Procedures Flashcards
Adoption of annual Commission WP. Describe steps.
Mid-September: SOTEU - priorities next year; EC PRES & VP (Interinstitutional) send letter of Intent to EP & Council Presidency –> kick-starts dialogue
September/Oct:
- EC PRES meets EP’s Conference of PRESIDENTS: EP PRES + pol. group chairs (+ 1 representative non-attached; consensus/weighted vote)
- EC takes into account views of EP’s Conference of COMMITTEE CHAIRS
- EC hears view of EESC + CoR
Mid-October:
- EC adopts annual work programme; presents to EP & institutional partners
- on basis of the EC WP, Commission, EP & Council establish JOINT DECLARATION on the EU legislative priorities (common priorities since 2016)
Appointment of the Commission president
- every 5 years, the European Council (acting by qualified majority) proposes a Commission presidential candidate to the EP
- Candidate proposed on basis of political makeup of Parliament following EP elections; typically chosen from largest political family in the EP
- Elected if supported by absolute majority (= majority of component members) of members of Parliament.
Appointment of Commissioners
President-elect selected potential VPs and Commissioners based on suggestions from EU countries; list of nominees has to be adopted, by common accord with the president-elect, by the Council
Each nominee must appear before the parliamentary committee with responsibility for his or her proposed portfolio; Committee members vote on suitability
Once 27 nominees have been endorsed; EP as a whole votes whether or not to approve the entire team
Following Parliament’s vote, Commissioners appointed by the European Council (acting by qualified majority)
Accountability of EC
EC held democratically accountable by EP; EP has right to approve and dismiss the entire pol leadership of the Commission
EC also accountable for budget implementation - EP responsible for discharge! (Gives (or not) blessing to EC on how managed budget)
Decision-taking in the College of Commissioners
Consensus
Any member may ask for a vote. The quorum is the majority of members.
Groups des Relations Interinstitutionelles (GRI)
Weekly on Friday morning. SG may organise a prep meeting.
- Prepares COM positions vis a vis co-legislators, and EESC, CoR, and national parliaments.
- Prepares follow-up to EP interpellations, resolutions, and questions.
- External action aspects and Art 218 (agreement between the Union and third countries) are not covered.
Chaired by dHoC of the Pres, SG provides the secretariat, DGs design their representative members.
Unsolved matters or special files are escalated to HEBDO and if necessary to College.
College approves all file with or without discussion. COM positions may be expressed only after College endorsement.
Group for External Coordination
Weekly on Wednesday afternoon. SG may organise a prep meeting.
- prepares external aspects of College meetings
Co-chaired by Diplomatic Adviser of the Pres [do you know who (s)he is?] see below and dHoC of HR/VP. Each CAB designates a standing Member.
EXCO conclusions will be validated by College.
… Fernando Andresen Guimaraes
Hebdo
Weekly meeting of Heads of Cabinet
Objective: prepare College meeting
Monday morning, or afternoon in plenary weeks
RSCC - Special meetings of Cabinets
RSCC
Chaired by a Pres advisor
Members are member of Cabinets
Prepare special files to HEBDO
European Council Strategic Agenda
- set once every 5 years (alongside elections for the EP)
- prepared in a yearlong process starting with a letter by the European Council
European Commission (EC) Political guidelines
- set once every 5 years (alongside elections for the EP)
- 2019 - 2024:
Promoting our European Way of Life
The European Green Deal
A Europe fit for the digital age
An economy that works for the people
A new push for European democracy
A strong Europe in the world
Ordinary legislative procedure (OLP): since which Treaty?
Codecision renamed OLP with Lisbon Treaty and became main decision-making procedure.
Codecision procedure was first introduced in 1992 and its use extended in 1999
OLP main elements:
Article 289 & Article 294 TFEU (incl. QMV in Council)
applies to 85 legal bases since Lisbon
1) COM submits proposal to Council and EP
2) Council and EP adopt a legislative proposal either at 1st reading or 2nd reading
3) if no agreement after 2nd reading: conciliation committee is convened
4) if text agreed in conciliation committee is acceptable to both institutions at the third reading, the legislative act is adopted
OLP Legal basis
Article 289 and 294 TFEU
Art 289.4: in specific cases provided for by the Treaties, legislative acts may be adopted on the initiative of a group of MS or of the EP, on a recommendation from the ECB or at the request of the ECJ or the EIB
Art 294: explains 1,2,3 reading and conciliation procedure
Special legislative procedure (SLP) meaning
Means that council is the ONLY legislator
SLP - which article and what does it say?
