Procedures Flashcards
Adoption of annual Commission WP. Describe steps.
Mid-September: SOTEU - priorities next year; EC PRES & VP (Interinstitutional) send letter of Intent to EP & Council Presidency –> kick-starts dialogue
September/Oct:
- EC PRES meets EP’s Conference of PRESIDENTS: EP PRES + pol. group chairs (+ 1 representative non-attached; consensus/weighted vote)
- EC takes into account views of EP’s Conference of COMMITTEE CHAIRS
- EC hears view of EESC + CoR
Mid-October:
- EC adopts annual work programme; presents to EP & institutional partners
- on basis of the EC WP, Commission, EP & Council establish JOINT DECLARATION on the EU legislative priorities (common priorities since 2016)
Appointment of the Commission president
- every 5 years, the European Council (acting by qualified majority) proposes a Commission presidential candidate to the EP
- Candidate proposed on basis of political makeup of Parliament following EP elections; typically chosen from largest political family in the EP
- Elected if supported by absolute majority (= majority of component members) of members of Parliament.
Appointment of Commissioners
President-elect selected potential VPs and Commissioners based on suggestions from EU countries; list of nominees has to be adopted, by common accord with the president-elect, by the Council
Each nominee must appear before the parliamentary committee with responsibility for his or her proposed portfolio; Committee members vote on suitability
Once 27 nominees have been endorsed; EP as a whole votes whether or not to approve the entire team
Following Parliament’s vote, Commissioners appointed by the European Council (acting by qualified majority)
Accountability of EC
EC held democratically accountable by EP; EP has right to approve and dismiss the entire pol leadership of the Commission
EC also accountable for budget implementation - EP responsible for discharge! (Gives (or not) blessing to EC on how managed budget)
Decision-taking in the College of Commissioners
Consensus
Any member may ask for a vote. The quorum is the majority of members.
Groups des Relations Interinstitutionelles (GRI)
Weekly on Friday morning. SG may organise a prep meeting.
- Prepares COM positions vis a vis co-legislators, and EESC, CoR, and national parliaments.
- Prepares follow-up to EP interpellations, resolutions, and questions.
- External action aspects and Art 218 (agreement between the Union and third countries) are not covered.
Chaired by dHoC of the Pres, SG provides the secretariat, DGs design their representative members.
Unsolved matters or special files are escalated to HEBDO and if necessary to College.
College approves all file with or without discussion. COM positions may be expressed only after College endorsement.
Group for External Coordination
Weekly on Wednesday afternoon. SG may organise a prep meeting.
- prepares external aspects of College meetings
Co-chaired by Diplomatic Adviser of the Pres [do you know who (s)he is?] see below and dHoC of HR/VP. Each CAB designates a standing Member.
EXCO conclusions will be validated by College.
… Fernando Andresen Guimaraes
Hebdo
Weekly meeting of Heads of Cabinet
Objective: prepare College meeting
Monday morning, or afternoon in plenary weeks
RSCC - Special meetings of Cabinets
RSCC
Chaired by a Pres advisor
Members are member of Cabinets
Prepare special files to HEBDO
European Council Strategic Agenda
- set once every 5 years (alongside elections for the EP)
- prepared in a yearlong process starting with a letter by the European Council
European Commission (EC) Political guidelines
- set once every 5 years (alongside elections for the EP)
- 2019 - 2024:
Promoting our European Way of Life
The European Green Deal
A Europe fit for the digital age
An economy that works for the people
A new push for European democracy
A strong Europe in the world
Ordinary legislative procedure (OLP): since which Treaty?
Codecision renamed OLP with Lisbon Treaty and became main decision-making procedure.
Codecision procedure was first introduced in 1992 and its use extended in 1999
OLP main elements:
Article 289 & Article 294 TFEU (incl. QMV in Council)
applies to 85 legal bases since Lisbon
1) COM submits proposal to Council and EP
2) Council and EP adopt a legislative proposal either at 1st reading or 2nd reading
3) if no agreement after 2nd reading: conciliation committee is convened
4) if text agreed in conciliation committee is acceptable to both institutions at the third reading, the legislative act is adopted
OLP Legal basis
Article 289 and 294 TFEU
Art 289.4: in specific cases provided for by the Treaties, legislative acts may be adopted on the initiative of a group of MS or of the EP, on a recommendation from the ECB or at the request of the ECJ or the EIB
Art 294: explains 1,2,3 reading and conciliation procedure
Special legislative procedure (SLP) meaning
Means that council is the ONLY legislator
SLP - which article and what does it say?
