Legislative Procedure

Question 1

Who has right of legislative initiative? (1) plus article

Answer 1

Art17(1) TEU

Commission has right of legislative initiative - they propose new legislation

Question 2

Who can request commission to submit proposals (2) plus articles

Answer 2

Council Art 241 TFEU

Parliament Art 255 TFEU

Question 3

European citizens initiative (3) plus article

Answer 3

Art 11(4) TEU
A petition with at least 1m signatures
Representing at least 7 MS
Can invite Commission to submit proposal

Question 4

Councils can only amend proposals from Commission by acting… (2) plus article

Answer 4

Art 293(1) TFEU
Unanimously
Except where method is qualified majority

Question 5

Art 293(1) Council can only amend when acting unanimously only applies to…(3)

Answer 5

Amendments
Council can accept proposals using qualified majority
But must be unanimous to amend/ reject

Question 6

Difficulty meeting unanimity mitigated by…(1) plus article

Answer 6

Art 293(2) TFEU 
Commission can voluntarily amend before conclusion of councils first reading stage

Question 7

Council qualified majority

Since Nov 2014, follow which rule? (3)

Answer 7

Double majority rule
55% MS voting in favour (at least 16/28)
Proposal is supported by MS representing 65% of EU population

Question 8

Ordinary legislative procedure (5) plus article

Answer 8

Art 294 TFEU 
Proposal 
First read
Second read
Conciliation 
Third read

Question 9

Legislative proposal considered by? (2)

Answer 9

Parliament and council

Question 10

How can votes be blocked? (2)

Answer 10

By a blocking minority

Must include at least 4 council members representing more than 35% of EU population

Question 11

If ordinary legislation not satisfied which article sets out treaties can require special legislative procedure?

Answer 11

Art 289(2) TFEU

Question 12

Requirements for special legislation procedure (2)

Answer 12

Will vary by Treaty provision

Most common: consultation procedure

Question 13

Consultation procedure (3) plus 2 cases

Answer 13

Act is passed by council after consulting parliament
Council must wait for parliament to respond - roquette Freres (1980)
Parliament should be reconsulted if there’s any important changes to the measure - European Parliament v council (1994)

Question 14

Council must wait for parliament to respond case

Answer 14

Roquette Freres (1980)

Question 15

Parliament should be reconsulted if there’s any important changes to the measure case

Answer 15

European Parliament v council (1994)

Question 16

Principles of law making (3) plus article

Answer 16

Art 5(1) TEU
Limits of EU competence governed by principle of conferral
Use of EU competence governed by principles of subsidiarity and proportionality