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 procedure
1. 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 procedure
1. 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 procedure
1. 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 procedure
1. 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 procedure
1. 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 procedure
2. 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 sixmonthly 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 procedure
5. 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 procedure
6. The Council can adopt the act as
amended
The legislative act is submitted directly for the
signature of the Presidents and SecretariesGeneral of the European Parliament and of the
Council, and is published in the Official Journal
The procedure is ended.
Ordinary legislative procedure
7. 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 procedure
8. The Council can adopt the Act
• The legislative act is submitted directly for the
signature of the Presidents and SecretariesGeneral of the European Parliament and of the
Council, and is published in the Official Journal.
Ordinary legislative procedure
9. 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 procedure
10. 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 procedure
10. 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 procedure
11. 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 colegislators.
Ordinary legislative procedure
12. 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 procedure
13. 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 SecretariesGeneral 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 SecretariesGeneral 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 procedures
In 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 - consent
In 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).