lecture 6-ordinary legislative procedure Flashcards
(8 cards)
1
Q
Which EU organs are involved in the ‘ordinary legislative procedure’?
A
- The European Commission- makes legislative proposal
- The Council of the Union and the European Parliament jointly– adopt, amend, reject proposal and in the end are the organs that adopt the proposal
ARTICLE 294+297 TFEU
2
Q
What are the 2 special legislative procedures?
A
-Consent
-consultation
* COMM initiates, EP consents or is consulted, but Council of the Union as main actor.
3
Q
What does the Special Legislative procedure ‘consent’ entail?
A
- EP rejects or accepts proposal but cannot make amendments. But, if EP rejects proposal- veto of proposal.
- used for sensitive issues concerning MSs sovereignty or conferral.
4
Q
What does the Special Legislative Procedure ‘consultation’ entail?
A
- Special legislative procedure may stipulate EP consultation.
- Council of the Union must wait for EP’s position, and when COU doesn’t meassure can be annuled.
- EP can approve, reject or suggest annulments.
- COU is not bound by EP’s position but must consult it.
5
Q
What other decision making methods are there, and why?
A
- Enhanced cooperation
- Open method of coordination
OBJECTIVE: avoiding non cooperative MS, flexibility and creativity
6
Q
What is enhanced cooperation?
A
-Used as last resort when not all member states can agree(?), objectives in non-exclusive EU comptences, and must further the objectives of the Union
- min. 9 MS can establish enhanced cooperation, must be open to MS to join later on.
- only binding to participating states.
- EXAMPLE- schengen verdrag
7
Q
What is ‘open method of coordination’?
A
- allows memberstates to coordinate policies and work towards a common goal in areas of MEMBERSTATE COMPETENCE
- OMC= SOFT LAW
8
Q
Who has the right to initiative?
A
-European Commission
-But EP can request COMM to initiatate legislation.
