Detailed operation of the procedure of joint decision

principal Article: Joint decision

The procedure of joint decision is the process (sometimes long) which allows the Parlement and with the European Conseil to validate legislative acts of the European Community. Installation by the Treated of Maastricht in 1993, it was simplified and its field widened by the treaties of Amsterdam (1999) and of Nice (2003).

The numbers of quoted articles refer to the Traité establishing the European Community (TCE) in its consolidated version, or to the internal payments of the various institutions of the Union. A summarized and simplified version, as well as a short history, can be found in the article principal associate.

One distinguishes 3 distinct phases in the procedure: 1st and 2nd readings, and conciliation. At the conclusion of each one among it, the text can be accepted or rejected

Commission proposal

First reading

At the Parliament

The European Parliament delivers an opinion in first reading. This opinion, prepared by a rapporteur chosen among the elected officials of the EP, is discussed and amended within the qualified parliamentary commission, then in plenary session, which adopts it in the majority simple (art 251 §2 TCE and Article 34 - 40 and 38 - 53 of the internal payment of EP (IH)). The relations between the European Parliament and the Commission, with regard to the legislative process, are controls generally by the Outline agreement on the relations the European Parliament and the Commission, which dates from the year 2000.

The treaty does not fix any time for the opinion of the European Parliament. In practice, this phase lasts on average 8 months, but can be however much longer according to the technical difficulty or policy of the files. If the parliamentary commission responsible for the file does not propose amendments, the European Parliament tends to use lighter and fast procedures (Article 131 and 43 of the internal payment of the EP).

Work in parliamentary commission

The qualified parliamentary commission at the bottom is indicated like those consulted for opinion (Article 40 payment internal of the EP). The legal base and the financial aspects can be evaluated by the qualified parliamentary commissions for the legal or budgetary questions (Article 35 and 36 IH).

Within the qualified parliamentary commission, the coordinators (appointed representatives political groups) allot the preparation of the draft report to a rapporteur (Article 42 IH) selected according to a system of Pondération representative of the weight of each political group within the commission.

The other political groups can also name a " shadow-rapporteur " who will be charged to prepare the position of these groups and to follow the work of the rapporteur.

The draft report prepared by the rapporteur is studied during several meetings in parliamentary commission. The rapporteur, the Appointed S members or temporary of the parliamentary commission concerned (but also of all the other parliamentary commissions of the European Parliament), can propose amendments on their behalf with the Commission proposal. These amendments all are submitted to the vote of the responsible parliamentary commission at the bottom, in the majority simple. The vote of a report/ratio is concluded by a vote on the Commission proposal as amended and votes it of a legislative resolution (Article 46 and 185 of the internal payment of the EP).

Adoption in plenary session

Once the report/ratio adopted in parliamentary commission, it is put at the day order of the plenary session.

Additional amendments with the report/ratio, which includes the amendments adopted in parliamentary commission, can be deposited in the name of the groups political or of 37 deputies at least (Article 150 IH) and subjected to the vote of the plenary one. The time of deposit of new amendments into plenary, in general, is fixed at the Thursday of the week preceding the session, with 12:00.

At the time of the Debate into plenary which precedes the vote, the Commissioner in charge of the file announces and explains the position of the Commission on the amendments deposited. The position of the Commission on the amendments of the European Parliament is prepared by the Head office in load of the file and is approved by the College of the Police chiefs. In practice, the Décision of the College is prepared by the Group of the inter-institutional relations (which gathers the members responsible for the inter-institutional businesses of the cabinets of the police chiefs), then is ratified by this one.

The simple majority is necessary to adopt amendments, the Commission proposal as modified and the legislative resolution (Article 51 IH). If the legislative resolution accompanying the report/ratio were adopted in parliamentary commission with the quasi-unanimity (with less than 10% of voice against), the report/ratio can be adopted by the plenary one without additional amendment nor debate (Article 131 of the internal payment of the EP).

