Legislative Procedure in the EU

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Questions and Answers

What happens if the Council rejects the Commission's proposal?

The proposal is rejected and cannot be revived

The proposal is sent back to the Commission for revision (correct)

The proposal is adopted as is by the Council

The proposal is sent to the Parliament for a Second Reading

What is the role of the committee during the First Reading?

To amend the Commission's proposal

To study the Commission's proposal and prepare a report (correct)

To reject the Commission's proposal

To approve the Commission's proposal

What happens during the Conciliation Stage?

The Council and Parliament try to reach an agreement on the proposal (correct)

The proposal is sent to the European Council for approval

The Commission revises the proposal based on Council's feedback

The Parliament votes on the proposal

What is the role of the trilogue during the legislative process?

To facilitate negotiations between the Council and Parliament Signup and view all the answers

What happens after the Conciliation Stage?

The proposal is published in the Official Journal Signup and view all the answers

What is the requirement for the Parliament to act during the First Reading?

Majority of votes cast Signup and view all the answers

What is the role of the Presidents of the Council and Parliament?

To sign the adopted legislation Signup and view all the answers

What happens if the Parliament proposes amendments to the Council's position?

The Council can accept or reject the amendments Signup and view all the answers

Under the ordinary legislative procedure, what power does the European Parliament have?

Functional veto/co-decision power under Article 294 Signup and view all the answers

What is the role of the Commission in the ordinary legislative procedure?

It submits a proposal that can be modified by the European Parliament Signup and view all the answers

What is the purpose of institutional checks and consultation in the ordinary legislative procedure?

To avoid vetoes and rejections Signup and view all the answers

What is the significance of Article 289 TFEU in special legislative procedures?

It defines the special legislative procedures Signup and view all the answers

In special legislative procedures, what is the role of the European Parliament?

It consents or is consulted on the Council's decisions Signup and view all the answers

What is the significance of the principle of conferral in the ordinary legislative procedure?

It ensures the institutional balance between the European Parliament and the Council Signup and view all the answers

What is the significance of Article 294 in the ordinary legislative procedure?

It outlines the power dynamics between the European Parliament and the Commission Signup and view all the answers

What is the role of the Council in special legislative procedures?

It adopts legislation initiated by the Commission Signup and view all the answers

What is the main purpose of enhanced cooperation?

To further the objectives of the Union, protect its interests, and reinforce the integration process Signup and view all the answers

How many member states are needed to establish enhanced cooperation?

At least 9 member states Signup and view all the answers

What is the role of the European Commission in enhanced cooperation?

To submit a proposal to the Council to establish enhanced cooperation Signup and view all the answers

What happens to member states that do not participate in enhanced cooperation?

They are allowed to join later if they wish Signup and view all the answers

What is the criteria for objectives that can be achieved through enhanced cooperation?

Objectives must be in areas of the Union's non-exclusive competences Signup and view all the answers

What is the purpose of the Council in enhanced cooperation?

To adopt legislative acts for enhanced cooperation Signup and view all the answers

What is the relationship between enhanced cooperation and the EU institutional framework?

Enhanced cooperation uses the EU institutional framework Signup and view all the answers

What is the main difference between enhanced cooperation and other decision-making procedures?

Enhanced cooperation is a last resort when the EU as a whole cannot obtain certain objectives Signup and view all the answers

What is the next step after the Conference of Presidents gives approval?

The Committee writes a report outlining the legal basis, desired content of the legislative proposal, and budgetary implications. Signup and view all the answers

What is the role of the Commission in the legislative process?

To make legislative proposals. Signup and view all the answers

What happens to the amended proposal after it is sent back to the Council?

The Parliament needs to endorse it, and the Council must confirm it. Signup and view all the answers

What is the requirement for the Council to act on the proposal?

Qualified Majority. Signup and view all the answers

What is the final step in the legislative process?

The Parliament holds a third reading and the Council confirms it. Signup and view all the answers

What is the role of the Committee in the legislative process?

