EU Legislative Procedures Overview

EU Secondary Law Creation & Decision-Making

• EU secondary law is created through decision-making procedures with an interinstitutional nature.
• These procedures define the roles and powers of the EU institutions (EU Parliament, Council, Commission).
• Decision-making modalities vary depending on the specific procedure (legislative or non-legislative).
• The EU framework is based on principles of conferral, institutional balance, and loyal cooperation.

General Features (1)

• Procedures for adopting EU secondary law are determined by the relevant legal basis.
• EU institutions are obliged to use the procedure indicated in the legal basis, they cannot choose.
• The legal basis is the Treaty provision granting EU institutions the power to act in a specific area.
• The envisaged act needs to have objectives subject to judicial review.

General Features (2)

• Decision-making processes are usually complemented by interinstitutional agreements to ensure better cooperation and quality of regulation.
• Interinstitutional cooperation is ensured by various tools such as ex ante impact assessments, stakeholder consultations, ex post evaluations, and interinstitutional discussions.
• Interinstitutional agreements shape the practice and often codify the mutual cooperation mechanisms among EU institutions.

General Features (3)

• The decision-making procedure is directly established by the Treaties.
• There's very little discretion for EU institutions.
• The Treaty of Lisbon established a more balanced position between the European Parliament and the Council, in regards to legislative powers, and a less rigid institutional framework.

Legislative vs. Non-Legislative Acts (1)

• The Treaty of Lisbon introduced the distinction between legislative and non-legislative acts.
• Distinction only based on the adoption procedure; defined ex ante in Treaties.

Legislative vs. Non-Legislative Acts (2)

• Transparency, transparency of Council work, is a consequence of the difference between legislative and non-legislative acts. Only legislative acts are adopted during public meetings.
• Subsidiarity is a control mechanism in legislative acts only.
• The annulment procedure has different implications, regarding the possibilities for individuals to challenge legislative acts.

Summary Outline for Legislative Procedures

• Ordinary legislative procedure (the "rule"): joint adoption by the European Parliament and the Council, based on a Commission proposal.
• Special legislative procedures: varied adoption process depending on the Treaties, where one institution holds a more dominant role.
• Consultation: compulsory advisory opinion from the Parliament but not binding on the Council.
• Approval: a veto power for Parliament.

Power of Proposal/Initiative

• The Commission has the power of initiative for all legislative procedures (ordinary and special), unless otherwise specified in the Treaty.
• EU Parliament and Member States can also have an initiative power.

European Citizens' Initiative

• A proposal requiring at least 1 million EU citizens from at least 7 member states.
• The Commission is not bound to follow up on the proposal.
• The process involves establishment of a citizens' committee, registration of the initiative, verification of signatures, presentation to and discussion with the Commission and public hearing before the EP.

Power of Initiative/Proposal (2)

• EU Parliament and Council aren't forced to schedule discussions on Commission-drafted proposals. Modifications to proposals are possible, but are limited.
• The Commission can withdraw its proposal, before the Council has voted on the content for the first time.

The Ordinary Legislative Procedure: Outline

• First reading: Position of EP and Council different on the same proposal.
• Second reading: EP approves or provides new position. Council needs to approve.
• Third reading: If no agreement in the past two readings. The act cannot be further amended, both Parliament and Council must agree or there is failure.
• Conciliation Committee can draft common projects in case of disagreement.

The Ordinary Legislative Procedure: First Reading

• Stages of adoption according to the order of Commission's proposal, Parliament position, Council position, Council approving the EP position, act being adopted, and opinion of the Commission.

The Ordinary Legislative Procedure: Second Reading

• Stages of adoption for different possible scenarios when there are disagreements between the EP and Council. Act is adopted, end of the procedure, Opinion of the Commission, or Committee of conciliation.

The Ordinary Legislative Procedure: Third Reading

• Stages of adoption in Case of disagreement in second reading or possible drafting of a common project by the Conciliation Committee.

Special Legislative Procedures: General Features

• "Dominant position" of one institution: Special procedures where one institution plays a more significant role in legislative procedure, usually the Council.
• Examples of special cases with a Parliament dominant role are approval of the statute of the European Parliament, the Committee of Inquiry, or the exercise of functions of the European Ombudsman.

Special Legislative Procedures: Consultation

• The procedure where the Council will adopt a measure after consulting with the Parliament.
• Parliament is not required to issue a mandatory opinion but the process is important to allow Parliament to intervene with an opinion that can potentially effect the measure.
• The consultations need to be regular and effective.

Special Legislative Procedures: Consultation (2)

• Changing the act and obligation for multiple consultations.
• The act requires a specific time frame for the opinion rendering.
• General principles of EU Law.

Special Legislative Procedures: Approval

• Details regarding acts which cannot be drafted by the Council without Parliament's approval.
• No amendment of the act, Parliament and Council have unequal powers in such cases.

Non-Legislative Procedures

• Non-legislative procedures refer to situations where only one institution (usually the Council or Commission) is involved in adopting an act.
• Examples include Council acts, European Council acts, CFSP and cooperation in the acts.
• The content and procedures of non-legislative acts are defined in the Treaties.

Delegated Acts (Article 290 TFEU)

• The delegation of legislative power by the Council and the Parliament to the Commission to issue delegated acts.
• Such acts supplement or amend certain non-essential elements of a legislative act.
• The Act of Delegation must specify criteria like content, scope, and duration of the delegated power.
• Delegated acts must always include the word "delegated" in the title.

Delegated Acts (Article 290 TFEU) (2)

• Commission's exercise of delegated power is subject to political control.
• The delegating institutions have the power to revoke the delegation, establish cases where the act can not enter into force due to objections, or specify other conditions (time-frame).
• Judicial review, delegated acts are subject to review by the Court of Justice.

Implementing Acts (Article 291 TFEU)

• Exception to decentralized application. Implementation generally is done by member states through public authorities.
• The act mandates implementation as an objective.
• Implementation must be uniform, with criteria specified by the act, to which implementing power is granted (Commission or Council).

Implementing Acts (Article 291 TFEU) (2)

• Control: Article 291 (3) TFEU allows Member States to control actions by the Commission.
• "Comitology"; replaced the previous regulatory procedure to allow a more effective control of the implementation process. There are two types of procedures, Examination and Advisory procedures.
• Examination procedure implies a positive committee opinion, while the advisory procedure is more general.

This quiz explores the various legislative procedures within the European Union, focusing on the differences and applications of the advisory and examination procedures. It examines the roles of different institutions in the legislative process, including the implications of negative opinions and veto powers. Engage with key concepts to deepen your understanding of EU governance.