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T he Codecision Procedure

T he Codecision Procedure. Katrin Huber & Nikolaos Tziorkas , Conciliation and Codecision Secretariat, European Parliament Budapest, 2 & 8 April , 2009. 785 Members 7 political groups European elections every 5 years 20 parliamentary committees.

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T he Codecision Procedure

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  1. The Codecision Procedure Katrin Huber & Nikolaos Tziorkas, Conciliation and Codecision Secretariat, European Parliament Budapest, 2 & 8 April, 2009

  2. 785 Members 7 political groups European elections every 5 years 20 parliamentary committees OVERVIEW OF EP STRUCTURE AND FUNCTIONING

  3. BREAKDOWN BY POLITICAL GROUPS

  4. Committee on Foreign Affairs Committee on Development Committee on International Trade Committee on Budgets Committee on Budgetary Control Committee on Economic and Monetary Affairs Committee on Employment and Social Affairs Committee on the Environment, Public Health and Food Safety Committee on Industry, Research and Energy Committee on the Internal Market and Consumer Protection Committee on Transport and Tourism COMMITTEES • Committee on Regional Development • Committee on Agriculture and Rural Development • Committee on Fisheries • Committee on Culture and Education • Committee on Legal Affairs • Committee on Civil Liberties, Justice and Home Affairs • Committee on Constitutional Affairs • Committee on Women's Rights and Gender Equality • Committee on Petitions • Subcommittee on Human Rights • Subcommittee on Security and Defence

  5. EP CALENDAR

  6. LEGISLATIVE PROCEDURE CODECISION • Basic texts: • Procedure set out in Article 251 EC Treaty • - Scope of the procedure: 43 areas of Community action • Joint Declaration on practical arrangements for the codecision procedure (OJ C145 of 30.3.2007, p.5)

  7. LEGISLATIVE PROCEDURECODECISION Main characteristics: • Parity between the two co-legislators: Parliament and Council • Up to three readings in each institution, with possibility to conclude at each stage • Looks complicated but designed to reach agreement (ex. different deadlines in 1st , 2nd and 3rd reading) • If no agreement  no legislation

  8. CODECISION - FIRST READING • Commission proposal referred to Parliament • Committee stage: • Possibility of joint involvement of several committees (lead and opinion) • Appointment of rapporteur • Actors: • Political level: committee chair, rapporteur, shadow rapporteur, coordinators, other MEPs • Technical level: committee secretariat, CODE, staff of political groups, MEP’s assistants, legal service, tabling office etc.

  9. Committee proceedings: presentation of the proposal by the Commission, “fact-finding”, draft report of the rapporteur, deadline for amendments, vote CODECISION - FIRST READING

  10. CODECISION - FIRST READING • Plenary: • Adoption in plenary (SIMPLE majority) • NO time limits • Possible conclusion at 1st reading after informal negotiations • Otherwise Council’s Common Position after EP 1st reading

  11. CODECISION - SECOND READING • Time limit: 3 months (possible extension to 4 months) • Only the lead committee deals with the dossier • Adoption Plenary (ABSOLUTE majority - 393 out of 785) • Possible rejection • Possible conclusion at second reading (“early second reading agreement” or “normal” second reading agreement) • Otherwise conciliation

  12. MAIN DIFFERENCES BETWEEN THEFIRST AND THE SECOND READING

  13. CODECISION - CONCILIATION ANDTHIRD READING • Final stage of the codecision procedure, if Council does not approve all EP second reading amendments • Aim for Council and EP: reach agreement on a joint text with the help of the Commission • Strict deadlines (3 x 6-8 weeks) • If agreement – third reading: approval of joint text by EP plenary (SIMPLE majority) and Council Note: No agreement in Conciliation Committee or failure to approve joint text either by EP or by Council = Act falls

  14. NEGOTIATION PROCESS DURING THE CONCILIATION PHASE EP DELEGATION COREPER I mandate TRILOGUE EP DELEGATION COREPER I mandate CONCILIATION

  15. DIFFERENCES between 1st/2nd READINGand CONCILIATION with 3rd READING

  16. RECENT TRENDS IN CODECISION • Increasing number of 1st and 2nd reading agreements • “Early” second reading agreements (e.g. financial perspectives package) • “Code of conduct for Codecision Negotiations” • EP rejection in 1st reading (e.g. Port services -Jarzembowski report) • Negotiations in trilogues during conciliation phase • Recent involvement of new policy fields in codecision (e.g. asylum policies)

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