Although the Treaties explicitly do not make it possible the European Parliament to disallow the Commission proposal in first reading, article 52 of the Payment of the EP considers the case where the Commission proposal, as amended, does not obtain the majority of the votes at the time of the final vote. In this case, the President of the European Parliament suspends the vote of the legislative resolution (normally voted following the final vote on the proposal as amended) and asks the Commission to withdraw its proposal. In the event of withdrawal by the Commission, the legislative procedure stops. In the event of refusal of withdrawal on behalf of the Commission, the file is returned in parliamentary commission. Nothing prevents either the European Parliament from adopting an opinion containing of the amendments which remove the Commission proposal as a whole. Such a vote does not stop necessarily the legislative procedure: article 250 §2 of the TCE authorizes the Commission to modify its legislative proposal, which enables him to incorporate the amendments of the European Parliament which appear to him to improve its original proposal and/or are likely to facilitate an agreement.

First reading of the Council

The Council expresses its position after a gathering preparatory work within work groups of the experts of the Member States and chaired by the Member State ensuring the semi-annual presidency the Council. The groups are assisted of the General secretary of the Council of Ministers. The Commission takes part and there brings its expertise in it. The work groups return account to the Comité of the permanent representatives (Coreper) which prepares all Décision the Council taken on the level of the Ministers. The Décision S prepared by Coreper are adopted by the the Council of Ministers is without debate, when an agreement was found at the preparatory level (not " A" of about a day), that is to say with debate (not " B" of about a day). In both cases, the deliberations are public.

This preparatory work begins at the same time as in the European Parliament (cf Article I §2 of the Joint Declaration). The Council finalizes its position on the basis of possibly modified proposal of the Commission following the first reading of the European Parliament and the amendments of the European Parliament. The Council takes a decision in the majority qualified, with the agreement of the Commission (Article 250 §1). On the other hand, if it deviates from the position of the Commission, it should join together the unanimity.

Three cases of figure can consequently arise (251 §2 TCE):

is the Council accepts without any modification the Commission proposal which the European Parliament did not amend and the act can be stopped;
is the Council accepts all the amendments of the European Parliament which the Commission included in its modified proposal and the act can be stopped;
in all the other cases, the Council stops a joint position.

The Council approves all the amendments of the EP

If the Council approves the Commission proposal as modified by the European Parliament, the act is famous adoptee (Article 251 §2, subparagraphs 1 and 2 TCE).

If the European Parliament amended the text, and if the Commission integrated them in its modified proposal, the Council must approve all these amendments in the majority qualified so that the act can be considered stopped. In the contrary case, it decides unanimously.

When the Co-legislators seek the concluding of an agreement in first reading, it is frequent that those organize, in accordance with the I.3 paragraph of the Joint Declaration on the practical methods of the news Procédure of joint decision, of the tripartite informal meetings in which take part of the representatives of the European Parliament (rapporteur and, possibly, shadow rapporteurs ), of the Council (president of the work group and/or Coreper, and of the Commission (service in load of the file and General secretary of the Commission). The objective is to make sure that the parliamentary amendments adopted into plenary are acceptable in their entirety by the Council. The Commission frequently plays the role of mediator and of writer of these texts of Compromis.

The EP approved the proposal without amendments

If the European Parliament did not adopt an amendment, and if the Council does not wish to modify the Commission proposal, it can stop the act on this basis in the majority qualified (except exceptions - Article 251 § 2 al. 2 TCE).

EP and the Council are not agreement

When the Council does not share the position expressed by the European Parliament, it stops a joint position which is sent to the European Parliament, accompanied by an explanatory memorandum. If the European Parliament approved the Commission proposal without amendment whereas the Council wishes to make modifications there, it also adopts a joint position (Article 251 § 2 al. 3 TCE).

The Décision is prepared by the work groups and Coreper. This preliminary work is transmitted to the Council which will note or negotiate a “political agreement” fixing the broad outlines of the future joint position. This agreement is then finalized in its details by the work group, checked by the jurist-linguists, then formally adopted as a Joint Position by the Council of Ministers at a later session. It happens that the Council manages an agreement in principle before the opinion of the European Parliament, which is commonly called “general orientation”. The Commission does not take a final position at this stage in order to initially be able to react to the possible amendments of the European Parliament. The Council transforms the general orientation into political agreement, then in joint position after the examination of the opinion of the European Parliament, unless the amendments of the European Parliament coincide with the general orientation, which enables him to stop the act in question. It should be noted that the possibility of abstract contacts, between the political agreement and the formal transmission of the joint position, is desirable in order to facilitate an agreement in second reading.

