EU Law
Law 326
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Legislation and Decision-Making
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Outline:
1. Legislative Initiative
2. Legislative Acts:
 Ordinary Legislative Procedure
 Special Legislative Procedure
 Council Voting Requirements
3. Delegated Acts
4. Implementing Acts
5. Enhanced Cooperation
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1. Legislative Initiative
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 Basic Principle: Commission has legislative initiative
 Council may ask Commission to undertake studies and
submit appropriate proposals
 EP may request the Commission to submit appropriate
proposals
 Citizens initiative: one million citizens who are nationals
of significant number of MS may invite Commission to
submit appropriate proposals
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2. Legislative Acts
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The Ordinary Legislative Procedure
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Article 14 (1) TEU and Article 16 (1)
EP and Council exercise legislative
and budgetary powers jointly
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Article 289 TFEU
1. The ordinary legislative procedure shall consist in the joint adoption by
the European Parliament and the Council of a regulation, directive or
decision on a proposal from the Commission. This procedure is defined in
Article 294.
2. 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.
3. Legal acts adopted by legislative procedure shall constitute legislative acts.
4. In the specific cases provided for by the Treaties, legislative acts may be
adopted on the initiative of a group of Member States or of the European
Parliament, on a recommendation from the European Central Bank or at the
request of the Court of Justice or the European Investment Bank.
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 Procedure – Article 294 TFEU
 First Reading
 Second Reading
 Conciliation
 Third Reading
 Special Provisions
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 First Reading:
Commission submits a proposal

EP’s first reading: Considered at the Committee
 if there are amendments sent to Commission,
 if not


Commission may accept or not (re-send EP)
Voted at EP (plenary session)

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 First reading (continued):
EP’s position  sent to the Council


Accepts EP position Does not accept EP position


Act adopted
Act not adopted
Reasoned Explanation + Amendment
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 Second Reading
Council position  EP Committee

Compromise

EP

Approve Council position

Act adopted

Reject Council position

Amendments  Council & Commission
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Conciliation Committee  Joint text

Not achieved

Act not adopted

Achieved

3rd Reading

Vote at EP + Council

Act adopted
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Special Legislative Procedure
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Article 289 TFEU
1. The ordinary legislative procedure shall consist in the joint adoption by the
European Parliament and the Council of a regulation, directive or decision on a
proposal from the Commission. This procedure is defined in Article 294.
2. 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.
3. Legal acts adopted by legislative procedure shall constitute legislative acts.
4. In the specific cases provided for by the Treaties, legislative acts may be
adopted on the initiative of a group of Member States or of the European
Parliament, on a recommendation from the European Central Bank or at the
request of the Court of Justice or the European Investment Bank.
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 Specific cases provided by the Treaties
 2 different possibilities
- the Council will adopt a unanimous decision
after consultation or consent of EP
- EP adopts an act after approval of Council
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Council Voting Requirements
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 Treaty may require unanimity, qualified majority or
simple majority
 Qualified majority is the general rule:
- 55% of the members of the Council
- at least 15 Member States
- representing Member States comprising at least 65% of
the population of the Union
 Three criteria must be fulfilled
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Delegated Acts
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 Comitology:
 Institutional constraint imposed by Council on
Commission in the framework of Delegated Power
 Three types of procedure:
- Management committee procedure
- Regulatory committee procedure
- Advisory committee procedure
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 Pre-Lisbon: Comitology
 Post-Lisbon – Article 290 TFEU:
 Delegation of power to the Commission
- ex ante constraint
- ex post constraint
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Implementing Acts
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 Article 291 (3) – revised version of Comitology
 Two procedures:
- advisory procedure
- examination procedure
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Enhanced Cooperation
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 Article 20 TEU allows enhanced cooperation
 To further objective of the EU, protect its interests and
reinforce integration process
 At least 9 MS
 Cooperation must be open to all MS
 Binds only participating MS