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CODECISION IN PRACTICE

CODECISION IN PRACTICE. Presented by Nikos TZIORKAS European Parliament - Conciliations and Codecision. CODECISION: an overview. Procedure set out in Article 251 EC Treaty Parity between the two co-legislators (Parliament and Council): If no agreement  no legislation !

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CODECISION IN PRACTICE

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  1. CODECISION IN PRACTICE Presented by Nikos TZIORKAS European Parliament - Conciliations and Codecision

  2. CODECISION: an overview • Procedure set out in Article 251 EC Treaty • Parity between the two co-legislators (Parliament and Council): If no agreement  no legislation ! • Scope of the procedure: 43 areas of Community action • (92 areas under the Constitution) • Up to three readings in each institution, with possibility to conclude at each stage (different majorities!) • Strict time limits after adoption of the common position

  3. INCREASE IN NUMBER OF PROCEDURES

  4. EVOLUTION OF THE STAGE OF CONCLUSION 1999 - 2004 Source: Activity report 1999-2004

  5. “CUSTOMERS” OF CODECISION1999 - 2004

  6. FIRST READING • Commission proposal (‘right of initiative’) • Announcement in Plenary – Referral to committee • Possibility of joint involvement of several committees (lead and opinion giving committees) • Appointment of rapporteur • Committee report: recommendation for Plenary • Adoption in Plenary (SIMPLE majority!) • Possible conclusion at 1st reading •  If no agreement: COUNCIL’s Common Position

  7. SECOND READING • Time limit: 3 months (possible extension to 4 months) • Only the lead committee deals with the dossier • Committee report: recommendation for Plenary • Adoption Plenary (absolute majority: 367 out of 732) • Possible rejection (e.g. Software patents): end of procedure • Possible conclusion at second reading • if not  COUNCIL: second reading (3/4 months)

  8. ADMISSIBILITY CRITERIAAT SECOND READING Second reading amendments only admissible if they seek to: • restore Parliament’s first reading position or • reach a compromise between Council and Parliament or • amend a part of the Common Position which is new, compared to the Commission proposal or • take account of a new fact or legal situation. Note: Rule applied more flexibly after European elections

  9. CONCILIATION • Third and final stage of the codecision procedure • Always applies if Council does not approve all EP second reading amendments • Negotiations based on Common Position + EP second reading amendments (but, Court ruling in IATA case!) • Aim is to reach agreement on a joint text • Commission role: facilitator of agreement

  10. CONCILIATION deadlines and types of meetings • After the Council’s second reading: • 6/8 weeks to convene the Conciliation Committee • 6/8 weeks to find an agreement • 6/8 weeks for approval by EP Plenary and Council • EP Delegation – COREPER I • Conciliation committee • ‘Trialogues’

  11. 3 Vice-Presidents Committee chairman Rapporteur Greens/EFA 1 MEP GUE/NGL 1 MEP IND/DEM 1 MEP UEN 1 MEP EP DELEGATION: 25 MEMBERS EPP-ED 10 MEPs PES 8 MEPs ALDE 3 MEPs

  12. EP DELEGATION

  13. CONCILIATION COMMITTEE • An interinstitutional body made up of representatives of EP and Council • Council delegation: 25 Ministers or their representatives • EP delegation: 25 MEPs nominated by political groups • A separate Conciliation committee for each conciliation procedure

  14. CONCILIATION COMMITTEE

  15. TRIALOGUE: NEGOTIATORS OF THE THREE INSTITUTIONS • European Parliament - Vice-President - Rapporteur - Committee Chairman • Council Presidency - chair of COREPER I • Commission - High-level official (Director-General/Director)

  16. TRIALOGUE

  17. Tool: 4-COLUMN WORKING DOCUMENT

  18. THIRD READING • Joint text (‘PE-CONS’): must be approved by EP Plenary (SIMPLE majority) and Council • No new amendments possible! • Approval of joint text by EP + Council = Act adopted • Rejection by either EP or Council = Act falls and procedure can be re-launched only with new Commission proposal • Two cases of rejection by Parliament so far

  19. DIFFERENCES BETWEEN 1st/2nd READING AND CONCILIATION

  20. 1st/2nd READING Rapporteur Committee chair Shadow rapporteurs + Coordinators Members of the committee CONCILIATION Rapporteur Vice-President chairing EP delegation Committee chair Members of the EP delegation (incl. shadows) PLAYERS ON THE PARLIAMENT SIDE

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