1. EU Law
Law 326

2. Legislation and Decision-Making
EU Law
Legislation and Decision-Making

3. EU Law Outline: Legislative Initiative Legislative Acts:
Ordinary Legislative Procedure
Special Legislative Procedure
Council Voting Requirements
Delegated Acts
Implementing Acts
Enhanced Cooperation

4. 1. Legislative Initiative
EU Law
1. Legislative Initiative

5. EU Law 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

6. EU Law
2. Legislative Acts

7. The Ordinary Legislative Procedure
EU Law
The Ordinary Legislative Procedure

8. EU Law
Article 14 (1) TEU and Article 16 (1)
EP and Council exercise legislative and budgetary powers jointly

9. EU Law
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.

10. EU Law Procedure – Article 294 TFEU First Reading Second Reading
Conciliation
Third Reading
Special Provisions

11. EU Law 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) 

12. EU Law 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

13. EU Law Second Reading Council position  EP Committee  Compromise 
 
Approve Council position Reject Council position
 
Act adopted Amendments  Council & Commission

14. EU Law
Conciliation Committee  Joint text   Not achieved Achieved   Act not adopted 3rd Reading  Vote at EP + Council  Act adopted

15. Special Legislative Procedure
EU Law
Special Legislative Procedure

16. EU Law
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.

17. EU Law 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

18. Council Voting Requirements
EU Law
Council Voting Requirements

19. EU Law
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

20. EU Law
Delegated Acts

21. EU Law
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

22. EU Law Pre-Lisbon: Comitology Post-Lisbon – Article 290 TFEU:
Delegation of power to the Commission
- ex ante constraint
- ex post constraint

23. EU Law
Implementing Acts

24. EU Law Article 291 (3) – revised version of Comitology Two procedures:
- advisory procedure
- examination procedure

25. EU Law
Enhanced Cooperation

26. EU Law 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