Decision-Making

Question 1

Possible outcomes of decision-making procedures and sources of powers

Answer 1

• legislative act, budget
• international agreement
• appointment (EC President, Commission, …)

… coming from TEU and TFEU

Question 2

Ordinary legislative procedure (OLP)

Answer 2

Joint adoption by EP and Council of the EC’s proposal

• > consensus of three institutions needed
• > if no agreement, no (legislative) outcome

Question 3

Special legislative procedure (SLP)

Answer 3

For specific cases (-> Treaties), special approvals need to be fulfilled and procedures followed.
-> EP OR Council adopt

• > e.g. EP: consent or consultation
• > e.g. Council: unanimity, qualified (simple) majority
• > e.g. Commission: the way it is involved

-> e.g. for trade agreements

Question 4

EC powers during decision-making process

Answer 4

If Council has not yet acted, EC can alter or even withdraw the proposal.

Question 5

Statistics on decision-making procedures

Answer 5

The share of co-decisions has drastically increased every Commission term (now almost 90%).
Consultation decreased to 11%, cooperation procedures are extinct.

Question 6

Steps of OLP

Answer 6

…. 8 weeks pass from EC proposal until first reading to see if MS veto (e.g. subsidiarity)

1. First reading of EP (no deadline until adoption) -> adoption of position -> info for Council
2. First reading of Council (no deadline until adoption): rapporteur reviews it first -> either approval or amendments proposed (“third column”)
3. Second reading of EP -> adoption, rejection (-> no act) or amendment proposal of the Council proposal (within 3 months)
4. Second reading of Council: approval; OR amendments to be discussed in Conciliation Committee
   (5. Conciliation Committee)
   (6. Third Reading of EP and Council: adoption or final rejection)

Question 7

Four column document

Answer 7

Amendments by EP and Council are often added in 4-column document (4th column = compromises of all parties)

Question 8

Conciliation Committee

Answer 8

• composition of EP and Council members
• EC also sits meetings
• if no agreement within 6 weeks, no act is adopted

Question 9

Formalities at the end of OLP

Answer 9

• signing of the legislative act by President of EP and President of the Council
• publishing of acts in Official Journal of the European Union

Question 10

Statistics of OLPs

Answer 10

Every Commission term the share of legislation adopted in first reading increased, now to 85% of all legislation.

Question 11

OLP Trilogue

Answer 11

Refers to the informal discussions during the first reading, comparable to the Conciliation Committee procedure, this time at the start of the talks

• > 4 column document used
• > often “General Approach” is adopted by Council to show EP what they think about proposal (before EP adoption)
• > Trilogues not in Treaty
• > if consensus reached (green in 4-column doc): no lobbying possible anymore

Question 12

Participants in the Trilogue

Answer 12

• EP: EP Committee Chair, rapporteur, shadow rapporteurs, (coordinator, civil servants)
• Council: PemRep/ senior civil servant, staff from SG, chair of working group
• Commission: Head of Unit/Director, sometimes DG or Commissioner

Question 13

(Specialities for SLPs)

Answer 13

(After consent in the Council:

EP consultation needed for e.g. association agreements, important budgetary implications)