Article 59 TFEU

Author(s):  
Jonathan Tomkin

Article 52 EC In order to achieve the liberalisation of a specific service, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall issue directives.

2021 ◽  
pp. 019251212110364
Author(s):  
Adam Kirpsza

The article explores factors affecting the duration of the co-decision procedure (currently the ordinary legislative procedure), the main procedure for adopting legislation in the European Union. Drawing from rational choice institutionalism, it expects the speed of co-decision to be determined by three attributes: the impatience of legislators, issue linkage and the characteristics of Council and European Parliament negotiators ( relais actors). The hypotheses are tested using survival analysis on a dataset of 599 controversial legislative acts submitted and enacted under co-decision between 1999 and 2009. The results show that co-decision proposals are decided faster when they are urgent, negotiated prior to the European Parliament elections and concluded through single proposal logrolls. By contrast, multi-proposal packages and the ideological distance between relais actors prolong decision-making. Overall, the article contributes to the literature by showing that the impatience of legislators, package deals and the properties of negotiators are relevant drivers of co-decision duration.


Author(s):  
Leo Flynn

Article 162 EC Implementing regulations relating to the European Regional Development Fund shall be taken by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.


Author(s):  
Leo Flynn

Without prejudice to the powers of the European Central Bank, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the measures necessary for the use of the euro as the single currency. Such measures shall be adopted after consultation of the European Central Bank.


Author(s):  
Manuel Kellerbauer

In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements.


Author(s):  
Bernd-Roland Killmann

Article 135 EC Within the scope of application of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall take measures in order to strengthen customs cooperation between Member States and between the latter and the Commission.


Author(s):  
Tim Maxian Rusche

Article 16 EC Without prejudice to Article 4 of the Treaty on European Union or to Articles 93, 106 and 107 of this Treaty, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective powers and within the scope of application of the Treaties, shall take care that such services operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfil their missions. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services.


Author(s):  
Jonathan Tomkin

Article 47 EC In order to make it easier for persons to take up and pursue activities as self-employed persons, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, issue directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons.


Author(s):  
Jonathan Tomkin

Article 44 EC In order to attain freedom of establishment as regards a particular activity, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall act by means of directives.


Author(s):  
Wolfgang Bogensberger

Article 31 TEU The European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis.


2020 ◽  
Vol 23 (3) ◽  
pp. 489-508
Author(s):  
Robert Böttner

The Treaty of Lisbon introduced general and special passerelle or bridging clauses into primary law. They can be used to alter voting arrangements from unanimity to qualified majority in the Council or from a special to the ordinary legislative procedure. This is to enable a shift to more supranational decision-making without the need for a full-fledged treaty revision. The European Parliament called on the European Council and the Council to make use of the passerelle clauses, also to involve Parliament as a co-legislator under the ordinary legislative procedure. The former Commission had started a discussion on the use of the passerelle clauses in four policy areas and it appears that the incumbent Commission President has endorsed this ambitious project. This article aims to explore the potential and the shortcomings of the bridging clauses as part of the unused potential of the Lisbon Treaty and discusses the enhanced cooperation procedure as a possible alternative.


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