QUESTION: To what extend can one say that Council and the European Parliament are on an equal footing in the legislative process? Use examples if possible to back up your answer.
The Council of the European Union and the European Parliament both play an important role in the legislative process of the European Union. Once a proposal was submitted by the European Commission, Council and Parliament will decide on the issue by using one of four forms of legislative procedures: codecision, consultation or assent and cooperation. The choice of procedure depends on the policy area of the proposal. Influence and power of Parliament and Council differ depending on the type of legislative procedure in use. There are cases in which the Council is dominant, for example in the decision on the directive on software patents , and areas in which the Parliament is dominant, such as the decision on stock storage of telecommunication data in 2005.
Table of Contents
1. Legislative Process in the European Union
1.1 Codecision Procedure
1.2 Consultation Procedure
1.3 Assent Procedure
1.4 Cooperation Procedure
2. Conclusion
Objectives and Key Themes
The paper examines the institutional balance of power between the Council of the European Union and the European Parliament, specifically investigating to what extent these two bodies operate on an equal footing within the EU's diverse legislative procedures.
- Analysis of the Codecision procedure as a framework for institutional equality.
- Evaluation of the Council's dominant role in Consultation, Assent, and Cooperation procedures.
- Comparison of legislative influence across different policy areas.
- Discussion regarding the "second class Parliament" criticism.
Excerpt from the Book
The codecision procedure
The codecision procedure was introduced with the Treaty of Maastricht in 1993. Today, about eighty percent of all European Union decision making is done under codecision. In this procedure, the Council shares power equally with the Parliament. They both receive the Commission’s proposal at the same time in order to deliberate about it separately. The Parliament can then put forward its amendments which will be tried to be taken onboard by the Council. Today, codecision is mostly concluded in first reading, which means that the Council already agrees with the Parliament’s amendments. If, however, the Council does not agree, it can put forward a common position. In the second reading, the European Parliament can veto this. If this is the case, the process will start over with a new proposal being put forward by the Commission. If Parliament and Council cannot agree on the proposed legislation at all, it is put before a conciliation committee. The fact that this committee consists of an equal number of Council and Parliament members proves further the equality of the two bodies in this procedure. The committee’s agreement is then passed on to Parliament and Council so that law can be adopted. Conciliation however is only rarely used.
Summary of Chapters
1. Legislative Process in the European Union: This chapter provides an overview of the four primary legislative procedures used in the EU, noting that the choice of procedure significantly impacts the relative power of the Parliament and the Council.
1.1 Codecision Procedure: Describes the most common decision-making mechanism where the Parliament and Council hold theoretically equal power, utilizing readings and a conciliation committee to reach agreements.
1.2 Consultation Procedure: Explains how the Council maintains dominance in specific policy areas, as the Parliament’s input is merely advisory and not binding on the final legislative outcome.
1.3 Assent Procedure: Details a restricted process where the Parliament can only accept or reject a proposal in its entirety, limiting its ability to influence the specific content of critical decisions like EU enlargement.
1.4 Cooperation Procedure: Analyzes a mechanism intended to grant the Parliament more influence via a second reading, while noting that the Council still retains the ultimate power to block legislation.
2. Conclusion: Summarizes that while the Parliament and Council are equal during the initial legislative stages, the Council remains the primary actor across many key policy domains, leading to perceptions of a democratic imbalance.
Keywords
European Union, Legislative Process, European Parliament, Council of the European Union, Codecision, Consultation Procedure, Assent Procedure, Cooperation Procedure, Institutional Power, European Commission, Democracy, Policy Areas, Legislative Reform, Decision-making, European Integration.
Frequently Asked Questions
What is the fundamental focus of this paper?
The paper explores the institutional relationship between the European Parliament and the Council of the European Union, focusing on the power dynamics within the legislative process.
What are the primary thematic areas covered?
The text addresses the four main EU legislative procedures: codecision, consultation, assent, and cooperation, and how each affects institutional influence.
What is the central research question?
The study asks to what extent the Council and the European Parliament can be considered to be on an equal footing within the EU legislative framework.
Which scientific methodology is applied?
The work utilizes a comparative analysis of legislative procedures, supported by practical examples of past policy decisions to evaluate institutional dominance.
What is the main subject of the chapters?
The chapters break down the specific powers afforded to each institution under the four distinct legislative procedures mentioned in EU treaties.
Which keywords characterize this work?
Core keywords include European Union, legislative process, institutional power, codecision, and legislative influence.
How does the Codecision procedure differ from others?
In Codecision, the Parliament and Council hold balanced, shared power, whereas in procedures like Consultation, the Council maintains significantly higher competence and authority.
Why is the Parliament sometimes called a "second class Parliament"?
This label stems from the fact that in several key areas—such as foreign affairs and taxation—the Parliament lacks the blocking power and legislative weight enjoyed by many national parliaments.
What role does the European Commission play in this process?
The Commission holds the exclusive right to propose legislation, which serves as the starting point for all legislative processes discussed in the paper.
How does the accession of new Member States relate to legislative procedures?
The accession process is handled under the Assent procedure, where the Parliament's role is limited to a binary vote of approval or rejection without the ability to amend proposals.
- Citation du texte
- BA Julia Christin Bauer (Auteur), 2008, European Decision Making and Legislative Process: Council and the European Parliament , Munich, GRIN Verlag, https://www.grin.com/document/119469