The adoption of the joint position can be done without debate (not " A" of about a day) or with debate (not " B" of about a day) or, in exceptional cases, by written procedure. In the first both cases, the deliberations are public. The Décision of the Council requires the qualified majority (see Article 205 TCE), except for the fields of the Culture, freedom of movement of the citizens, the Social security and the coordination of the rules of exercise of the professions, subjected unanimously.

The joint position is generally transmitted to the European Parliament at the time of the plenary session who follows her formal adoption. Its reception by the European Parliament starts the times provided for in the treaty for the later stages of the procedure (3 months).

With the explanatory memorandum, are also sent the possible statements of the Council and/or the Commission made to the official minutes of the Council as well as the unilateral declarations of the delegations.

It has there no time allowed in the treaty for the adoption of a joint position by the Council. In the past, this phase lasted on average 15 month after the beginning of the procedure, according to the difficulty of the files. The adoption of certain joint positions, politically significant, sometimes required several years.

In this document transmitted to the European Parliament simultaneously with the joint position, the Commission explains the reasons which led it to support or to be opposed to the joint position. The Commission also inserts a comment there on the fate reserved by the Council into the amendments of the European Parliament which it had supported into plenary during the first reading (Article 251 §2 subparagraph 3 TCE).

Second reading

In the European Parliament

The President of the European Parliament shows reception as a plenary session of the joint position of the Council and the communication of the Commission on the joint position of the Council duly translated in all the official languages. The European Parliament is expressed on the basis of joint position of the Council within three month fixed by the treaty (prolongeable of 1 month): the three months deadline begins the following day from the reception (Article 57 IH).

The procedure of adoption is largely similar to that of the first reading. In general, the amendments must either take again amendments adopted in 1st reading and not accepted by the Council, or to relate to a new provision of the position joint or substantially different from the original proposal of the Commission, or to introduce a compromise between the positions of the colégislateurs.

Work in parliamentary commission

The procedure of second reading in parliamentary commission follows overall the rules and the practice of the first reading, with the difference which the text to be amended is the joint position of the Council and either the Commission proposal. The parliamentary commissions, consulted for opinion in first reading, reconsultées, except specific case. The amendments adopted in parliamentary commission constitute “the recommendation for the second reading”, which is defended normally by the same rapporteur as in first reading. It includes possibly proposals for an amendment. Amendments can also be deposited in personal name by other members of the European Parliament. Under the terms of article 62 of the payment of the Parliament, the amendments must either take again amendments adopted in 1st reading and not accepted by the Council, or to relate to a new provision of the position joint or substantially different from the original proposal of the Commission, or still to introduce a compromise between the positions of the Co-legislators. However, so of the European elections took place meanwhile, the rules of the first reading apply (Article 62 §3 payment of the EP).

The proposed amendments are submitted to the vote of the qualified parliamentary commission which decides in the majority simple.

Adoption in plenary session

Once adopted in parliamentary commission, the recommendation for the second reading is put at the day order of the plenary session. As in first reading, at this stage, all new amendment must be deposited in the name of a political group or be signed by at least 37 deputies. The vote proceeds in the majority absolute of the members who compose the European Parliament (367 votes).

At the time of the debate which precedes the vote, the Commissioner in charge of the file announces and explains the position of the Commission on the amendments deposited. The position of the Commission on the amendments of the European Parliament is prepared by the Head office in load of the file and is approved by the College of the Police chiefs. In practice, the Décision of the College is prepared by the Group of the inter-institutional Relations (which gathers the members responsible for the inter-institutional businesses of the cabinets of the police chiefs), then is ratified by this one.

If the European Parliament supports the joint position such as it is, does not manage to adopt amendments fault of obtaining to the absolute majority of the component members the EP (367 votes) or does not decide within 3 month envisaged, the President of the European Parliament declares the position joint approved and the act is stopped in accordance with the joint position (Article 251 §2 letter a) TCE, Article 67 IH).

With the difference of the first reading, the treaties explicitly confer on the European Parliament the right to reject the joint position of the Council. If the EP rejects the position joint in the majority absolute of its members, the act is considered not adopted (Article 251 §2 letter b) TCE; Article 61 IH).

the EP can finally propose amendments with the joint position, absolute of the members who composes it (367 votes) and the text thus amended is transmitted to the Council and the Commission (Article 251 §2 letter c) TCE; Article 62 of the payment interns EP).

