Joint decision

The procedure of joint decision is the central legislative process of the European Community, the first pillar of the European Union. The codécisionnelle procedure makes it possible the the European Parliament (EP) to adopt the community legislation in partnership with the Conseil of the European Union: the two capacities must agree on the text before this one has force of Loi.

History

Introduced by the Treated of Maastricht in 1993, the procedure of joint decision practically replaced the Procédure of co-operation and considerably widened the capacities of the European Parliament. Extended and arranged (simplified) to reinforce with it the effectiveness by the Treated of Amsterdam (1999), the procedure of joint decision relates to 43 fields of the today first pillar (concerning the Traité establishing the European Community) following the coming into effect of the Traité of Nice in 2003. The latter devoted the procedure of joint decision as legislative process of reference for all the fields in which the the Council of Ministers adopts its Décision S with the qualified majority (rather than unanimously, as it is still the case for the common Agricultural policy).

Since its introduction, the procedure of joint decision led to the rejection of several texts by the Parlement: the first time in 1995 within the framework of the first project of Directive on the patentability of the biotechnological inventions, and the last time (at date, beginning 2006) at the time of the debate on the Software patents. The vast majority of the proposed texts (418 out of 420 for the legislature 1999 - 2004) is however accepted (that it is in 1st, 2nd reading or at the conclusion of a conciliation procedure).

Legal base

As defined by article 251 of treaty EC, the joint decision the central legislative procedure of the Community decisional system constitutes, the European commission always keeping the monopoly of the proposal. It is based on the principle of parity and wants that none of the two institutions (the European Parliament and Conseil) can adopt legislation without the approval of the other. In practice, the exceptions are still most numerous: the adoption of the draft treaty establishing a Constitution for Europe was supposed to cure that by making some the procedure of common right for the adoption of the legislative acts (Article 34-1).

Operation

General rules

A Joint Declaration on the practical methods of the procedure of joint decision, adopted by the three institutions (Parliament, the Council and Commission) at the time of the coming into effect of the treaty of Amsterdam, is used as practical framework of reference for each institution as for the part which it has to play at various stages of the procedure. The declaration n°34 annexed to the treaty of Amsterdam asks the institutions to put all works about it to guarantee that the procedure proceeds as quickly as possible: the real time between the second reading of the European Parliament and the exit of work of the committee arbitration should not in particular exceed nine months. Another inter-institutional agreement, signed the December 16th 2003, fixed of new objectives and engagements, of which:

improvement of inter-institutional coordination and the transparency;
establishment of a stable framework for the “alternate instruments”;
the increased use of the analysis of impact in the Community decision-making process;
will to fix a constraining time for the transposition of the directives in national right

Summary of the procedure

A legislative proposal is written by the Commission, which holds the monopoly of proposal of the legislative acts (Article 251 TCE). The following general outline describes the great stages of the procedure of joint decision ( Source: European Communities ):

First reading

The proposal for a Directive is submitted to the Parliament and the Council, which discuss it independently and can amend it.

In the case of the Council, the new proposal is initially studied by an work group dedicated to the tackled subject: its conclusions constitute the “general orientation”, and constitutes the base of the “joint position” adopted by the Council at the end of the first reading.

The Parliament on its side names one of its members as rapporteur. It is him which will manage the stage of reading by the Parliament. The discussions are held initially within one of the parliamentary commissions. The rapporteur writes and includes the discussed amendments, as well as the possible recommendations and remarks of the Comité of the areas, the Economic and Social Committee and possibly of other parliamentary commissions asked for an opinion. Once amended and adopted in parliamentary commission (generally in Brussels), the final report is submitted to the vote as a plenary session in Strasbourg, where it is then adopted in the majority simple, possibly with other amendments.

The proposal takes the force of law if it is adopted in identical terms by the Parliament and the Council: it is occasionally the case if it is the subject of a broad consensus, or if the legislation concerned claims a fast installation.

In the event of dissension, a second reading intervenes.

Second reading

Each institution considers the amendments brought by the other. The Parliament must carry out its second reading in the 3 months following the adoption of a joint position by the Council. If it is not done, the amendments brought by the latter are regarded as accepted. This period can be wide one month by the Parliament if it decides it.

