2. Concept
Special legislative procedures replace the former consultative, cooperation and assent
procedures. The objective is to simplify the EU’s decision-making process by making it
clearer and more effective. As their name indicates, these procedures derogate from the
ordinary legislative procedure and therefore constitute exceptions.
Article 289
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.
Depending on the area concerned and on the provision setting up the special procedure,
´participation´ of the Parliament can mean prior consultation (e.g. Art. 87,3 TFEU) or
consent (e.g. Arts. 82,2, 218,6 TFEU).
3. The Treaty of Lisbon has introduced passerelle clauses in order to be able to apply the ordinary
legislative procedure to areas for which the Treaties had laid down a special legislative procedure.
Furthermore, these clauses also allow voting by qualified majority to be applied to acts that are to
be adopted unanimously.
There are two types of passerelle clause:
the general passerelle clause applying to all European policies; activation of this clause must be
authorised by a Decision of the European Council acting unanimously;
specific passerelle clauses relating to certain European policies.
4. There are six specific passerelle clauses to be applied to:
the multiannual financial framework (Article 312 of the Treaty on the Functioning of the EU);
the Common Foreign and Security Policy (Article 31 of the Treaty on European Union);
judicial cooperation concerning family law (Article 81 of the Treaty on the Functioning of the EU).
This specific clause is the only clause regarding which national Parliaments retain a right to object;
reinforced cooperation in areas governed by unanimity or by a special legislative procedure
(Article 333 of the Treaty on the Functioning of the EU);
social affairs (Article 153 of the Treaty on the Functioning of the EU);
environmental matters (Article 192 of the Treaty on the Functioning of the EU).
5. Legislator: The Council is, in practice, the sole legislator. The European Parliament is required to
give its consent to a legislative proposal or be consulted on it.
Right of legislative initiative: The European Commission
Types of procedures:
Consent: the European Parliament has the power to accept or reject a legislative proposal by an
absolute majority vote, but cannot amend it
Consultation: the European Parliament may approve, reject or propose amendments to a
legislative proposal
Legal base: Article 289(2) of the Treaty on the Functioning of the European Union.
Rules: The treaties do not give a precise description of special legislative procedures. The rules are
therefore defined ad hoc, on the basis of the relevant treaty articles.
6. THE CONSULTATION PROCEDURE The
procedure in a nutshell
The consultation procedure allows the European Parliament to give its opinion on
the Commission’s proposal
In those cases stipulated by the Treaty, the Council is obliged to officially consult
the Parliament and obtain its opinion before it can take any decision.
7. The consultation procedure
COMMISSION SUBMITS SIMULTANEOUSLY ITS PROPOSAL TO THE COUNCIL AND THE EP
THE COUNCIL OFFICIALLY CONSULTS THE EP
EP’s POSITIVE OPINION,
APPROUVING THE COM
PROPOSAL
EP GIVES ITS OPINION,
INCORPORATING
AMENDMENTS
COMMISSION EXAMINES AMENDMENTS, EITHER ACCEPTING OR
REJECTING THEM. ELABORATION OF A MODIFIED PROPOSAL
COUNCIL ADOPTS THE ACT:
+ QM TO ACCEPT THE COMMISSION PROPOSAL
+ UNANIMITY TO AMEND IT AND TO INTRODUCE
CHANGES / AMENDMENTS
COUNCIL ADOPTS THE ACT:
+ QM TO ACCEPT THE COMMISSION MODIFIED PROPOSAL
+ UNANIMITY TO AMEND IT AND TO INTRODUCE
CHANGES
8. THE CONSULTATION PROCEDURE Modifications
introduced by the Lisbon Treaty
QMV and EP consultation {Qualified majority voting}
- specific R & D programs
Unanimity and EP consultation
- measures in energy having a fiscal character
- sensitive areas of social policy
- family law with cross-border implications
- operational police cooperation
- tax harmonization
- uniform procedure for EP elections
9. 1. Consultation
Under the consultation procedure the Council adopts a legislative proposal after
the Parliament has submitted its opinion on it.
In this procedure the Parliament may approve, reject or propose amendments to a legislative
proposal. The Council is not legally obliged to take the Parliament's opinion into account,
but according to the case-law of the Court of Justice, it must not take a decision without
having received it.
The procedure is applicable in several areas, such as internal market exemptions and
competition law.
The Parliament's consultation is also required as a non-legislative procedure
when international agreements are adopted under common foreign and security policy.
10. THE CONSENT PROCEDURE The procedure in a
nutshell
The Council has to obtain the European Parliament's consent before certain very important
decisions are taken.
The Parliament cannot amend a proposal: it must either accept or reject it. In case of rejection, the
act is not adopted.
11. The consent procedure
COMMISSION PROPOSAL
(or of the EP or of the ECB or of applicant State)
COUNCIL ADOPTS POSITION (unanimity)
ACCEPTANCE BY THE EP
(majority of the votes cast OR
majority of members of EP)
REJECT BY THE EP (majority of the
votes cast OR majority of members of
EP)
THE ACT IS ADOPTED THE ACT IS NOT ADOPTED
12. THE CONSENT PROCEDURE Modifications introduced by the Lisbon
Treaty
Unanimity in the Council and EP consent
action to combat discrimination
strengthening citizens' rights
new areas of crime to come under common rules
establishment of European Public Prosecutor's Office
implementing measures for system of own resources
EP Regulations and Council’s consent
Regulations governing Members of EU Parliament.
Regulations for Ombudsman
Right of inquiry (with the consent of the Council and the Commission)
13. 2. Consent
Under the consent procedure the Council can adopt legislative proposals after obtaining the
consent of the European Parliament. The Parliament therefore has the power to accept or
reject a legislative proposal by an absolute majority vote, but cannot amend it. The Council
has no power to overrule the Parliament's opinion.
As a legislative procedure, consent is used when new legislation on combating
discrimination is being adopted and it also gives the Parliament a veto when the subsidiary
general legal basis is applied in line with Article 352 of the Treaty on the Functioning of the
EU.
The Parliament's consent is also required as a non-legislative procedure, when:
the Council adopts certain international agreements negotiated by the EU
in cases of a serious breach of fundamental rights (Article 7 of the Treaty on European Union)
for the accession of new EU members
arrangements for withdrawal from the EU
14. Source Of PPT
http://www.eudemocrats.org/fileadmin/user_upload/Documents/D-
Reader_friendly_latest%20version.pdf