Opinion of the Commission on the amendments of the EP

The Treaties requèrent specifically that the Commission delivers an opinion on the amendments of the European Parliament. The position of the Commission on the amendments of the European Parliament decides type of vote necessary to the Council: if the Commission gave an negative opinion on at least an amendment, the Council will have to decide unanimously to accept the position of the European Parliament as a whole (Article 251 §2c and §3 TCE).

In practice, the opinion of the Commission takes again in writing the position expressed into plenary by the Police chief on the adopted amendments, possibly matched texts reformulating the amendments of the European Parliament accepted partially, in theory or under condition of reformulation by the Commission.

Second reading of the Council

The Council has a three months deadline (prolongeable of 1 month) after reception of the amendments of the European Parliament to approve them in the majority qualified or unanimously if the Commission gave an negative opinion. The time runs starting from the official reception of the amendments of the second reading of the European Parliament in all the official languages.

The internal procedure of the Council follows the broad outlines of that used to prepare the joint position: the qualified work group prepares a position which is submitted to Coreper and is adopted by the Council.

When an agreement in second reading appears possible, of the abstract contacts take place between the Co-legislators in order to bring closer the points of view. These meetings can take the form of bilateral discussions between representatives of the European Parliament and the Presidency or, generally, of abstract tripartite meetings in the presence of the Commission. Because of the character ad hoc of this type of contacts, any formula of representation " standard" was not fixed but, in general, take part the rapporteur in it (possibly accompanied by the shadow rapporteurs of other political groups), the president of the work group concerned of the assisted Council of the General secretary of the Council as well as Commission representatives (generally the expert in load of the file and its direct superior assisted of the General secretary and Legal department of the Commission). The objective of these contacts is to seek an agreement on a package of amendments acceptable for the Council and the European Parliament.

The favorable opinion of the Commission revêt an particular importance. Indeed, if this one rejects an amendment which the European Parliament intends to adopt, the Council will have to join together the unanimity to accept this amendment. If these contacts are profitable, the president of Coreper addresses a letter to the president of the responsible parliamentary commission by which the Council begins to approve the amendments of the European Parliament if those are in conformity with the jointly identified compromise. The amendments of compromise are then deposited either in parliamentary commission (in the event of early identification of the amendments of compromise) or, generally, right before the plenary session. They Co-are signed for their groups by the rapporteur and the principal shadow-rapporteurs, thus guaranteeing a sufficient majority. The political groups within the European Parliament coordinate their votes in order to adopt the amendments negotiated with the Council.

If the council approves the amended joint position: the act is famous decree in the form of the joint position thus amended (Article 251 §3 TCE).

If the Council does not approve all the amendments with the joint position, the President of the Council, in agreement with the President of the European Parliament, convenes the committee arbitration within six week (two weeks prolongeable - Article 251 §3 TCE).

Conciliation procedure

It is enough that the Council does not approve all the amendments adopted by the European Parliament so that starts the opening of the conciliation procedure. The opinion of the Commission on the amendments of the European Parliament is thus particularly important since the Council will have to act unanimously to adopt an parliamentary amendment having received an negative opinion on behalf of the Commission.

The committee arbitration brings together the members of the Council or their representatives and as many representatives of the European Parliament as well as the responsible Police chief. It must be convened within six week starting from the formal Décision of the Council, time which can be prolonged two weeks. He famous is convened at the time of his first meeting.

The period of time between the end of the second reading of the Council and the convocation of the committee arbitration is used to prepare work of this last, within the framework of informal meetings between the three institutions. Each team returns account to her delegation within the committee arbitration.

The European Parliament also makes this time profitable to constitute its delegation at the committee arbitration and to request its negotiators, often front even the formal conclusion by the Council of its position in second reading.

The committee arbitration Co-is chaired by the presidents of the delegations of the two institutions “colégislateurs” (a vice-president of the European Parliament or a Minister for the Member State holding the presidency). According to the Joint Declaration on the practical methods of the news Procedure of joint decision, the meeting room of the committee arbitration (the European Parliament or the Council) is based on the principle of alternation.

