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Decision-making process in the EC

Decision-making process in the EC. @ Nikolay Kaveshnikov, Moscow State Institute of International Relations (University). European Council. political guidelines. European Commission. European Parliament. decision-making. Council of Ministers. Secondary legislation may be adopted by….

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Decision-making process in the EC

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  1. Decision-making process in the EC @Nikolay Kaveshnikov,Moscow State Institute of International Relations (University)

  2. European Council political guidelines European Commission European Parliament decision-making Council of Ministers

  3. Secondary legislation may be adopted by… • Council of ministers • proposal from the Commission (sometimes without) • mostly decisions • Commission • within its powers • delegated legislation • mostly decisions • European parliament acting jointly with the Council • proposal from the Commission • different procedures • practically all regulations and directives

  4. The European Commission • Sole right of legislative initiative • only Commission • may amend the proposal • may remove the proposal • De jure – simple majority

  5. The European Parliament • Various types of involvement • Amendments by simple majority (usually) • Rejection by absolute majority

  6. Members of the European Parliament(Nice Treaty) Germany 99 Slovakia 13 France 72 Ireland 12 Italy 72 Lithuania 12 UK 72 Latvia 8 Spain 50 Slovenia 7 Poland 50Estonia 6 Netherlands 25 Luxembourg 6 Belgium 22 Cyprus 6 Greece 22 Malta 5 Portugal 22 Czech Rep. 20TOTAL (25) 682 Hungary 20 Sweden 18 Romania 33 Austria 17 Bulgaria 17 Denmark 13 Finland 13 TOTAL (27) 732

  7. The Council of Ministers • Simple majority - procedural issues • Unanimity - industry, taxation, R&D programmes, regional and social funds… • Qualified majority voting (QMV) • - agriculture, fisheries, the internal market, environment, transport... 

  8. The Council of Ministers: QMV(before Nice Treaty) votes population, mln. persons per 1 vote Germany 10 82,5 8,3 France 10 59,6 6,0 UK 10 59,1 5,9 Italy 10 57,1 5,7 Spain 8 40,7 5,1 Netherlands 5 16,2 3,2 Greece 5 11,0 2,2 Belgium 5 10,4 2,1 Portugal 5 10,4 2,1 Sweden 4 8,9 2,2 Austria 4 8,1 2,2 Denmark 3 5,4 1,8 Finland 3 5,2 1,7 Ireland 3 4,0 1,3 Luxembourg 2 0,4 0,2 Total = 87QM = 62

  9. The Council of Ministers: QMV(before and under Nice Treaty) • Before NT: double majority • Majority of MS • QMV: 62/87 votes = 71% - blocking minority of 26 = 2 big MSs + 2 small/medium MSs • Under NT: triple majority + redistribution of votes • Majority of MS • QMV: 258/345 votes = 74% • 62% of EU population protect big MSs

  10. The Council of Ministers: QMV(under Nice Treaty) Germany 29 Slovakia 7 France 29 Ireland 7 Italy 29 Lithuania 7 UK 29 Latvia 4 Spain 27 Slovenia 4 Poland 27Estonia 4 Netherlands 13 Luxembourg 4 Belgium 12 Cyprus 4 Greece 12 Malta 3 Portugal 12 Czech Rep. 12TOTAL (25) 321; QM = 232 (72%) Hungary 12 Sweden 10 Romania 14 Austria 10 Bulgaria 10 Denmark 7 TOTAL (27) 345; QM = 258 (74%) Finland 7

  11. The Council of Ministers: QMV(under Nice Treaty and under Constitutional Treaty) • Under NT: triple majority • a majority of MSs • QMV: 258/345 votes = 74% • 62% of EU population - blocking minority of 38% = Germany + 2 big MSs • Under CT: double majority + repealing of votes • majority of MSs – 55% • 65% of EU population - blocking minority of 35% = 3 big MSs • blocking minority – at least 4 MSs protect big MSs protect small/medium MSs

  12. Decision-making procedures • Basic (COM + CM) • Consultation (COM + EP+ CM) • Co-operation (COM + EP+ CM) • Co-decision (COM + EP+ CM) • Assent (COM + EP+ CM)

  13. Basic legislative procedure CM COM DGs COREPER proposal legislative act (regulation, directive, decision) • If CM acts by QMV • CM adopts proposal by QMV • CM amends proposal by unanimity

  14. Consultation procedure COM EP COM CM Legislative act proposal opinion(amendments) • If COM supports some EP’ amendments • CM adopts these amendments by QMV • CM rejects these amendments by unanimity • (amended) proposal • opinion (on EP’ amendments)

  15. Consultation procedure • CM can ignore EP’ amendments • If COM supports EP’ amendments, it is easier for CM not to change them • Areas • JHA cooperation • Measures on preventing discriminations • EU citizenship • Agriculture • Police cooperation • Competition • Taxes • Economic policy

  16. Co-operation procedure 2 ( ) COM EP COM CM • introduced by SEA, 1985 • two readings • EP can amend the proposal • EP can reject the proposal at the second reading by absolute majority • CM can overrun EP’ veto • EMU issues

  17. Co-operation procedure 1st reading COM EP COM CM common position proposal opinion(amendments) • (amended) proposal • opinion (on EP’ amendments)

  18. Co-operation procedure 2nd reading COM EP COM CM no common position leg. act opinion(amendments) • (amended) proposal • opinion (on EP’ amendments) CM

  19. Co-decision procedure 2 ( ) COM EP COM CM Conciliation committee • introduced by Maastricht Treaty, 1992 • two readings + conciliation mechanism • EP can reject the proposal after the conciliation mechanism • CM can not overrun EP’ veto

  20. Co-decision procedure 1st reading COM EP COM CM common position proposal opinion(amendments) • (amended) proposal • opinion (on EP’ amendments)

  21. Co-decision procedure 2nd reading adopts EP’ amendments -legislative act yes COM COM CM EP no common position Conciliation committee opinion(amendments) opinion (on EP’ amendments)

  22. Co-decision procedureConciliation committee (3rd reading) no EP legislative act yes Conciliation committee yes CM final text no

  23. Co-decision procedure • Areas • Free movement of workers • non-discrimination on the basis of nationality • Right to move and reside • Transport • Internal market • Employment • Custom cooperation • Education • Vocational training • Culture • Health • Consumer protection • TENs • Research • Environment • Anti-fraud measures…

  24. Assent procedure COM EP yes CM no proposal legislative act • EP can not amend the proposal • ‘double key’ principle • Few most important issues • accession treaties • association treaties

  25. Basic tendencies of evolution • More QMV in the Council • More powers fro the EP • More activities of NGOs • More unofficial consultations with national parliaments

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