3. The Main Decision-Making Procedures

The three main decision-making procedures are the consultation, the assent and the co-decision procedure.

The consultation procedure

The consultation procedure enables the European Parliament to give its opinion on a proposal from the Commission. In the cases laid down by the Treaty, the Council must consult the European Parliament before voting on the Commission proposal and take its views into account. However, it is not bound by the Parliament's position but only by the obligation to consult it.

Under the consultation procedure the right of initiative – as in all other cases – is in the hand of the Commission. On the proposal initiated by the Commission the Council consults Parliament as well as the European Economic and Social Committee and the Committee of the Regions. The Parliament can (a) approve the Commission proposal, (b) reject it, (c) or ask for amendments. If Parliament asks for amendments, the Commission will consider all the changes Parliament suggests. If it accepts any of these suggestions it will send the Council an amended proposal. The Council examines the amended proposal and either adopts it or amends it further. In this procedure, as in all others, if the Council amends a Commission proposal it must do so unanimously.

The assent procedure

The assent procedure requires the Council to obtain the European Parliament's assent before certain important decisions are taken. Parliament may accept or reject a proposal but cannot amend it. If Parliament does not give its assent, the act in question cannot be adopted.

The assent procedure applies for example to the accession of new Member States, association agreements and other fundamental agreements with third countries, the appointment of the President of the Commission, the uniform procedure for elections to the European Parliament. for sanctions imposed on a Member State for a serious and persistent breach of fundamental rights.

Co-decision procedure

The co-decision procedure (Article 251 of the EC Treaty) was introduced by the Treaty of Maastricht. It gives the European Parliament the power to adopt instruments jointly with the Council of the European Union. Increasing the democratic nature of Community action requires Parliament to participate in exercising legislative power. Thus, any legislative instrument adopted by Qualified majority in the Council is likely to fall within the scope of the co-decision procedure. In most cases, therefore, co-decision with the Parliament goes together with Qualified majority voting in the Council.

The procedure comprises one, two or three readings. In practice, it has strengthened Parliament's legislative powers. It should be applied for example in the following fields: the free movement of workers, right of establishment, services, the internal market, education (incentive measures), health (incentive measures), consumer policy, trans-European networks (guidelines), environment (general action programme), culture (incentive measures) and research (framework programme), social exclusion, public health and the fight against fraud affecting the European Community's financial interests, visas, asylum, immigration and other policies relating to the free movement of persons.

The co-decision procedure now puts the two institutions, the Council and the Parliament on an equal footing in the legislative roles. Under this procedure, the Council cannot adopt a common position if the process of conciliation with Parliament fails. If no agreement is reached, the legislative process is liable to be broken off. Co-decision has become the most important procedure in legislative practice.

In the co-decision procedure as the first step the Commission submits its proposal to the Council and the European Parliament at the same time. The debate on the proposal begins simultaneously in the two institutions (first reading), but officially it is the Parliament who has right to decide (deliver opinion) about the proposal (support, reject, amend). The Council adopts its position after the Parliament’s opinion. If the Council adopts the Parliament’s proposals the procedure ends. If the Council can not agree with the proposal of the Parliament it submits its own proposal (its common position to that latter) and the second reading of the procedure starts.

In the second reading strict deadlines are to be applied. The Parliament has to decide about the Council common position in three month. It has the opportunity (1) not to deliver an opinion, (2) adopt the Council’s position, (3) reject the Council’s position by an Absolute majority, (4) propose amendments to the Council’s position. In the first two cases if the Council adopts the act on the basis of the common position the procedure ends. If the Parliament rejects the common position the procedure also ends without a legislative result. In the case of Parliament amendments the Council has to consider its elements in three month. If the Council adopts every proposal of the Parliament the procedure ends. If it can not agree with them the third reading starts with a special conciliation procedure between the Council and the Parliament, composing a committee of the members of the two institutions on equal footing. The conciliation committee has to find the legislative compromise within 6 weeks (which could be extended with two more weeks) which could be adopted by Qualified majority of the Council and the majority of the members of the European Parliament.

In the second reading strict deadlines are to be applied. The Parliament has to decide about the Council common position in three month. It has the opportunity (1) not to deliver an opinion, (2) adopt the Council’s position, (3) reject the Council’s position by an absolute majority, (4) propose amendments to the Council’s position. In the first two cases if the Council adopts the act on the basis of the common position the procedure ends. If the Parliament rejects the common position the procedure also ends without a legislative result. In the case of Parliament amendments the Council has to consider its elements in three month. If the Council adopts every proposal of the Parliament the procedure ends. If it can not agree with them the third reading starts with a special conciliation procedure between the Council and the Parliament, composing a committee of the members of the two institutions on equal footing. The conciliation committee has to find the legislative compromise within 6 weeks (which could be extended with two more weeks) which could be adopted by qualified majority of the Council and the majority of the members of the European Parliament.

Exercise 12