legislative procedures

legilsative proposals

usually initiaited by the european commission

• commission has the main right of legislative initiative

exceptions= commission + high representative

• joint inititative in

  • ccommon foerign and security policy

  • implementation of solidarity clauses= member state cooperation in times of terror etc

  • economic sanctions on ms

requests

• council and parl may request proposals

• however these requests are not binding= do not require proposals just require consideration

withdrawals

• comission may withdraw a proposal at anytime

• before the council has acted

ordinary legislative proceure

• the main eu legislative procedure

  • expanded by the treaty of lisbon covering 83 policy areas

    • can be increased to cover more

• includes the parlaiment and council acting as equal co legislators

  • require approval of the same text to pass

• emergency break procedure= member states may object if the proposal affects fundamental aspects of there domestic legal system

  • spplicable in areaas of national sovereightny

    • social security matters

    • areas of freedom security and justice

  • matter is reffered to the european council

OLP procedure

proposal stage

• the comission sends its proposal to

  • the ep

  • the council

  • national parliaments= checks for proportionality and subsidiairty

first stage

• the european parlaiment may

  • aprove the proposal without ammendments

  • approve the proposal with ammendments

• the commission may

  • accept EP ammendmends

  • keep the original proposal

• the council may

  • accept the proposal without ammendments= act adopted

  • propose a common position

second reading

• the comission send communication supporting or rejecting the council common position

• the ep may

  • accept the common position= act adopted

  • reject the common position= act abandoned

  • take no action =act may still be adopted

  • ammend the common position

• the commission gives a posotive or negative opinion on ammendments

• the council may

  • accept ep ammenmdnets= act adopted

  • reject ammendments= concilliation committee

concilliation stage

• made up of ep representives and council representatives in order to agree on a joint text

• if agreement text is made= third reading

• if no agreement text is made= act abaondoned

third reading

• ep and coundil must both approve the joint text

  • appoval = act adopted

  • if one party rejects=procedure abandoned

special legislative procedure

used in cases of national sovereigny and senseitive matters where the council takes main decision making role and the ep is merely advisory or consenting

• consent procedure= council adopts legislation after ep consent

  • the ep effectively has veto power= can accept or reject

  • the ep cannot ammend tje proposal

  • matters:

    • sanctions on member states

    • accession of new member states

    • association agreements with thied party states

    • measures concerning eu citizens rights

• consultation procedure= the council must obtain the eps opinion on legislation

  • the ep is ourely advisory role= gives a non binding opinion

  • can suggest ammendments

  • the council is not obliged to follow the ep opinion

    • however obtaining the opinion is mandatory

    • failure to consult= invalidate act