Article 289.2 TFEU: for certain cases defined in specific treaty articles, Council is the only legislator. EP is required to either:
- consent to the COM’s proposal
- be consulted on it
Consent procedure (under SLP): what is it
- means that EP may essentially veto a measure but not amend it
- EP can accept or reject a legislative proposal by an absolute majority vote, but it cannot amend the proposal.
- the Council does not have the power to overturn the EP’s position.
Consultation procédure (SLP)
Consent procedure SLP: when is it used?
- consent is used when new legislation on combating discrimination is being adopted (Article 19.1)
EP consent also required as a non-legislative procedure when: - Council adopts certain international agreements negotiated by the EU
- in cases of serious breaches of fundamental rights (Art 7 TEU)
- for the accession of new EU MS
- arrangements for withdrawal from the EU
Consultation EP (SLP): what is it
- council adopts a legislative proposal after EP submitted an opinion on it.
- the EP may approve, reject, or propose amendments to a legislative proposal. Council is not obliged to take EP’s opinion into account, but according to case law from ECJ, it must not take a decision without having received it.
Consultation procédure EP (SLP): when is it applied
applicable in a limited number of policy areas, such as internal market exemptions and competition law, as well as financial matters and aspects of intellectual property and administrative issues. It is also used for the adoption of instruments such as recommendations and opinions issued by the Council and the Commission.
Detailed OLP Procedure
1) COM submits proposal to EP & Council
2a) First reading (no time limit) - Parliament adopts its position by simple majority
2b) Council adopts its position by QMV
If the Council approves Parliament’s position, the
act is adopted in the wording which corresponds to
Parliament’s position.
3) Second reading in Parliament
Parliament receives the Council’s position and has
three months to take a decision.
It can
a) approve the proposal as amended by the Council or take no decision; in both cases, the act as amended by the Council is adopted
b) reject the Council’s position by an absolute
majority of its Members; the act is not adopted
and the procedure ends
c) adopt, by an absolute majority of its Members,
amendments to the Council’s position, which are then put to the Commission and the Council for their opinion.
4) Second reading in the Council
If the Council, voting by a qualified majority on
Parliament’s amendments, and unanimously on
those on which the Commission has delivered
a negative opinion, approves all of Parliament’s
amendments no later than three months after
receiving them, the act is adopted
Otherwise, the Conciliation Committee is
convened within six weeks by the President of the Council in agreement with Preseident of the Parliament
5) Conciliation
Members of conciliation committee: equal number of Council and Parliament
representatives, assisted by the Commission.
six weeks to agree on a joint text
supported by a QMV of Council representatives
and a majority of Parliament’s representatives
The procedure stops and the act is not adopted
if the Committee does not reach agreement on a
joint text by the deadline.
If it does so, the joint text is sent to the Council
and Parliament for approval.
6) The Council and Parliament have six weeks to approve the joint text
The Council acts by a
qualified majority and Parliament by a majority
of the votes cast.
- The act is adopted if the Council and Parliament
approve the joint text. - If either of the institutions has not approved it by
the deadline, the procedure stops and the act is
not adopted
Consultation Procedure
Council must consider opinion delivered by Parliament (and if nce EESC & CoR)
in case of substantial changes, Parliament must be consulted again
Consent Procedure - in which areas does it apply?
- horizontal budgetary flexibility clause, as specified
in Article 352 TFEU - action to combat discrimination
(Article 19(1) TFEU) - membership of the Union
(Articles 49 and 50 TEU) - association agreements
(Article 217 TFEU) - accession of the Union to the
ECHR (Article 6(2) TEU) - agreements establishing
a specific institutional framework entailing major
budgetary implications or concerning areas
where the ordinary legislative procedure applies
(Article 218(6) TFEU)
Consent procedure
Parliament considers a draft act forwarded by the
Council;
it decides whether to approve the draft
(it cannot amend it) by an absolute majority of the
votes cast.
Conclusion of international agreements
Art 218 TFEU
The Commission or the High
Representative of the Union for Foreign
Affairs and Security Policy (HR) presents
recommendations to the Council
the Council
defines the mandate for the negotiations and
nominates the Union negotiator (from the
Commission or the HR) to conduct negotiations
The European Parliament must be immediately
and fully informed at all stages of the procedure
(Article 218(10)
- Decision: Council, by QMV, except in the fields
mentioned above. - Parliament’s role: consent for most agreements
(see above), consultation for agreements falling
exclusively in the field of foreign and security
policy
System of own resources
System of own resources (Article 311 TFEU)
- Proposal: Commission;
- Parliament’s role: consultation
- Decision: Council, unanimously, subject
to adoption by the Member States in
accordance with their respective constitutional
requirements.