To write a report outlining the legal basis, desired content of the legislative proposal, and budgetary implications. Signup and view all the answers

What happens to the proposal after the Commission makes it?

It is sent to the Council which will act by Qualified Majority. Signup and view all the answers

What is the primary consequence of the EP's rejection of a proposal under the Special Legislative Procedure of Consent?

The proposal is vetoed Signup and view all the answers

What is the outcome if the Council approves the proposal?

The proposal is adopted as legislation. Signup and view all the answers

Which of the following issues is NOT typically addressed through the Special Legislative Procedure of Consent?

Foreign policy decisions Signup and view all the answers

What is the role of the EP in the Special Legislative Procedure of Consultation?

The EP can approve, reject, or suggest amendments to a proposal Signup and view all the answers

What is the consequence if the Council does not wait for the EP's position in the Special Legislative Procedure of Consultation?

The measure can be annulled Signup and view all the answers

In which of the following areas is the Special Legislative Procedure of Consultation typically used?

Internal market exemptions Signup and view all the answers

What is the relationship between the Council and the EP in the Special Legislative Procedure of Consultation?

The Council must consult the EP, but is not bound by its position Signup and view all the answers

What is the main difference between the Special Legislative Procedures of Consent and Consultation?

The EP's role is more prominent in the Consent procedure Signup and view all the answers

What is the purpose of the Special Legislative Procedure of Consent?

To ensure the EP's input in sensitive issues Signup and view all the answers

Study Notes

Ordinary Legislative Procedure

The Commission submits a proposal to the Parliament, which acts by a majority of votes cast.
The Council has three choices: approve the Parliament's position, reject it, or propose amendments.
The Parliament may propose amendments to the Council's amendments.

Stages of Ordinary Legislative Procedure

First Reading: The Commission's proposal goes to the Parliament, which acts by a majority of votes cast.
Second Reading: The Council has three choices: approve the Parliament's position, reject it, or propose amendments.
Conciliation Stage: A committee is delegated to draft a joint text to try to create a text that both Parliament and Council agree on.

Power Dynamics

The European Parliament (EP) has functional veto/co-decision power under Article 294 TFEU.
EP amendments rarely significantly alter the Commission's proposal, and significant discussion occurs beforehand and during the process.
The Commission also has significant powers under Article 294 procedure, can withdraw and submit a modified version, but this is not a veto power.

Special Legislative Procedures

Applies in specific cases provided by the Treaties.
The Council adopts legislation initiated by the Commission.
The European Parliament consents or is consulted.

The European Parliament rejects or accepts a proposal, but cannot make amendments.
Sensitive issues include additions to citizens' rights, establishment of a European Public Prosecutor, aspects of EU finances, and creation of a uniform method of electing MEPs.
Rejection by the European Parliament equals a veto of the proposal.

Consultation

Special legislative procedure may stipulate European Parliament consultation in a limited number of policy areas, such as internal market exemptions, competition law, financial matters, intellectual property, and administrative issues.
The Council must wait for the European Parliament's position, and if it doesn't, the measure can be annulled.
The European Parliament can approve, reject, or suggest amendments to a proposal.

Other Decision-Making Procedures

Enhanced Cooperation (Article 20 TEU)

A last resort when the EU as a whole cannot obtain certain objectives within a reasonable period of time.
Minimum of 9 Member States needed to establish enhanced cooperation.
Open to all other Member States to join later on if they wish.

Establishing Enhanced Cooperation

Member States intending to establish enhanced cooperation address a request to the Commission, which may submit a proposal to the Council.
The European Parliament Committee makes clear its intention to put forward an own-initiative report.
The Conference of Presidents gives approval, and the Committee writes a report outlining the legal basis, desired content of the legislative proposal, and budgetary implications.

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Description

This quiz covers the stages of the ordinary legislative procedure in the European Union, including the roles of the Commission and Parliament. Learn about the steps involved in passing a bill into EU law.