scholarly journals A short guide to the legislative procedure in the European Union

2020 ◽  
Vol 6 (1) ◽  
pp. 161-180
Author(s):  
Tiago Sérgio Cabral
Keyword(s):  
European Union ◽  
The European Union ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
European Citizen ◽  
The Eu ◽  
Transparency And Accountability

This paper aims to clarify how the legislative procedure works in the European Union (hereinafter, EU), both in the Treaties and in practice. We will study the rules governing the ordinary legislative procedure and the special consent and consultation procedures. Advantages and shortcomings of each of the procedures will also be addressed, including the main actors and the level of transparency and accountability. Within the ordinary legislative procedure, we will assess whether the informal trilogues should be reformed to be more accessible to the European citizen. Lastly, our paper will also address the use of passerelle clauses and citizen’s and how they can affect the lawmaking procedure in the EU

scholarly journals Special legislative procedure in EU law: areas of regulation and specifics of interinstitutional cooperation

2021 ◽  
Vol 7 (2) ◽  
pp. 83-95
Author(s):  
I. V. Astapenko ◽  
N. N. Mazaeva
Keyword(s):  
European Union ◽  
Public Relations ◽  
General Rule ◽  
Legal Regulation ◽  
The European Union ◽  
Dual Nature ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Right ◽  
The Eu

The article is devoted to the issue of cooperation between the institutions of the European Union in the process of adopting legal acts within the framework of a special legislative procedure. Authors analyzed the scope of application of special legislative procedure and ordinary legislative procedure in the EU. It was revealed that the adoption of acts in accordance with one or another type of legislative procedure reflects the dual nature of the European Union, which contains both supranational and interstate principles of legal regulation of various spheres of public relations. The main types of special legislative procedure (consultation, approval) are considered, within the framework of which, in practice, there is intense inter-institutional interaction in the process of developing the final text of the draft act, including through informal consultations and other procedures not directly enshrined in the EU primary law. Although the Council continues to dominate in most cases of the use of special legislative procedure, Parliament nevertheless has relatively wide opportunities to influence the position of the Council. De facto, the expansion of the Parliaments powers within the framework of a special legislative procedure is facilitated by both the position of the EU Court, expressed in a number of decisions on specific cases, and the increased degree of Parliaments influence on the activities of the Commission (which, as a general rule, has the right to initiate legislation), enshrined in the provisions of the constituent agreements.

2. Union Legislation

2020 ◽  
pp. 37-60
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
International Agreements ◽  
The European Union ◽  
European Legislation ◽  
Constitutional Principle ◽  
Legislative Procedures ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Procedural Rights ◽  
The Eu

This chapter examines how the European Union institutions cooperate in the creation of European legislation. Unlike many national legal orders, the EU Treaties expressly distinguish two types of legislative procedures: an ordinary legislative procedure and special legislative procedures. According to the ordinary legislative procedure, the European Parliament and the Council act as co-legislators with symmetric procedural rights. European legislation is here seen as the product of a ‘joint adoption’ by both institutions. Meanwhile, the defining characteristic of the special legislative procedures is that they abandon the institutional equality between the Parliament and the Council. The chapter then looks at the principle of subsidiarity—an EU constitutional principle that was designed to prevent the EU legislator from exercising its competences where the Member States would be able to achieve the desirable social aim themselves. It also considers the procedure for the conclusion of international agreements.

Time is of the essence: Explaining the duration of European Union lawmaking under the co-decision procedure

2021 ◽  
pp. 019251212110364
Author(s):  
Adam Kirpsza
Keyword(s):  
European Union ◽  
Decision Procedure ◽  
European Parliament ◽  
The European Union ◽  
Factors Affecting ◽  
Issue Linkage ◽  
Rational Choice Institutionalism ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
European Parliament Elections

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.