Electoral Provision
Provisions for election of Parliament by
direct universal suffrage (Article 223 TFEU)
Proposal: Parliament
Decision: Council, unanimously after obtaining
Parliament’s consent and recommending the
proposal to the Member States for adoption
according to their constitutional requirements.
Measures for a serious and
persistent breach of Union principles
by a Member State (Article 7 TEU)
proposal for decision by Commission or one third of the MS
Parliament’s consent: adopted by a two-thirds
majority of the votes cast, representing a majority
of its Members
Decision determining the existence of a breach:
adopted by the European Council, unanimously,
without the participation of the Member State
concerned, after inviting the State in question to
submit its observations on the matter;
ecision to suspend certain rights of the Member
State concerned: adopted by the Council by a
qualified majority (without the participation of
the Member State concerned).
added under Nice: precautionary system also includes the parliament (“Clear risk for serious breach”)
after parliament consent, Decision: adopted by the Council by a four-
fifths majority of its members, after hearing
the Member State in question. The Council can
address recommendations to the Member State
before taking such a decision
Enhanced cooperation procedure
Article 20 TEU,
Article 329(1) TFEU
- Proposal exclusively by Commission
Member States which intend to establish
enhanced cooperation can address a request to
the Commission to that effect;
* Parliament’s role: consent;
* Decision: by the Council, acting by a qualified
majority
Cooperation in the field of the
CFSP
Article 329(2) TFEU
- Application to the Council by the Member States
concerned - Proposal forwarded to the High Representative
of the Union for Foreign Affairs and Security
Policy (HR), who gives an opinion
Information of Parliament
- The Council acts on the basis of unanimity.
CFSP
Article 24(2) TEU
Proposal: any Member State, the HR or the
Commission (Article 22 TEU);
Parliament is consulted/updated by the presidency
Decision: European Council or Council, acting
unanimously.
Arease where intergovernmental decison-making is maintained
Justice and home affairs: measures regarding
judicial cooperation in criminal matters, judicial
cooperation (Article 89 TFEU)
The internal market: restrictions on movement
of capital (Article 64(3) TFEU), competition
policy (Article 103(1) TFEU), tax harmonisation
measures (Article 113 TFEU), approximation of
laws affecting the establishment of the internal
market (Article 115 TFEU), intellectual property
rights (Article 118 TFEU);
Monetary policy: conferral of specific prudential
supervision tasks on the ECB (Article 127 TFEU)
Other policy fields such as social policies
and employment (Article 153 TFEU), energy
(Article 194(2) TFEU) or environment
(Article 191(3) TFEU)
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.
To reach a reinforced qualified majority 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
ECI
support of 1 Mio citizens
from at least one quarter of MS (Art 3 Reg 2019.788)
in line with Art 11(1) TEU
and Art 24TFEU
if successful
- 1 month to meet with a COM rep
- 3 month for parliamentary hearing
- formal reply by COM with decision on action taken within 6 months
codecision
term introduced by the Treaty of Maastricht, now called
Ordinary legislative procedure
Subsidiarity review
Yellow card
When the Commission introduces a new legislative proposal, it is sent to national parliaments.
If ONE THIRD of them find the draft legislation does not comply with the
subsidiarity principle, the Commission HAS TO REVIW the proposal and decide whether to keep, amend or withdraw it and to justify its decision.
This threshold is lower for draft legislative acts related to justice, freedom and security – one quarter.
Orange card
When the Commission introduces a new legislative proposal, it is sent to national parliaments. If A MAJORITY of those bodies find the draft legislation does not comply
with the subsidiarity principle, the Commission must re-examine the proposal.
If it retains the proposal, the Commission must justify its position by means of a
reasoned opinion to Parliament & Council. If Council and Parliament vote against the proposal during the first reading, it will be abandoned.
How many yellow card procedures have been triggered?
How many orange card ones?
3 yellow, no orange
How long after notification do the Treaties stop to apply to countries triggering Art 50?
from the date of entry into force of the withdrawal agreement or, failing that, two years after the Art 50 period
(Art 50(3) TEU)