Article 289.2 TFEU: for certain cases defined in specific treaty articles, Council is the only legislator. EP is required to either:
- consent to the COM’s proposal
- be consulted on it
Consent procedure (under SLP): what is it
- means that EP may essentially veto a measure but not amend it
- EP can accept or reject a legislative proposal by an absolute majority vote, but it cannot amend the proposal.
- the Council does not have the power to overturn the EP’s position.
Consultation procédure (SLP)
Consent procedure SLP: when is it used?
- consent is used when new legislation on combating discrimination is being adopted (Article 19.1)
EP consent also required as a non-legislative procedure when: - Council adopts certain international agreements negotiated by the EU
- in cases of serious breaches of fundamental rights (Art 7 TEU)
- for the accession of new EU MS
- arrangements for withdrawal from the EU
Consultation EP (SLP): what is it
- council adopts a legislative proposal after EP submitted an opinion on it.
- the EP may approve, reject, or propose amendments to a legislative proposal. Council is not obliged to take EP’s opinion into account, but according to case law from ECJ, it must not take a decision without having received it.
Consultation procédure EP (SLP): when is it applied
applicable in a limited number of policy areas, such as internal market exemptions and competition law, as well as financial matters and aspects of intellectual property and administrative issues. It is also used for the adoption of instruments such as recommendations and opinions issued by the Council and the Commission.
Detailed OLP Procedure
1) COM submits proposal to EP & Council
2a) First reading (no time limit) - Parliament adopts its position by simple majority
2b) Council adopts its position by QMV
If the Council approves Parliament’s position, the
act is adopted in the wording which corresponds to
Parliament’s position.
3) Second reading in Parliament
Parliament receives the Council’s position and has
three months to take a decision.
It can
a) approve the proposal as amended by the Council or take no decision; in both cases, the act as amended by the Council is adopted
b) reject the Council’s position by an absolute
majority of its Members; the act is not adopted
and the procedure ends
c) adopt, by an absolute majority of its Members,
amendments to the Council’s position, which are then put to the Commission and the Council for their opinion.
4) Second reading in the Council
If the Council, voting by a qualified majority on
Parliament’s amendments, and unanimously on
those on which the Commission has delivered
a negative opinion, approves all of Parliament’s
amendments no later than three months after
receiving them, the act is adopted
Otherwise, the Conciliation Committee is
convened within six weeks by the President of the Council in agreement with Preseident of the Parliament
5) Conciliation
Members of conciliation committee: equal number of Council and Parliament
representatives, assisted by the Commission.
six weeks to agree on a joint text
supported by a QMV of Council representatives
and a majority of Parliament’s representatives
The procedure stops and the act is not adopted
if the Committee does not reach agreement on a
joint text by the deadline.
If it does so, the joint text is sent to the Council
and Parliament for approval.
6) The Council and Parliament have six weeks to approve the joint text
The Council acts by a
qualified majority and Parliament by a majority
of the votes cast.
- The act is adopted if the Council and Parliament
approve the joint text. - If either of the institutions has not approved it by
the deadline, the procedure stops and the act is
not adopted
Consultation Procedure
Council must consider opinion delivered by Parliament (and if nce EESC & CoR)
in case of substantial changes, Parliament must be consulted again
Consent Procedure - in which areas does it apply?
- horizontal budgetary flexibility clause, as specified
in Article 352 TFEU - action to combat discrimination
(Article 19(1) TFEU) - membership of the Union
(Articles 49 and 50 TEU) - association agreements
(Article 217 TFEU) - accession of the Union to the
ECHR (Article 6(2) TEU) - agreements establishing
a specific institutional framework entailing major
budgetary implications or concerning areas
where the ordinary legislative procedure applies
(Article 218(6) TFEU)