Kto i z kim? Analiza rozbieżności stanowisk w głosowaniach w Radzie Unii Europejskiej, w latach 2009–20141

2019 ◽  
Vol 2 ◽  
pp. 175-198
Author(s):  
Adrian Gorgosz
Keyword(s):  
European Union ◽  
Multidimensional Scaling ◽  
The European Union ◽  
Dominant Culture ◽  
Scaling Technique ◽  
The North ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
North And South ◽  
South Europe

The purpose of the article is to analyse the cases of contestation of decisions in the Council of the European Union during voting on legislative acts in the ordinary legislative procedure, in the period 2009–2014. In the first step, two research hypotheses were delineated. The first one assumed the dominance of the coalition culture in voting, the second one assumed the opposite, the dominance of the culture of consensus. In addition, two further hypotheses were delineated which assumed conflicts in the European Union between the countries of the north and south and between the “old” vs. “new” Union. In order to verify the hypotheses, a multidimensional scaling technique was applied. Empirical analysis confirmed that the dominant culture of voting is the culture of consensus. Despite this, several countries strongly emphasised their separate positions, trying to form coalitions. Moreover, conflicts between the north and south Europe and the “new” and “old” Union were not confirmed.

scholarly journals THE MAIN SKILLS AND COMPETENCES OF MULTILINGUALISM IN THE CONTEXT OF THE EUROPEAN UNION

2010 ◽  
Vol 3 (1) ◽  
pp. 55-66 ◽  
Author(s):  
Irena Vankevič
Keyword(s):  
European Union ◽  
Foreign Language ◽  
The European Union ◽  
Cultural Globalization ◽  
The World ◽  
Official Languages ◽  
Unity In Diversity ◽  
European Citizen ◽  
The Eu

The paper presents multilingualism and multiculturalism as one of the main aims of the European Union (EU) and deals with the issue of political and cultural globalization. More and more young people describe themselves as cosmopolites. Multiculturalism is especially noticeable in the sphere of languages. Languages are fundamental for Europeans wanting to work together. They go to the very heart of the unity in diversity of the EU. It is important to nurture and to promote our linguistic heritage in the Member States but we also need to understand each other, our neighbours, our partners in the EU. Speaking many languages makes businesses and citizens more competitive and more mobile. The EU policy of official multilingualism as a deliberate tool of government is unique in the world. The EU sees the use of its citizens’ languages as one of the factors which make it more transparent, more legitimate and more efficient. At the level of culture and of enhancing the quality of life, too, the EU works actively to promote the wider knowledge and use of all its official languages throughout the Union. The ability to speak foreign language and multiculturalism are inseparable parts of the EU integrations. There are certain skills and competences that a multilingual, multicultural European citizen must acquire in order to become a full‐fledged EU member. Pagrindiniai daugiakalbiškumo įgūdžiai ir kompetencijos Europos sąjungos kontekste Santrauka Straipsnyje parodomas daugiakalbiškumas ir daugiakultūriškumas kaip vienas iš pagrindinių Europos Sąjungos tikslų bei analizuojama politinės ir kultūrinės globalizacijos problema. Vis daugiau jaunų žmonių save apibūdina kosmopolitais. Daugiakultūriškumas ypač pastebimas kalbų srityje. Kalbos labai svarbios europiečiams, norintiems bendradarbiauti. Būtent kalbos sudaro Europos vientisumo ir skirtingumo ašį. Todėl visos Europos Sąjungos (ES) šalys narės privalo ne tik tausoti ir plėtoti savo kalbos paveldą, bet ir stengtis suprasti vienos kitas, savo kaimynes, ES partneres. Gebėjimas bendrauti keliomis kalbomis padeda plėtotis ne tik verslo sričiai, jis padeda ES piliečiams tapti konkurencingesniems ir mobilesniems. ES valdžios taikoma oficialaus daugiakultūriškumo politika – vienintelė pasaulyje. ES valstybinių kalbų vartojimą laiko vienu iš šalies skaidrumo, didesnio teisingumo ir produktyvumo veiksnių. Kultūros ir gyvenimo kokybės stiprinimo lygmeniu ES aktyviai dirba skatindama mokymąsi ir visų Sąjungos valstybinių kalbų vartojimą. Gebėjimas kalbėti keliomis kalbomis bei daugiakultūriškumas – neatsiejama eurointegracijos dalis. Yra tam tikrų gabumų ir kompetencijų, kurios privalomos daugiakultūriam, daugiakalbiam europiečiui, norinčiam tapti visaverčiu ES piliečiu.

