Decision-making process

Revision of the Treaties

▫Ordinary revision procedure (Article 48 (1) TEU)

▫Special revision procedure (Article 48 (2) TEU)

Ordinary revision procedure

Iniciation of the procedure:

• Proposal of amendment is submitted by the Government of any Member State, the European Parliament or the Commission to the Council;

• Proposal is submited to the European Council by the Council and the national Parliaments are notified.

Ordinary revision procedure• If the European Council, after consulting the European

Parliament and the Commission, adopts by a simple majority a decision in favour of examining the proposed amendments, the President of the European Council convenes a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. The European Central Bank is consulted in the case of institutional changes in the monetary area. The Convention examines the proposals for amendments and adopts by consensus a recommendation to a conference of representatives of the governments of the Member States.

• The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.

Ordinary revision procedure•A conference of representatives of the

governments of the Member States is convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaties.

•The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

Ordinary revision procedure

 • If, two years after the signature of a

treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.

Simplified revision procedures• The Government of any Member State, the European Parliament or the

Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.

• The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council acts by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.

• The decision must not increase the competences conferred on the Union in the Treaties.

Simplified revision procedures

• Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.

• Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.

 • Any initiative taken by the European Council is notified to the national Parliaments. If a

national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision.

• The European Council acts by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

Legislative procedures

Ordinary legislative procedure•1. COMMISSION PROPOSAL Only the Commission may put forward

legislative proposals ("right of initiative") (except where Treaty provides otherwise).

. The legal basis adopted by the Commission will determine the legislative procedure.

Ordinary legislative procedure1. COMMISSION PROPOSAL The proposal is forwarded

simultaneously to the European Parliament and to the Council but also the all National Parliaments and, where applicable, to the Committee of the Regions and the Economic and Social Committee.

Ordinary legislative procedure1. COMMISSION PROPOSAL 1a Opinions of the national Parliaments

If a draft legislative act's compliance with the subsidiarity principle is contested by a third (a quarter in the Area of Freedom Secutrity and Justice) the votes allocated to national Parliaments , the Commission has to review the proposal and decide to maintain, amend or withdraw the act, also motivating its decision („yelow card”)

Ordinary legislative procedure1. COMMISSION PROPOSAL

1a Opinions of national Parliaments

If a draft legislative act's compliance with the subsidiarity principle is contested by at least one third of all the votes allocated to the national Parliaments the Commission has to re-examine the proposal. • Commission may:

▫ maintain – obligaroty opinion, ▫ amend ▫ or withdraw the proposal

Ordinary legislative procedure1. COMMISSION PROPOSAL

1a Opinions of national Parliaments

If a draft legislative act's compliance with the subsidiarity principle is contested by at least one third of all the votes allocated to the national Parliaments the Commission has to re-examine the proposal. • Commission may:

▫ maintain, ▫ amend ▫ or withdraw the proposal

Reasons must be given

Ordinary legislative procedure1. COMMISSION PROPOSAL

1a Opinions of national Parliaments

• a reasoned opinion of the Commission and the reasoned opinions of the national Parliaments are transmitted to the co-legislator, for consideration in the legislative procedure.

• first reading - the co-legislator considers the compatibility of the legislative proposal with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission.

• majority of 55% of the members of the Council or a majority of the votes cast in the European Parliament, the co-legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal is abandone (orange cardd),

Ordinary legislative procedure•1b Opinions of the Committee of the

Regions and the Economic and Social Committee

•The Economic and Social Committee and the Committee of the Regions respectively consist of “representatives of the various economic and social components of organised civil society …” and “representatives of regional and local bodies …”. 

Ordinary legislative procedure2. European Parliament (EP) First

reading The European Parliament delivers at first

reading a position. This position, prepared by a rapporteur, is discussed and amended within the relevant parliamentary committee, then debated in plenary session, where it is adopted by a simple majority.

Ordinary legislative procedure Amended Commission proposal Article 293(2) TFEU authorises the

Commission to alter its legislative proposal, enabling it to incorporate European Parliament amendments which, in its view, improve the initial proposal and/or are likely to facilitate an agreement.

