Problem 5
Learning objectives
- Which legislative procedures are there in the European Union
- What principles should be considered when drafting and adapting legislation
Only the principle of subsidiarity
- Which legal acts can the European Union adapt
- Which competences does the European Union have
L1: Which legislative procedures are there in European Union
European constitutionalism adopts a procedural definition of legislative power
(procedurele definitie van wetgevende macht), however the Treaties distinguish two
types of legislative powers:
- The ‘ordinary’ legislative procedure
The European Parliament and the Council act as co-legislators with
symmetric procedural rights
European legislation is therefore seen as the product of a ‘joint
adoption’ by both institutions
- Special legislative procedures
The defining characteristics of these special procedures is that they
abandon the institutional equality between the European Parliament
and the Council
European legislation is defined as an act adopted by the bicameral (meerkamerige)
union legislator.
Art. 289 TFEU: recognizes the two variants in the first two subs
- Sub 1: The ordinary legislation (also see Art. 294 TFEU)
- Sub 2: recognizes two variants of the special legislative procedure
1. The European Parliament acts as the dominant institution, with the
‘mere’ participation of the council in the form of consent
2. The council acts as the dominant institution, with the Parliament either
participating through its consent, or in the form of consultation
, The ‘ordinary’ legislative procedure
The ordinary legislative procedure has seven stages
- Art. 294 TFEU defines the first five stages
- Art. 297 TFEU has the two additional stages
1. The proposal stage
- Art. 294 (2) TFEU: The commission enjoys (with minor exceptions) the
exclusive right to submit a legislative proposal
- This (executive) prerogative guaranties a significant agenda-setting power to
the commission
- Art. 293 (1) TFEU: The treaties partly protect this power from ‘external’
interferences by insisting that any amendment that the commission dislikes will
require unanimity in the council and extremely high decisional hurdle
2. First reading
- The commissions proposal goes to the European Parliament
- The parliament will act by a majority of the votes cast (that’s the majority of
physically active parliamentarians)
- The parliament can reject or approval the proposal, or as a middle path amend
(aanpassen) it.
- The bill (het wetsvoorstel) then moves to the council, which will act by a
qualified majority of its members.
If the Council agrees, the bill is adopted after the first reading
If they disagree, the council is called to provide its own positions and
communicate it, with reasons to the parliament
3. The second reading
- The (amended) bill lies for the second time in the Parliaments court, and the
Parliament has three choices as what to do with it
Parliament may positively approve the Councils position by a majority
of the votes cast
They can reject it by a majority of its component members
It may propose by a majority of it component members, amendments to the Council
position,
- The amended bill must be forwarded to the council and to the commission
(that must deliver an opinion on the amendments)
- The bill is thus back at the councils court, and the council has to options
It can approve all of the parliaments amendments (the council thereby
acts by a qualified majority , unless the commission disagrees with any
of the amendments suggested by the council or the parliament) → the
legislative act is adopted
Learning objectives
- Which legislative procedures are there in the European Union
- What principles should be considered when drafting and adapting legislation
Only the principle of subsidiarity
- Which legal acts can the European Union adapt
- Which competences does the European Union have
L1: Which legislative procedures are there in European Union
European constitutionalism adopts a procedural definition of legislative power
(procedurele definitie van wetgevende macht), however the Treaties distinguish two
types of legislative powers:
- The ‘ordinary’ legislative procedure
The European Parliament and the Council act as co-legislators with
symmetric procedural rights
European legislation is therefore seen as the product of a ‘joint
adoption’ by both institutions
- Special legislative procedures
The defining characteristics of these special procedures is that they
abandon the institutional equality between the European Parliament
and the Council
European legislation is defined as an act adopted by the bicameral (meerkamerige)
union legislator.
Art. 289 TFEU: recognizes the two variants in the first two subs
- Sub 1: The ordinary legislation (also see Art. 294 TFEU)
- Sub 2: recognizes two variants of the special legislative procedure
1. The European Parliament acts as the dominant institution, with the
‘mere’ participation of the council in the form of consent
2. The council acts as the dominant institution, with the Parliament either
participating through its consent, or in the form of consultation
, The ‘ordinary’ legislative procedure
The ordinary legislative procedure has seven stages
- Art. 294 TFEU defines the first five stages
- Art. 297 TFEU has the two additional stages
1. The proposal stage
- Art. 294 (2) TFEU: The commission enjoys (with minor exceptions) the
exclusive right to submit a legislative proposal
- This (executive) prerogative guaranties a significant agenda-setting power to
the commission
- Art. 293 (1) TFEU: The treaties partly protect this power from ‘external’
interferences by insisting that any amendment that the commission dislikes will
require unanimity in the council and extremely high decisional hurdle
2. First reading
- The commissions proposal goes to the European Parliament
- The parliament will act by a majority of the votes cast (that’s the majority of
physically active parliamentarians)
- The parliament can reject or approval the proposal, or as a middle path amend
(aanpassen) it.
- The bill (het wetsvoorstel) then moves to the council, which will act by a
qualified majority of its members.
If the Council agrees, the bill is adopted after the first reading
If they disagree, the council is called to provide its own positions and
communicate it, with reasons to the parliament
3. The second reading
- The (amended) bill lies for the second time in the Parliaments court, and the
Parliament has three choices as what to do with it
Parliament may positively approve the Councils position by a majority
of the votes cast
They can reject it by a majority of its component members
It may propose by a majority of it component members, amendments to the Council
position,
- The amended bill must be forwarded to the council and to the commission
(that must deliver an opinion on the amendments)
- The bill is thus back at the councils court, and the council has to options
It can approve all of the parliaments amendments (the council thereby
acts by a qualified majority , unless the commission disagrees with any
of the amendments suggested by the council or the parliament) → the
legislative act is adopted