Energy Transition in the European Union and its Member States: Interpreting Federal Competence Allocation in the Light of the Paris Agreement

2021 ◽  
pp. 1-25
Author(s):  
Michael Fehling
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Paris Agreement ◽  
Majority Voting ◽  
The European Union ◽  
Member States ◽  
Innovation Research ◽  
Ordinary Legislative Procedure ◽  
The One ◽  
The Eu

Abstract Energy transition in the European Union (EU) and its Member States involves questions of federalism, which are subject to various perspectives. The distribution of powers cannot be properly understood using classical legal methodology alone because Articles 192 to 194 of the Treaty on the Functioning of the European Union (TFEU) contain too many ambiguous political compromises. On the one hand, Article 192(1) TFEU (on the environment) and Article 194(1) and (2)(1) TFEU (on energy) enable EU legislation on energy transition through the ordinary legislative procedure, including majority voting in the European Parliament and the Council. On the other hand, there are significant textual limits for EU action in neighbouring provisions with a ‘sovereignty exception’ for the Member States in both Article 192(2) and Article 194(2)(2) TFEU. This article argues that, in the light of the Paris Agreement, the allocation of competences between the EU and its Member States should, in case of doubt, be understood in such a way that effective climate protection becomes possible. Because under Article 191(1) TFEU the EU is to promote measures at the international level to combat climate change, such an international law-friendly interpretation is part of a legitimate teleological approach. Economic theories of federalism and innovation research in the social sciences help us to understand which aspects of economic or innovation theory can promote effectiveness in this respect. It is necessary to interpret the distribution of competences in a dynamic way, thereby slightly shifting the limits of interpretation.

Article 336 TFEU

2019 ◽  
Author(s):  
Marcus Klamert
Keyword(s):  
European Union ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Conditions Of Employment

Article 283 EC The European Parliament and the Council shall, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the other institutions concerned, lay down the Staff Regulations of Officials of the European Union and the Conditions of Employment of other servants of the Union.

The Ordinary Legislative Procedure

2019 ◽  
Author(s):  
Maja Kluger Dionigi ◽  
Anne Rasmussen
Keyword(s):  
Decision Making ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Formal Rule ◽  
Rule Changes ◽  
Decision Making Processes ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Free Environment ◽  
The Eu

The ordinary legislative procedure (OLP), previously known as co-decision, has marked a significant milestone in the development of the European Union (EU) and transformed the way its institutions interact. What was initially seen as a cumbersome decision-making procedure subject to considerable criticism ended up being quite successful. The workings of the OLP have gradually developed, including both informal and formal rule changes to ensure a smoother functioning of the procedure. While the EU Council is still seen as the strongest body in the interinstitutional balance, the European Parliament (EP) is a co-legislator in most policy areas. After introducing the option to conclude legislation at first reading, so-called early agreements have become the norm in the OLP. The increase in early agreements by means of trilogues has speeded up decision-making but has not come without costs. Concerns have been raised about the transparency of trilogues and the accountability of the actors involved. Not surprisingly, these concerns have led to a shift in the research of the OLP from an emphasis on the powers of the different EU institutions to early agreements and their consequences for democratic legitimacy. Our careful review of the EU institutions’ own rules and practices governing trilogue negotiations shows that the rules and procedures for the conduct of negotiations have been adapted significantly over time. While there is a continued need for the EU to keep enforcing openness in its procedures, OLP interinstitutional bargaining does not operate in a rule-free environment. Yet most democratic scrutiny has been directed at the internal decision-making processes in the EP rather than at maximizing openness on the Council side or with respect to input from interest groups in the negotiation processes.

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