THE DECISION MAKING PROCESS IN THE EUROPEAN UNION

THE DECISION MAKING PROCESS IN THE EUROPEAN UNION Copyright, 1996 © Dale Carnegie & Associates, Inc. The impact of the EU decisions  All areas of public policy: market regulation, social policy, environment, agriculture, regional policy,research and development, policing and law and order, citizenship,human rights, international trade, foreign policy, defence,consumer affairs, transport, public health, education and culture  EU sets Over 80% of rules governing the production, distribution, exchange of goods, services and capital  About 300 of pieces of legislation pass through the EU institutions every year, more than in any other single set of policy institutions in the democratic world  Primary and secondary acts of the EU are supreme over national law. Most of the acts have direct effects and create rights for individuals. Powerful indirect effect on the distribution of resources between individuals, groups and nations in Europe  Several Member states receive around 5% of their gross domestic product from the EU budget Institutions and powers  The European Council: set up guidelines and objective. Final agreements. Reform of the Treaty.  European Commission: right of initiative; delegated implementing powers. Control over Member States Economic policy.  European Parliament: represents citizens. Legislator  Council of the EU: represents Governments of Member States. General Legislator Implementing powers. Sets the political agenda (with the Commission)  Court of justice: judge of the legality of acts  European Central Bank: monetary policy  Groups: governments, political parties, lobbies  Real democratic system  Supranational governance: EU is a complex institutional and policy environment with different actors: institutions, national governments Number of seats in the Council Member State Number of seats current Nice treaty Candidate countries Number of seats Nice treaty GERMANY UNITED KINGDOM FRANCE ITALY SPAIN NETHERLANDS GREECE BELGIUM PORTUGAL SWEDEN AUSTRIA DENMARK FINLAND IRELAND LUXEMBOURG 10 10 10 10 8 5 5 5 5 4 4 3 3 3 2 29 29 29 29 27 13 12 12 12 10 10 7 7 7 4 POLAND ROMANIA CZECH REPUBLIC HUNGARY BULGARIA SLOVAKIA LITHUANIA LATVIA SLOVENIA CYPRUS ESTONIA MALTA current total Nice treaty total 27 14 12 12 10 7 7 4 4 4 4 3 87 345 Number of seats in the EP Member State Number of seats current Nice treaty Candidate countries Number of seats Nice treaty GERMANY UNITED KINGDOM FRANCE ITALY SPAIN NETHERLANDS GREECE BELGIUM PORTUGAL SWEDEN AUSTRIA DENMARK FINLAND IRELAND LUXEMBOURG 99 87 87 87 64 31 25 25 25 22 21 16 16 15 6 99 72 72 72 50 25 22 22 20 18 17 13 13 12 6 POLAND ROMANIA CZECH REPUBLIC HUNGARY BULGARIA SLOVAKIA LITHUANIA LATVIA SLOVENIA CYPRUS ESTONIA MALTA current total Nice treaty total 50 33 20 20 17 13 12 8 7 6 6 5 626 732 Legislative procedures Codecision Consultation Assent Presentation of the codecision procedure Proposal from the Commission to the EP and Council Parliament first reading: no EP amendaments Parliament first reading: EP amendaments Council first reading:the Council does not modify the text Commission opinion on EP amendamentes The act is adopted Council first reading: The Council does not approve all the amendaments and adopts a common position Council first reading: the Council approves all amendaments Commission opinion on the common position The act is adopted Parliament second reading: (deadline 3 + 1 months) Parliament approves the common position or does not take a decision within the deadline Parliament adopts amendamentsto the common position (absolute majority of its Members) Parliament rejects the common position by an absolute majority of its Members The act is adopted Commission opinion on the common position The act is not adopted Council second reading (deadline 3 + 1 months) The Council approves all Parliament's amendments The Council does not approve all Parliament's amendments The act is adopted Conciliation Committee is convened within a period of 6 + 2 weeks, and has a futher 6 + 2 weeks to reach agreement Successful conclusion to conciliation Unsuccessful conclusion to conciliation The EP and Council are unable to adopt the joint text within the period of 6 + 2 weeks Third reading: Within a period of 6 + 2 weeks, approval of the joint text by the EP (majority of votes cast) and by the Council (QMV) The act is not adopted The act is not adopted The act is adopted The codecision procedure: article 251 of the EC Treaty. The European Commission and the legislative initiative Monopoly of the right of initiative How a legislative proposal raises Preconsultation procedure: green papers, communications Open debate: citizens, institutions, interest groups,lobbies Adoption of the legislative proposal. Legal basis