity principle is contested

by at least one third of all the votes allocated to the national Parliaments

the Commission has to re-examine the proposal. • Commission may: ▫ maintain – obligaroty opinion, ▫ amend ▫ or withdraw the proposal

Ordinary legislative procedure

1. COMMISSION PROPOSAL 1a Opinions of national Parliaments

If a draft legislative act's compliance with the subsidiarity principle is contested

by at least one third of all the votes allocated to the national Parliaments

the Commission has to re-examine the proposal. • Commission may: ▫ maintain, ▫ amend ▫ or withdraw the proposal Reasons must be given

Ordinary legislative procedure

1. COMMISSION PROPOSAL 1a Opinions of national Parliaments

• • • a reasoned opinion of the Commission and the reasoned opinions of the national Parliaments are transmitted to the co-legislator, for consideration in the legislative procedure. first reading - the co-legislator considers the compatibility of the legislative proposal with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission.

majority of 55% of the members of the Council or a majority of the votes cast in the European Parliament, the co-legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal is abandone (orange cardd),

Ordinary legislative procedure

• •

1b Opinions of the Committee of the Regions and the Economic and Social Committee

The Economic and Social Committee and the Committee of the Regions respectively consist of “representatives of the various economic and social components of organised civil society …” and “representatives of regional and local bodies …”.

Ordinary legislative procedure

2. European Parliament (EP) First reading

The European Parliament delivers at first reading a position. This position, prepared by a rapporteur , is discussed and amended within the relevant parliamentary committee, then debated in plenary session, where it is adopted by a simple majority .

Ordinary legislative procedure

Amended Commission proposal Article 293(2) TFEU authorises the Commission to alter its legislative proposal, enabling it to incorporate European Parliament amendments which, in its view, improve the initial proposal and/or are likely to facilitate an agreement.

Ordinary legislative procedure

4. Council first reading

The Council makes its position known after preparatory work has taken place within working parties made up of experts from the Member States and chaired by the Member State holding the six monthly Presidency of the Council. The Council finalises its position on the basis of the Commission’s proposal, amended where necessary, in the light of the European Parliament’s first reading and resultant amendments.

Ordinary legislative procedure

•

4. Council first reading

possible scenarios: the Council accepts without alteration the Commission’s proposal, which the European Parliament has not amended, and the act can be adopted ; • • the Council accepts all the European Parliament’s amendments which the Commission has incorporated into its amended proposal, and the act can be adopted ; in all other cases, the Council adopts a common position.

Ordinary legislative procedure

5. The Council approves all the EP amendments

If the Council approves the Commission’s proposal as amended by the European Parliament, the act is deemed to have been adopted in the wording which corresponds to the position of the European Parliament.

Ordinary legislative procedure

6. The Council can adopt the act as amended

The legislative act is submitted directly for the signature of the Presidents and Secretaries General of the European Parliament and of the Council, and is published in the Official Journal The procedure is ended.

Ordinary legislative procedure

7. The EP has approved the proposal without amendment

If the European Parliament has not adopted any amendments, and if the Council does not wish to alter the Commission’s proposal either, it can approve the act on that basis by a QMV. The act is then adopted in the wording which corresponds to the position of the European Parliament which, in this particular case, is identical with the wording of the Commission proposal.

Ordinary legislative procedure

8. The Council can adopt the Act

• The legislative act is submitted directly for the signature of the Presidents and Secretaries General of the European Parliament and of the Council, and is published in the Official Journal.

Ordinary legislative procedure

9. Council common position

• When the Council does not share the views expressed by Parliament, it adopts a common position, which is forwarded to the European Parliament together with a statement of reasons.

• Where the European Parliament has approved the Commission’s proposal without amendment, but the Council wishes to make changes to it, the Council will again adopt a common position.

Ordinary legislative procedure

10. Commission communication on the common position

In this document, which is forwarded to the European Parliament in tandem with the common position, the Commission explains why it has decided to support or oppose the common position. The Commission also comments on the Council’s reaction to the EP amendments which it had supported in plenary at the first reading. Only if the Commission amends its proposal in line with the common position, the Council can act by qualified majority.

Ordinary legislative procedure

10. Commission communication on the common position

In this document, which is forwarded to the European Parliament in tandem with the common position, the Commission explains why it has decided to support or oppose the common position. The Commission also comments on the Council’s reaction to the EP amendments which it had supported in plenary at the first reading. Only if the Commission amends its proposal in line with the common position, the Council can act by qualified majority.