Immediately before the meeting of the committee arbitration, the two copresidents and the Police chief normally meet in order to prepare the meeting. This trilogist is preceded, in general, by a preparatory meeting of each delegation.

Negotiations

They are generally carried out at the time of abstract trilogists gathering small teams of negotiators for each institution with the mediation of the Commission: the negotiation relates to all the amendments adopted by the European Parliament in second reading on the basis of joint position of the Council. The participants in the abstract trilogists return account to their respective delegation, and the final compromise (“joint project”) resulting from the abstract trilogists, who often takes the shape of a “package”, is subjected to the approval of the delegations.

In general, the delegation of the Council brings together the representatives of the Member States within COREPER. The delegation of the Council is led by the minister who chairs the Council in load of the file. She rules in the majority qualified independently of the opinion of the Commission (except for the files for which the treaty requires the unanimity). A delegation of the European Parliament is, it, made up for each file going in conciliation. She is made up of twenty-five members of the Parliament and twenty-five substitutes. Three vice-presidents of the European Parliament are permanent members of the committee arbitration and exert the co-presidency of this one in turn. The other members of Parliament members of the delegation are designated by the political groups, proportionally with the size of each group within the European Parliament. In general, they belong to the qualified parliamentary commission for the file. The Décision S of the delegation are taken in the majority of the members who compose it (either 13 vote).

Insofar as it is at the origin of the legislative proposal and that it can attend at the same time with the meetings of the delegations of the European Parliament and those of the Council, the Commission plays a role of mediator and frequently proposes compromises. Its principal goal is to bring closer the positions to the two Co-legislators while defending, as far as possible, the general interest and the requirements of the treaty such as appear in his proposal. Another material change at this stage of the procedure lies in the fact that the Commission cannot prevent any more the Council from ruling in the majority qualified without its agreement.

The treaty IT is extremely clear on the question of the deadlines: after the second reading of the Council, the President of the Council, in agreement with the President of the European Parliament, has 6 (8) weeks to open the conciliation. The committee arbitration lays out itself 6 (8) weeks to manage an agreement on a joint project (Article 251 §4 TCE).

In practice, these deadlines are often too short to allow the behavior of a negotiation sometimes extremely complex and implying an important number of actors. Contacts take place frequently front thus even the formal conclusion of the second reading of the Council, when it appears clearly that this last will not accept all the amendments of the European Parliament. Insofar as the Council has 3 (even 4) months to complete its second reading, the negotiators can thus profit from a reserve of time often made profitable to develop contacts, in particular during the abstract trilogists.

The meeting of the committee arbitration, for the most important files, is followed of a press conference communicating to the media the results of the negotiation.

Conclusion of the conciliation

Once the negotiators ended to a compromise, the committee arbitration must approve it in the form of a “joint project”. Each delegation at the committee arbitration must then approve the joint project according to her own rules: majority qualified within the delegation of the Council (unanimity whenever the treaty specifies an exception to the rule of the qualified majority) and simple majority within that of the European Parliament (Article 251 §4 TCE).

From there, three scenarios are possible:

the European Parliament (in the majority of the votes cast; no amendment can be deposited) and the Council (in the majority qualified except exceptions) must adopt the act in the six (or eight) weeks, in accordance with the joint project (Article 251 §5 TCE).

In the event of absence of approval by one or the other of the institutions within the time envisaged, the act famous is not adopted and the procedure is closed (Article 251 §5 TCE). In practice, the approval of the joint project by the Council does not raise a difficulty since the delegation of the Council within the committee arbitration consists of a representative by Member State (often the same representative as at Coreper). As regards European Parliament, approval can be more problematic since the delegation of the European Parliament at the committee arbitration (25 members) is not automatically representative of the 732 deputies.

The committee arbitration does not end to a joint project, the act famous is not stopped and the procedure is closed (Article 251 §6). The very first proposal disallowed since the installation of the Procédure of joint decision was the first grinding of the directing proposal on the patentability of the biotechnological inventions, in 1995. The last disallowed proposal on date (January 2006) was that concerning the Software patent.

Exit

At the conclusion of any of these stages, if the text is accepted, the legislative act is subjected directly to the signature of the presidents and general secretaries of the European Parliament and the Council and is published in the Official journal. The procedure is then closed.

See too

Source

Europa, the gate of the European Union.

Related bonds

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