L4: Decision Making Procedures

Question 1

Commission Right of Initiative

Answer 1

Art.17 TEU) (Arts.244-250 TFEU)
The commision has the exclusive right of initiative (Green paper, White paper).
Green paper= document with details of specific issues.
White paper= can results into an actual legislation.

Question 2

The citizens’ initiative

Answer 2

(Art.11 TEU) (Art.24 TFEU)

supported by at least 1 million citizens from 7 MS and has to be registered at the Commission after which a 1 year period is given to collect the required signatures. When the signatures are collected the Commission organises a meeting with the initiators and the EP will organise a public hearing. However, Commission is not obliged to initiate legislation on basis of citizen’s initiative.

Question 3

what are the consent procedure?

Answer 3

The Council to obtain the Eps consent before certain important decisions are taken.
Parliament may accept or reject a proposal but cannot amend it
Examples: Enlargement Art 49 TFEU, ECB

Question 4

Ordinary legislative procedures and article?

Answer 4

Art.289 TFEU
This procedure is defined in Art.294 TFEU’’
The Commission send the proposal and the Council and the EP are equals. The procedure is divided into 4 stages: first reading, second reading, conciliation, third reading. Proposal can only be rejected at the end of the second reading or after the conclusion of the conciliation stage and the Commission can withdraw the proposal at any given time.

Question 5

Special Legislative Procedure

Answer 5

(Art.289 TFEU)
There is a Consent Procedure in which the Council obtains EP’s consent before certain decisions are taken. The EP may accept or reject it but cannot amend it. Examples: Enlargement

Question 6

what is intergovermentalism?

Answer 6

national governments maintain the power to take decisions rather than transferring sovereignty to the EU

Question 7

what is supranationalism?

Answer 7

power to take decisions is concentrated above the level of the MS, power is therefore transferred to EU institutions

Question 8

what is the consolation procedure?

Answer 8

Council must consult the EP before voting on the Commission proposal and take its views into account.
The parliament can accept, reject, or amend and the council don’t have to listen to their opinions.

Art 252, TFEU, Art 332 TFEU, non-mandatory instruments, especially recommendation and opinions.