Decision-making process in the Nikolay Kaveshnikov, Moscow State Institute of International Relations (University)

European Council European Commission Council of Ministers European Parliament political guidelines decision-making

Secondary legislation may be adopted by…  Council of ministers proposal from the Commission (sometimes without) mostly decisions  Commission within its powers delegated legislation mostly decisions  European parliament acting jointly with the Council proposal from the Commission different procedures practically all regulations and directives

The European Commission  Sole right of legislative initiative only Commission may amend the proposal may remove the proposal  De jure – simple majority

The European Parliament  Various types of involvement  Amendments by simple majority (usually)  Rejection by absolute majority

Members of the European Parliament (Nice Treaty) Germany99 Slovakia13 France72 Ireland12 Italy72 Lithuania12 UK72 Latvia 8 Spain50 Slovenia 7 Poland50 Estonia 6 Netherlands25 Luxembourg 6 Belgium22 Cyprus 6 Greece22 Malta 5 Portugal22 Czech Rep.20 TOTAL (25)682 Hungary20 Sweden18 Romania 33 Austria17 Bulgaria 17 Denmark13 Finland13 TOTAL (27)732

The Council of Ministers  Simple majority - procedural issues  Unanimity - industry, taxation, R&D programmes, regional and social funds…  Qualified majority voting (QMV) - agriculture, fisheries, the internal market, environment, transport...

The Council of Ministers: QMV (before Nice Treaty) votes population, mln. persons per 1 vote Germany1082,58,3 France1059,66,0 UK1059,1 5,9 Italy1057,15,7 Spain840,75,1 Netherlands516,23,2 Greece511,0 2,2 Belgium510,42,1 Portugal510,42,1 Sweden4 8,92,2 Austria4 8,12,2 Denmark3 5,41,8 Finland3 5,21,7 Ireland3 4,01,3 Luxembourg2 0,40,2 Total = 87 QM = 62

The Council of Ministers: QMV (before and under Nice Treaty)  Before NT: double majority Majority of MS QMV: 62/87 votes = 71% - blocking minority of 26 = 2 big MSs + 2 small/medium MSs  Under NT: triple majority + redistribution of votes Majority of MS QMV: 258/345 votes = 74% 62% of EU population protect big MSs

The Council of Ministers: QMV (under Nice Treaty) Germany29 Slovakia 7 France29 Ireland 7 Italy29 Lithuania 7 UK29 Latvia 4 Spain27 Slovenia 4 Poland27 Estonia 4 Netherlands13 Luxembourg 4 Belgium12 Cyprus 4 Greece12 Malta 3 Portugal12 Czech Rep.12 TOTAL (25) 321; QM = 232 (72%) Hungary12 Sweden10 Romania 14 Austria10 Bulgaria 10 Denmark 7 TOTAL (27) 345; QM = 258 (74%) Finland 7

The Council of Ministers: QMV (under Nice Treaty and under Constitutional Treaty) Under NT: triple majority a majority of MSs QMV: 258/345 votes = 74% 62% of EU population - blocking minority of 38% = Germany + 2 big MSs Under CT: double majority + repealing of votes majority of MSs – 55% 65% of EU population - blocking minority of 35% = 3 big MSs blocking minority – at least 4 MSs protect small/medium MSs protect big MSs

Decision-making procedures  Basic (COM + CM)  Consultation (COM + EP+ CM)  Co-operation (COM + EP+ CM)  Co-decision (COM + EP+ CM)  Assent (COM + EP+ CM)

Basic legislative procedure COM CM COREPERDGs proposal legislative act (regulation, directive, decision)  If CM acts by QMV CM adopts proposal by QMV CM amends proposal by unanimity

Consultation procedure COMCM proposal Legislative act  If COM supports some EP’ amendments CM adopts these amendments by QMV CM rejects these amendments by unanimity COMEP (amended) proposal opinion (on EP’ amendments) opinion (amendments)

Consultation procedure  CM can ignore EP’ amendments  If COM supports EP’ amendments, it is easier for CM not to change them  Areas –JHA cooperation –Measures on preventing discriminations –EU citizenship –Agriculture –Police cooperation –Competition –Taxes –Economic policy

Co-operation procedure COMCMCOMEP () 2  introduced by SEA, 1985  two readings  EP can amend the proposal  EP can reject the proposal at the second reading by absolute majority  CM can overrun EP’ veto  EMU issues

Co-operation procedure 1 st reading COMCM proposal common position COMEP (amended) proposal opinion (on EP’ amendments) opinion (amendments)

Co-operation procedure 2 nd reading COMCM common position leg. act COMEP (amended) proposal opinion (on EP’ amendments) opinion (amendments) no CM

Co-decision procedure COMCMCOMEP () 2  introduced by Maastricht Treaty, 1992  two readings + conciliation mechanism  EP can reject the proposal after the conciliation mechanism  CM can not overrun EP’ veto Conciliation committee

Co-decision procedure 1 st reading COMCM proposal common position COMEP (amended) proposal opinion (on EP’ amendments) opinion (amendments)

Co-decision procedure 2 nd reading COMCM common position adopts EP’ amendments - legislative act COM EP opinion (on EP’ amendments) opinion (amendments) yes no Conciliation committee

Co-decision procedure Conciliation committee (3 rd reading) CM final text EP yes no Conciliation committee yes legislative act no

Co-decision procedure  Areas –Free movement of workers –non-discrimination on the basis of nationality –Right to move and reside –Transport –Internal market –Employment –Custom cooperation –Education –Vocational training –Culture –Health –Consumer protection –TENs –Research –Environment –Anti-fraud measures…

Assent procedure COMCM proposal legislative act  EP can not amend the proposal  ‘double key’ principle  Few most important issues – accession treaties – association treaties EP yes no

Basic tendencies of evolution  More QMV in the Council  More powers fro the EP  More activities of NGOs  More unofficial consultations with national parliaments