Ordinary legislative procedure  4. Council first reading The Council makes its position known after

preparatory work has taken place within working parties made up of experts from the Member States and chaired by the Member State holding the six-monthly Presidency of the Council. The Council finalises its position on the basis of the Commission’s proposal, amended where necessary, in the light of the European Parliament’s first reading and resultant amendments.

Ordinary legislative procedure  4. Council first reading possible scenarios: • the Council accepts without alteration the

Commission’s proposal, which the European Parliament has not amended, and the act can be adopted ;

• the Council accepts all the European Parliament’s amendments which the Commission has incorporated into its amended proposal, and the act can be adopted ;

• in all other cases, the Council adopts a common position.

Ordinary legislative procedure5. The Council approves all the EP

amendments If the Council approves the Commission’s

proposal as amended by the European Parliament, the act is deemed to have been adopted in the wording which corresponds to the position of the European Parliament.

Ordinary legislative procedure6. The Council can adopt the act as

amended The legislative act is submitted directly for

the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal

The procedure is ended.

Ordinary legislative procedure7. The EP has approved the proposal without

amendment If the European Parliament has not adopted any

amendments, and if the Council does not wish to alter the Commission’s proposal either, it can approve the act on that basis by a QMV. The act is then adopted in the wording which corresponds to the position of the European Parliament which, in this particular case, is identical with the wording of the Commission proposal.

Ordinary legislative procedure8. The Council can adopt the Act •The legislative act is submitted directly

for the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal.

Ordinary legislative procedure9. Council common position •When the Council does not share the views

expressed by Parliament, it adopts a common position, which is forwarded to the European Parliament together with a statement of reasons. 

•Where the European Parliament has approved the Commission’s proposal without amendment, but the Council wishes to make changes to it, the Council will again adopt a common position.

Ordinary legislative procedure10. Commission communication on the common

position In this document, which is forwarded to the

European Parliament in tandem with the common position, the Commission explains why it has decided to support or oppose the common position. The Commission also comments on the Council’s reaction to the EP amendments which it had supported in plenary at the first reading. Only if the Commission amends its proposal in line with the common position, the Council can act by qualified majority.

Ordinary legislative procedure10. Commission communication on the common

position In this document, which is forwarded to the

European Parliament in tandem with the common position, the Commission explains why it has decided to support or oppose the common position. The Commission also comments on the Council’s reaction to the EP amendments which it had supported in plenary at the first reading. Only if the Commission amends its proposal in line with the common position, the Council can act by qualified majority.

Ordinary legislative procedure11.  EP second reading A three-month time limit is laid down by the Treaty (this period

may be extended by a month) for the European Parliament to take action on the basis of the Council position at first reading.

The adoption procedure is similar to that at first reading but has some distinct differences. As a general rule, the amendments must: ▫ include amendments adopted at first reading and not accepted by

the Council; or ▫ be concerned with a part of the common position which did not

appear in, or ▫ be substantially different from, the Commission’s initial proposal;

or introduce a compromise between the positions of the co-legislators.

Ordinary legislative procedure12. EP approves the common position or does not take a

decision

If the European Parliament endorses the common position as it stands, fails to adopt amendments as a result of not obtaining an absolute majority of its Members or does not take a decision within the stipulated time limit, the President of Parliament will declare that the common position is approved and the act is adopted in accordance with the common position. This is also the case when trilogue meetings have taken place after the EP first reading and before the Council adopts its common position. Such an agreement is called "negotiated common position" or "early second reading".

Ordinary legislative procedure13. Act deemed to have been adopted The legislative act is submitted directly for the

signature of the Presidents and Secretaries–General of the European Parliament and of the Council, and is published in the Official Journal.

The procedure is ended. 14. EP rejects the common position Rejection of the common position requires the votes of

an absolute majority of the component Members of the European Parliament – The act is deemed not to have been adopted.

The procedure is ended.

