P4; CH6: Law-making Procedure

Question 1

What are the main procedures of EU Law set by the Treaties?

Answer 1

• Ordinary legislative procedure
  (80% of the cases, both EP and Council)
• Special Legislative procedure
  (only one: Council but EP is consulted)

Question 2

What’s the EMERGENCY BRAKE?

Answer 2

The Emergency Break is a mechanism used in the Council (where QM is needed).
One MS may activate it when:
- protection of national interests is at stake
- criminal law of the nation would be affected fundamentally
- the proposal affects national budgets

Question 3

What’s the WITHDRAWAL OF COMMISSION’S PROPOSAL?

Answer 3

Often happens due to pressure by National Parliaments

Question 4

What principles should govern the law making process?

Answer 4

Principles of PUBLICITY (public meetings and public access to documents) and TRANSPARECY

Question 5

Who has the power to propose a legislation?

Answer 5

The Commission.

One million citizens, the EP and the Council can solecite it to make a proposal but can’t oblige it (however, in case of refusal has to state the reasons).

Question 6

Can a Commission’s proposal be modified or withdrawed?

Answer 6

Yes, it can be modified by both the Commission and the Council (unanimously).
However it’s very unlikely since it’s rare that the Commission is without allies in the Council.

It can also be withdrawn but only if the Council didn’t deliberate yet.

Question 7

Ordinary legislative procedure

Answer 7

[Art. 294 TFEU]
At most 3 Successive readings by Parliament & Council on equal footing

0) Commission proposes the legislation by submitting it to Council and EP
1) FIRST READING
* no time limits
* if not amended, it’s approved
* if amended and not approved:
2) SECOND READING
* time limit: 3 months
* subject switches from proposal to council’s position
* if amended and not approved:
3) THIRD READING
* time limit: 6 weeks
* creation of the Conciliation committee
* if voted by Council (QM) and EP (SM), it’s approved

Question 8

What are the Trialogues?

Answer 8

Informal dialogues between EP, COUNCIL and COMMISSION to make slightly changes and have informal negotiations without going through the long procedure

Question 9

What’s the Conciliation Committee?

Answer 9

Is the committee composed of equal members of the Council and the EP that has to reconciliate the two institutions by reaching QM of the Council and Simple Majority of the EP

Question 10

Special legislative procedure

Answer 10

[Art. 289 TFEU]
It’s applied in specific cases laid down by Treaties:
- Security or Social protection of citizens
- Active and passive electorate
- Approximation of law
- Harmonization of direct taxation

Acts are adopted by the EP, the Council has to make decisions by unanimity and consult the EP, especially in matters of Combat discrimination, Citizens’ rights, Uniformation of electoral system..