Ordinary legislative procedure

11. EP second reading

A three-month time limit is laid down by the Treaty (this period may be extended by a month) for the European Parliament to take action on the basis of the Council position at first reading. The adoption procedure is similar to that at first reading but has some distinct differences. As a general rule, the amendments must: ▫ include amendments adopted at first reading and not accepted by the Council; or ▫ be concerned with a part of the common position which did not appear in, or ▫ be substantially different from, the Commission’s initial proposal; or introduce a compromise between the positions of the co legislators.

Ordinary legislative procedure

12. EP approves the common position or does not take a decision

If the European Parliament endorses the common position as it stands, fails to adopt amendments as a result of not obtaining an absolute majority of its Members or does not take a decision within the stipulated time limit, the President of Parliament will declare that the common position is approved and the act is adopted in accordance with the common position. This is also the case when trilogue meetings have taken place after the EP first reading and before the Council adopts its common position. Such an agreement is called "negotiated common position" or "early second reading".

Ordinary legislative procedure

13. Act deemed to have been adopted

The legislative act is submitted directly for the signature of the Presidents and Secretaries–General of the European Parliament and of the Council, and is published in the Official Journal. The procedure is ended.

14. EP rejects the common position

Rejection of the common position requires the votes of an absolute majority of the component Members of the European Parliament – The act is deemed not to have been adopted. The procedure is ended.

Ordinary legislative procedure

• •

16. EP proposes amendments to the common position

The European Parliament may propose amendments to the common position, by an absolute majority of its component Members and the text thus amended is forwarded to the Council and the Commission.

Ordinary legislative procedure

• •

17. Commission opinion on EP amendments

The Treaty specifically requires the Commission to deliver an opinion on the European Parliament’s amendments. The Commission’s position on the European Parliament’s amendments will determine the type of vote necessary in the Council: if the Commission has given a negative opinion on at least one amendment, the Council will have to act unanimously as regards acceptance of the European Parliament’s position overall

Ordinary legislative procedure

• •

18. Council second reading

The Council has a period of three months (which may be extended by a further month), following receipt of the European Parliament’s amendments, in which to approve them by a qualified majority or unanimously if the Commission has delivered a negative opinion.

Ordinary legislative procedure

• •

19. The Council approves the amended common position

If the Council agrees to accept all the amendments of the European Parliament, the act will be deemed to have been adopted in the form of the common position thus amended (wording corresponds to the EP second reading).

Ordinary legislative procedure

• • •

20. Act adopted as amended

The legislative act is submitted directly for the signature of the Presidents and Secretaries General of the European Parliament and of the Council, and is published in the Official Journal. The procedure is ended.

Ordinary legislative procedure

• •

21. The Council does not approve the amendments to the common position

If, within a three-month period (may be extended by one month), the Council does not approve all the amendments of the European Parliament, the President of the Council, in agreement with the President of the European Parliament, will convene a meeting of the Conciliation Committee within six weeks (may be extended by two weeks).

Ordinary legislative procedure

• •

21. The Council does not approve the amendments to the common position

If, within a three-month period (may be extended by one month), the Council does not approve all the amendments of the European Parliament, the President of the Council, in agreement with the President of the European Parliament, will convene a meeting of the Conciliation Committee within six weeks (may be extended by two weeks).

Ordinary legislative procedure

• • •

23. The conciliation procedure

The Conciliation Committee brings together members of the Council or their representatives and an equal number of representatives of the European Parliament, as well as the Commissioner responsible. Negotiations focus on all the amendments adopted by the European Parliament at second reading on the basis of the Council's common position. The Treaty stipulates a time limit of six weeks (which may be extended by two weeks) for approving a joint text.

Ordinary legislative procedure

• •

24. The Conciliation Committee produces a joint text

Once the negotiators have arrived at a compromise, the Conciliation Committee must give approval in the form of a “joint text”. The Council's delegation acts by a QMV(unanimity in cases stipulated by the Treaty) while the European Parliament’s delegation acts by a simple majority of its component members.

Ordinary legislative procedure

• •

25. Parliament and the Council adopt the act in accordance with the joint text

The European Parliament (by a majority of the votes cast; no amendment may be tabled) and the Council (by a qualified majority with certain exceptions) must adopt the act within six (or eight) weeks, in line with the joint text.

Ordinary legislative procedure

• • •

26. Act adopted

The legislative act is submitted directly for the signature of the Presidents and Secretaries General of the European Parliament and of the Council, and is published in the Official Journal. The procedure is ended.

Ordinary legislative procedure

• •

27. Parliament and the Council do not approve the joint text

Should either of the institutions fail to give approval within the stipulated time limit, the act is deemed not to have been adopted and the procedure is ended.

Secial legislative procedures

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

Secial legislative procedures consultation

Under Article 289 of the TFEU, consultation is a special legislative procedure, whereby

European Parliament is asked for its

opinion on proposed legislation before the Council adopts it.

Secial legislative procedures - 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-discrimination Article 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).