Self-Control Exercise on Legislative Procedures

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(a) The consultation procedure. Under the consultation procedure, the submits a proposal to the Council; the European Parliament gives its opinion on the Commission’s proposal to the . On the basis of that opinion, the Commission may amend its draft. The then examines the proposal, may amend the proposal., adopt it as it is, or reject it. The Council adopts the proposal by qualified majority or . If the Council chooses to reject the Commission’s proposal – it must act on unanimity. If foreseen in an Article of the TFEU as a legal basis, consultation is compulsory and the adoption of the act depends on the ’s opinion. The scope of the consultation procedure was significantly diminished by the Lisbon Treaty, bringing some areas from under that procedure under the ordinary legislative procedure, and some areas under the consent procedure.
(b) The ordinary legislative procedure. Ordinary legislative procedure is regulated by Article 294 TFEU, which Article foresees readings after the Commission has proposed an act to the and the Council of the EU. Under the first reading the European Parliament adopts its position and communicates it to the . If the Council approves the position, the act will be adopted, but if the does not approve the position, it adopts its own position and communicates it to the for a second reading. Under the second reading, if the has not taken a decision within three months, the act concerned shall be deemed to have been adopted in the wording which corresponds to the position of the Council; if the approves the Council’s position, the act concerned shall be deemed to have been adopted in the wording which corresponds to the position of the . In case the European Parliament rejects the Council’s position, the proposed act shall be deemed not to have been adopted; or if the European Parliament proposes amendments to the Council's position, the text thus amended shall be forwarded to the Council and to the , which is expected to give an opinion on those amendments. If the approves all those amendments acting by a qualified majority, the act shall be deemed to have been adopted; if the Council does not approve the amendments, a meeting of the is convened. Under the , if the Conciliation Committee approves a joint text, the act is adopted if approved by the Council by a qualified majority, and by the Parliament by a of the votes cast. If the fails to approve the text – the act shall be deemed not to have been adopted. The Lisbon Treaty renamed the procedure, and extended it to forty new fields (Chalmers, Monti 2008:35).
(c) The consent procedure. The consent procedure means that the must agree positively to the adoption or repeal of a measure. The cannot adopt the proposal without the Parliament’s agreement.