Decision Making Flashcards
Qualified majority
When the Council of the EU votes on a proposal by the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, the proposal is adopted if a qualified majority is reached.
A qualified majority is reached if two conditions are simultaneously met:
55% of member states vote in favour - in practice this means 15 out of 27 the proposal is supported by member states representing at least 65% of the total EU population
This procedure is also known as the ‘double majority rule’.
Blocking minority
The blocking minority must include at least four Council members.
When the blocking minority threshold of four Council members is not reached the qualified majority is deemed attained.
For example, when all but three member states vote in favour, the qualified majority is also deemed attained, even if the 24 member states voting in favour account for less than 65% of the total population.
In other words, when there are less than four Council members voting against, the percentage of population which the member states voting in favour comprise is irrelevant for the definition of the qualified majority.
Reinforced qualified majority
When the Council votes on a proposal not coming from the Commission or the high representative, the proposal is adopted if the so-called ‘reinforced qualified majority’ is reached.
A reinforced qualified majority is reached if two conditions are simultaneously met:
at least 72% of member states vote in favour - in practice this means at least 20 out of 27 member states supporting the proposal represent at least 65% of the EU population
Simple majority
A simple majority is reached if at least 14 Council members vote in favour.
The Council takes decisions by simple majority:
in procedural matters, such as the adoption of its own rules of procedure and organisation of its secretariat general, the adoption of the rules governing the committees foreseen in the treaties to request the Commission to undertake studies or submit proposals
The Council of the European Union
The Council of the European Union (often referred to simply as ‘the Council’) is a key EU decision-maker. It brings together the ministers of the 27 EU countries.
The Council negotiates and adopts EU legislation and coordinates certain policies. It also:
adopts the EU budget concludes international agreements on behalf of the EU develops the EU's foreign and security policy
‘ordinary legislative procedure’, or ‘codecision’
Almost all law-making requires a proposal from the European Commission. Most Commission proposals require joint adoption by the Council and the European Parliament.
As a result, for each proposal there are several lines of negotiations:
ministers discuss their views with each other in the Council the Council negotiates with the Commission and the European Parliament when the Council and Parliament agree on a final text, it is adopted
For most law-making, the Council and the European Parliament are ‘co-legislators’ They are absolutely equal in the decision-making process. This is called the ‘ordinary legislative procedure’, or ‘codecision’.
Types of special procedures:
Consent: the European Parliament has the power to accept or reject a legislative proposal by an absolute majority vote, but cannot amend it
Consultation: the European Parliament may approve, reject or propose amendments to a legislative proposal
Legal base: Article 289(2) TFEU
Rules: The treaties do not give a precise description of special legislative procedures. The rules are therefore defined ad hoc, on the basis of the relevant treaty articles.
consent procedure (special procedure)
Under the consent procedure the Council can adopt legislative proposals after obtaining the consent of the European Parliament. The Parliament therefore has the power to accept or reject a legislative proposal by an absolute majority vote, but cannot amend it. The Council has no power to overrule the Parliament’s opinion.
As a legislative procedure, consent is used when new legislation on combating discrimination is being adopted and it also gives the Parliament a veto when the subsidiary general legal basis is applied in line with Article 352 of the Treaty on the Functioning of the EU.
The Parliament’s consent is also required as a non-legislative procedure, when:
the Council adopts certain international agreements negotiated by the EU in cases of a serious breach of fundamental rights (Article 7 of the Treaty on European Union) for the accession of new EU members arrangements for withdrawal from the EU
consultation procedure (special procedure)
Under the consultation procedure the Council adopts a legislative proposal after the Parliament has submitted its opinion on it.
In this procedure the Parliament may approve, reject or propose amendments to a legislative proposal. The Council is not legally obliged to take the Parliament’s opinion into account, but according to the case-law of the Court of Justice, it must not take a decision without having received it.
The procedure is applicable in several areas, such as internal market exemptions and competition law.
The Parliament’s consultation is also required as a non-legislative procedure when international agreements are adopted under common foreign and security policy.
What is Coreper?
‘Committee of the Permanent Representatives of the Governments of the Member States to the European Union’. article 240(1) TFEU
Coreper is the Council’s main preparatory body. All items to be included into the Council’s agenda (except for some agricultural matters) must first be examined by Coreper, unless the Council decides otherwise.
- not an EU decision-making body, any agreement it reaches can be called into question by the Council
- council alone has the power to make decisions
Main tasks
- coordinates and prepares the work of the different Council configurations
- ensures consistency of the EU’s policies works out agreements and compromises which are then submitted for adoption by the Council
Composition and configurations
- composed of ‘permanent representatives’ from MS/ their country’s ambassadors to the EU/ express the position of their government
The two configurations of Coreper (Coreper I and II) meet every week, talk to each other almost every day
COREPER I are the deputy ambassadors/ PERMREPs
Conciliation Committee
The Conciliation Committee, composed of an equal number of MEPs and Council representatives, tries to reach agreement on a joint text (if two reeadings brought no agreement). If unsuccessful, the legislative act will not enter into force and the procedure is ended. If a joint text is agreed, it is forwarded to the European Parliament and Council for a third reading.