and type of act The proposal is transmitted to Parliament and Council First reading: The procedure in Parliament The proposal is referred by the President of Parliament to the committee responsible. Preparatory works in committee Appointment of the rapporteur Role of the Commission Dialogue with the Council. Amendments to the Commission proposals Adoption of the report Plenary session Amendments to the proposal Debate. Role of the Commission Vote The role of Political groups In Committee In Plenary First reading: the procedure in Council Proposal examined by: Working group. Role of the Commission. Dialogue with the Parliament: parallel examination with the relevant parliamentary committee Coreper Council Voting in Council: adoption of the act or common position Second reading: the procedure in Parliament Deadline: 3+1 months Common position referred to the committee Committee stage Recommendation for second reading Plenary stage Voting by qualified majority. Implications Approval, rejection or amendments to the common position. Second reading: The procedure in Council Deadline: 3+1 months Examination by the Working group Examination by the Coreper Decision by the Council: Unanimity voting if the Commission expressed negative opinion on EP amendments • All EP amendments accepted: adoption of the act by the Council • Not all amendments accepted: Convening of the Conciliation Committee Conciliation Committee  Convened in 6+2 weeks by President of Parliament and President of Council  Preparatory phase  Informal dialogue. Technical meetings Delegations: Representatives of Members States(15), Chaired by the President of the Council in office 15 Representatives of EP: 6 EPP/ED, 5 PSE, 1 ELDR, 1 GUE/NGL, 1 GREENS/EFA, 1 rotating place between UEN or EDD. Chaired by 1 of the 3 Vicepresidents of EP permanent Member of the EP delegation. Chairmanship: Jointly President of the Council, President of the EP  Preparatory meetings of the delegations EP delegation: mandate to the negotiation team and position on Council amendments Council delegation: Coereper established in advance Council’s negotiating position and Presidency’s mandate. Conciliation Procedure Official meeting of the Conciliation committee. Meetings of the delegations Official trialogue Delegations to the trialogue Parliament: Chairman of the delegation, Chairman of the committee, rapporteur, shadow rapporteurs Council: Chairman of Coreper. Ev. following Presidency of the Council Unbalanced representation: EP at political level Council at technical level Conciliation Procedure: Role of the European Commission The Commission takes part in the Conciliation Committee’s proceedings. Task: to reconciling the positions of the European Parliament and the Council. Representation a) Formal meetings: Commissioner responsible b) Informal meetings: senior officials To the Joint text Basic text for Conciliation: Common position on the basis of the amendments proposed by the European Parliament Compromises proposed by European Parliament, Council and Commission No agreement: act not adopted Agreement: Joint text. Adoption Decision: Council delegation by Qualified Majority. EP delegation by majority of the Members of the delegation Third reading: vote on the joint text Council: Decision by qualified majority Parliament Report to the Parliament by the Chairman of delegation Decision: majority of the vote cast Act is adopted, is signed by President of Council and Parliament and published on the OJ of the EU Joint text is not adopted by Council or Parliament. Act is not adopted. New procedure can be put in place The transposition and the implementation of the acts Directives have to be transposed in National legal orders Regulations: adaptation of national legal orders The implementation: powers delegated to the Commission of the Treaty and comitology. EU has no powers of coercion Main policy areas coverd by the EU’s legislative procedure. Co-Decision Regulation: -Internal Mkt-free movement of workers / right of establishment / harmonization -Internal Mkt-social security for migrant workers / regulation of professions (both unanimity) -Social-gender equality /health & safety /working conditions /worker consultation /social exclusion -Environment-general policies / adoption of action programmes -Employment-measures for cooperation on employment -Education/Vocational Training/Culture-most areas (unanimity in Culture) -Public Health/Consumer Protection-certain public health standards / all consumer protection laws -Transport-implement common transport policy / sea and air transport / trans European networks Expenditure: -Cohesion-implementation / actions outside structural funds -Research-adoption and implementation of multiannual framework programmes Citizen: -facilitate free