Decisionmaking procedures and the role of the Council and the European Parliament

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Decision-making procedures and the role of the
Council and the European Parliament

• Seminar

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• Main decision-making procedures
• Codecision
• Council voting in QM
• Council voting in unanimity
• Cooperation
• Consultation
• Assent
• Decision-making without EP
• Commission acting alone (e.g. art. 86(3))
• Council alone (art. 26, 45)

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Codecision(article 251 of the EC Treaty)

• Legislative initiative European Commission
• (but article 208 and 192 of the EC Treaty)
• How a legislative proposal raises?
• Preconsultation procedure green papers,
  communications, white papers
• Adoption of the legislative proposal. Legal
  basis and type of act (regulation or directive)
• The proposal is transmitted to Parliament and
  Council

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First reading (I) The procedure in Parliament

• the President of Parliament referres the proposal
  to one of the committees
• Preparatory works in parliamentary committee
  (Brussels)
• Role of the rapporteur
• Discusion on the amendments to the Commission
  proposals
• Adoption of the report

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• Plenary session, Strasbourg
• Amendments to the proposal
• Debate. Role of the Commission
• Vote (majority)

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First reading (II) the procedure in Council

• Proposal examined by
• Working group.
• Role of the Commission.
• Dialogue with the Parliament parallel
  examination with the relevant parliamentary
  committee
• COREPER (decision whether A or B agenda)
• Council
• Voting in Council adoption of the act (when
  Council agrees with the amendements of the EP)
• or common position (when disagrees)

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Consultation with

• European Economic and Social Committee
• Committee of Regions
• When the Treaty requires
• When any of the institutions decides so
• When committees decide to give its opinion

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Second reading(I) the procedure in Parliament

• Deadline 3 months (one more possible)
• Common position referred to the committee
• Committee
• Recommendation for second reading
• Plenary
• Voting by qualified majority
• Approval, rejection or amendments to the common
  position.

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Second reading (II) The procedure in Council

• Deadline 3 months
• Examination by the Working group
• Examination by the COREPER
• Decision by the Council
• Unanimity required if the Commission has a
  negative opinion on EP amendments
• All EP amendments accepted adoption of the act
  by the Council
• Not all amendments accepted Convening of the
  Conciliation Committee

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Conciliation Committee

• Convened in 62 weeks by President of Parliament
  and President of Council
• Preparatory phase
• Informal dialogue. Technical meetings
  Delegations
• Representatives of Members States(15), Chaired by
  the President of the Council in office
• 15 Representatives of EP (political parties).
  Chaired by 1 of the 3 Vicepresidents of EP
  permanent Member of the EP delegation.
• Chairmanship Jointly President of the Council,
  President of the EP
• Preparatory meetings of the delegations
• EP delegation mandate to the negotiation team
  and position on Council amendments
• Council delegation COREPER established in
  advance Councils negotiating position and
  Presidencys mandate.

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Conciliation Procedure

• Official meeting of the Conciliation committee.
• Meetings of the delegations
• Official trialogue
• Delegations to the trialogue
• Parliament Chairman of the delegation, Chairman
  of the committee, rapporteur, shadow rapporteurs
• Council Chairman of COREPER (sometimes following
  Presidency of the Council)
• Unbalanced representation EP at political level
  Council at technical level
• The Commission takes part in the Conciliation
  Committees proceedings.
• Task to reconciling the positions of the
  European Parliament and the Council.
• Representation
• a) Formal meetings Commissioner responsible
• b) Informal meetings senior officials

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To the Joint text

• Basic text for Conciliation
• Common position on the basis of the amendments
  proposed by the European Parliament
• Compromises proposed by European Parliament,
  Council and Commission
• No agreement act not adopted
• Agreement Joint text. Adoption
• Decision on the final text
• Council delegation by Qualified Majority.
• EP delegation by majority of the Members of the
  delegation

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Third reading vote on the joint text

• Council Decision by qualified majority
• Parliament
• Report to the Parliament by the Chairman of
  delegation
• Decision majority of the vote cast
• Act is adopted, is signed by President of Council
  and Parliament and published on the OJ of the EU
• Joint text is not adopted by Council or
  Parliament. Act is not adopted. New procedure can
  be put in place

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Main fields covered by the codecision (e.g)

• Internal Market (free movement of
  goods-harmonization, free movement of workers,
  freedom of establishment)
• Gender equality (art. 141 of the EC Treaty)
• Consumer protection
• Public health (certain issues)
• Transport
• Research
• Cohesion
• Asylum, temporary protection of refugees, visas
  policy
• Development aid

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Cooperation(art. 252 of the EC Treaty)

• Differences with the codecision procedure
• In the second reading the text can be adopted by
  unanimity by the Council, even if the European
  Parliament has rejected (by absolute majority)
• There is no conciliation procedure
• Used mainly in the Economic and Monetary Union

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Consultation

• Council takes decision, but has to consult the
  European Parliament (its opinion is not binding)
• When?
• Reinforcing citzenship rights
• Harmonosation of indirect taxation
• Combating all forms of discrimination
• Originally, in the Rome Treaty it was the most
  important procedure

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Assent

• The decision can not be taken without approbation
  of the European parliament. European Parliament
  can not amend proposal but adopt of reject
  without amendments.
• Enlargement
• Amendments to the Statue of the European system
  of Central Banks
• Central measures relating to economic and social
  cohesion

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Summary

• There is no single legislative body (all
  institutions are involved, but the final
  decisions are taken by Council and EP)
• The role of European institutions vary in the
  different procedures
• All subsequent treaty modifications have
  increased role of the EP

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Questions

• Who is the major actor in the decision making
  process? Which institution could be compared to
  the national Parliaments?
• Do you think that an individual has an influence
  on the decision taken on the European level?

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Case I

• Governmental experts in the Member State are
  convniced that there is an urgent need to adopt
  EC Directive regarding the consumer protection
  in the Internet. Member State government agrees.
•  
• What the Member State can do?

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Case II

• Member State has to amend its Labor code to
  implement EC Directive on protection of employees
  concerning working time.
• The association of the employees of public
  health sector considers this law absolutely
  unrealistic and even harmful. They are convinced
  that the former regulation was better and they
  ask their government to change the laws. The
  government responds that there is an obligation
  to implement directive.
• What can they do?