Ordinary legislative procedure•16. EP proposes amendments to the

common position •The European Parliament may propose

amendments to the common position, by an absolute majority of its component Members and the text thus amended is forwarded to the Council and the Commission.

Ordinary legislative procedure• 17. Commission opinion on EP amendments • The Treaty specifically requires the Commission

to deliver an opinion on the European Parliament’s amendments. The Commission’s position on the European Parliament’s amendments will determine the type of vote necessary in the Council: if the Commission has given a negative opinion on at least one amendment, the Council will have to act unanimously as regards acceptance of the European Parliament’s position overall

Ordinary legislative procedure•18. Council second reading •The Council has a period of three months

(which may be extended by a further month), following receipt of the European Parliament’s amendments, in which to approve them by a qualified majority or unanimously if the Commission has delivered a negative opinion.

Ordinary legislative procedure•19. The Council approves the

amended common position •If the Council agrees to accept all the

amendments of the European Parliament, the act will be deemed to have been adopted in the form of the common position thus amended (wording corresponds to the EP second reading).

Ordinary legislative procedure•20. Act adopted as amended •The legislative act is submitted directly

for the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal.

•The procedure is ended.

Ordinary legislative procedure•21. The Council does not approve the

amendments to the common position •If, within a three-month period (may be

extended by one month), the Council does not approve all the amendments of the European Parliament, the President of the Council, in agreement with the President of the European Parliament, will convene a meeting of the Conciliation Committee within six weeks (may be extended by two weeks).

Ordinary legislative procedure•21. The Council does not approve the

amendments to the common position •If, within a three-month period (may be

extended by one month), the Council does not approve all the amendments of the European Parliament, the President of the Council, in agreement with the President of the European Parliament, will convene a meeting of the Conciliation Committee within six weeks (may be extended by two weeks).

Ordinary legislative procedure• 23. The conciliation procedure • The Conciliation Committee brings together

members of the Council or their representatives and an equal number of representatives of the European Parliament, as well as the Commissioner responsible.

• Negotiations focus on all the amendments adopted by the European Parliament at second reading on the basis of the Council's common position. The Treaty stipulates a time limit of six weeks (which may be extended by two weeks) for approving a joint text.

Ordinary legislative procedure•24. The Conciliation Committee

produces a joint text •Once the negotiators have arrived at a

compromise, the Conciliation Committee must give approval in the form of a “joint text”. The Council's delegation acts by a QMV(unanimity in cases stipulated by the Treaty) while the European Parliament’s delegation acts by a simple majority of its component members.

Ordinary legislative procedure•25. Parliament and the Council adopt

the act in accordance with the joint text

•The European Parliament (by a majority of the votes cast; no amendment may be tabled) and the Council (by a qualified majority with certain exceptions) must adopt the act within six (or eight) weeks, in line with the joint text.

Ordinary legislative procedure•26. Act adopted •The legislative act is submitted directly

for the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal.

•The procedure is ended.

Ordinary legislative procedure•27. Parliament and the Council do not

approve the joint text •Should either of the institutions fail to

give approval within the stipulated time limit, the act is deemed not to have been adopted and the procedure is ended.

Secial legislative proceduresIn the specific cases provided for by the

Treaties, the adoption of a regulation, directive or decision by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, shall constitute a special legislative procedure.

•Conssent•Consultation

Secial legislative procedures - consultation

Under Article 289 of the TFEU, consultation is a special legislative procedure, whereby European Parliament is asked for its opinion on proposed legislation before the Council adopts it.

Secial legislative procedures - consentIn certain legislative areas, the European Parliament is

requested to give its consent, as a special legislative procedure under Article 289(2) of the TFEU (eg. non-discrimination Article 19 TFEU)

The consent procedure gives Parliament the right of veto - Parliament’s role is thus to approve or reject the legislative proposal without further amendments and the Council cannot overrule Parliament’s opinion.

Consent is also required as a non-legislative procedure when the Council is adopting certain international agreements (eg. assiociate agreements).