movement & residence / non-discrimination on grounds of nationality external borders -(deferred) /visas for non-EU nationals /asylum /temporary protection of refugees External: -strengthen customs cooperation -Development Aid-all areas General: -access to documents / countering fraud / statistics / est. of data protection body Main policy areas covered by the EU’s legislative procedures. Cooperation Consultation Regulation: -Internal Mkt-harmonization of indirect taxation (unan.) / liberalization of services -Competition Policy-rules applying to private sector competition / state aids policy -Social-social security/termination of employment contracts/rights of third country nat’s (all unan.) -Environment-regulations with tax implications (unanimity) -Employment-annual employment policy guidelines for member states Expenditure: -Common Agricultural Policy-all areas EMU: -excessive deficit procedure Citizen: -anti-discrimination / voting in EP elections / extension of EU citizens’ rights (all unan.) -internal borders / immigration / extradition (unan. in most areas) -Police & Judicial Cooperation-all areas (initiative by m.state or Com. + unan. in some areas) External: -extension of Common Commercial Policy to intellectual property and services General: -appointment of ECB officials/implementing powers to Com./calling an IGC (all unanimity) -Flexible Integration-authorization (unan. in Euro. Council if ‘vital national interest’ threatened) -adoption of a measure not covered by the Treaty (unanimity) Main policy areas covered by the EU’s legislative procedure. Cooperation Assent Expenditure: -cohesion-define objectives and organization of the structural funds EMU: -confer specific tasks on the ECB / amend ECB statutes (both unanimity) Citizen: -breach of human rights by m.state (initiative by 1/3 m.st’s, Com. Or EP + unan.) External: -acceptance of new members states to the EU (initiative by m.states + unanimity) -most international agreements / association agreements (both unanimity) General: -appointment of Com. President and Commissioners / EP election procedure (both unan.) No EP Powers Regulation: -Employment/Education/Culture/Public Health-recommendations to m.states (unan. in Culture) EMU: -economic policy guidelines / breach of excessive deficit / international agreements Citizen: -application of Schengen Protocol (unan.) / emergency measures on immigration External: -common customs tariff -common Commercial Policy-most areas -common Foreign, Security & Defence Policy-all areas (Council initiative + unan. in most areas) General: -rules governing languages of the EU institutions / approval of internal rules of ECJ & COA The comitology: Requirements in implementing powers Article 202 of the Treaty and Decision 1999/468/EC Advisory procedure Management procedure Regulatory procedure Proposal from the Commission to amend Decision 1999/468/EC Alternative methods of regulation: new balance Open Method of Coordination: European Council sets basic guidelines on domestic policies. Commission warns Member states if they deviate. Naming and shaming Coregulation: mandate to interest parties to reach an agreement. Self regulation: recognition of existing agreements reached by interested parties Presentation of the codecision procedure Proposal from the Commission to the EP and Council Parliament first reading: no EP amendaments Parliament first reading: EP amendaments Council first reading:the Council does not modify the text Commission opinion on EP amendamentes The act is adopted Council first reading: The Council does not approve all the amendaments and adopts a common position Council first reading: the Council approves all amendaments Commission opinion on the common position The act is adopted Parliament second reading: (deadline 3 + 1 months) Parliament approves the common position or does not take a decision within the deadline Parliament adopts amendamentsto the common position (absolute majority of its Members) Parliament rejects the common position by an absolute majority of its Members The act is adopted Commission opinion on the common position The act is not adopted Council second reading (deadline 3 + 1 months) The Council approves all Parliament's amendments The Council does not approve all Parliament's amendments The act is adopted Conciliation Committee is convened within a period of 6 + 2 weeks, and has a futher 6 + 2 weeks to reach agreement Successful conclusion to conciliation Unsuccessful conclusion to conciliation The EP and Council are unable to adopt the joint text within the period of 6 + 2 weeks Third reading: Within a period of 6 + 2 weeks, approval of the joint text by the EP (majority of votes cast) and by the Council (QMV) The act is not adopted The act is not adopted The act is adopted