Three possibilities arise then for the Parliament:

# the proposal famous is stopped;

# the joint position is rejected in the majority absolute (367 votes): the project of act is abandoned (the Commission can however write a new proposal on the same topic which will again be subjected to the process of joint decision);

# Of the amendments is brought (in the majority absolute) to the joint position of the Council.

If the Council does not approve the amendments with its joint position, an committee arbitration is made up. It is here it should be noted that on the difference of the Parliament, it is not imposed any time on the Council to decide in second reading. If a political agreement is too complicated to obtain, it is consequently possible with the Council not to decide in an indefinite way, which actually returns to " enterrer" a proposal.

Conciliation and third reading

The committee arbitration, made up with equality of members of the Council and the Parliament, is convened in the six weeks following the rejection of the amendments of the EP by the Council. He then seeks a compromise on these amendments, while keeping as bases the joint position of the Council.

If a compromise is found, the committee must adopt it: the representation of the Parliament in the majority simple, representatives of the Council to the qualified majority.

The Parliament and the Council vote then on the compromise proposal (without possibility of bringing new amendments), in the majority simple for the EP and qualified for the Council (or unanimously in certain cases). The proposal of legislative act famous is then accepted.

Between the introduction of the proposal of legislative act and its adoption after passage in committee arbitration, it runs out approximately 2 years and half (against one year for the adoption in first reading).

Lastly, one can note that the Commission can withdraw its proposal with any stage of the procedure.

Fields covered by the joint decision

Under the terms of the existing treated , the following fields are covered by the procedure of joint decision (an asterisk (*) announces the fields where the vote of the Council is done unanimously):

Not Discrimination because of the Nationality (Article 12);
Fight against the Discrimination S (measurements of encouragement) (Art 13,2);
Freedom of circulation and of stay (Article 18,1);
Freedom of movement for the workers (Article 40);
Social security of migrant worker of the Community (Article 42*);
Freedom of establishment (Article 44);
Right of establishment: special diet foreign nationals (Article 46,2);
Access to the nonpaid activities and their exercise; recognition of the diplomas (Article 47 and 47,2*);
Right of establishment: services (Article 55);
Freedom of movement of the nationals of the Nonmember states under visa (Article 62,3* to Voir Convention of Schengen );
Measurements against the clandestine Immigration (Article 63,3, b*);
civil Legal cooperation (except right of the family) (Article 65);
Transport S (iron, Road, inland waterways, Air transport, Maritime transport) (Article 71,1 and 80,2);
Interior market (Article 95);
Employment (measurements of encouragement) (Article 129);
customs Co-operation (Article 135);
Industrial relations policy (Article 137,1-2); equal opportunity, equality men/women (Article 141);
Funds of a company European (Decision S of application) (Article 148);
Education (measurements of encouragement) (Article 149);
Professional training (Article 150,4);
Culture (actions of encouragement) (Article 151*);
public Health (measurements; actions of encouragement) (Article 152,4);
Protection of the Consuming S (Article 153,4);
Network X transeuropéens (Article 156);
Industry (specific measures of support) (Article 157,3);
economic and social Cohesion (specific actions apart from the funds) (Article 159,3);
European regional development fund (FEDER): Decision S of application (Article 162);

Research (Article 166 and 172);
Environment (Article 175,1-3);
Co-operation with the development (Article 179);
political parties at the European level (political statute and rules) (Article 191);
Access to the documents of the institutions (Article 255,2);
Prevention and fight against the Fraud (Art 280,4);
Statistical (Article 285,1);
Creation of a body independent of control as regards data protection in personal matter (Article 286,2).

The coming into effect of the Treaty establishing a Constitution for Europe would extend the joint decision to practically all the fields of competence of the Union.

Statistics

Lifespan of the files in joint decision expressed in month:

Internal bonds

detailed Operation of the procedure of joint decision
Procedure of the assent (alternate with the joint decision, Parliament having only one right to veto without possibility of amending)
Procedure of the simple opinion (another alternative to the joint decision, the Parliament is simply consulted)

External bonds

explanatory Site and source of this article, on Europa , the gate of the European Union;
an analysis of the operation of the procedure of joint decision since its introduction, by the Commission departments;
the site of the Committee arbitration of the European Parliament;
the joint decision on the gate of the European Council;
the section of the bearing TCE on the joint decision.

Random links: