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Part 3 Institutional structure and decision-making process

Part 3 Institutional structure and decision-making process

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Page 1: Part 3 Institutional structure and decision-making process

Part 3Institutional structure and decision-making process

Page 2: Part 3 Institutional structure and decision-making process

Article 13

1. The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.

Page 3: Part 3 Institutional structure and decision-making process

The Commissio

nThe Council

The European Parliament

The European Council

The Court of Justice of the European

Union

The Court of Auditors

The European Central Bank

The Economic and Social Committee

The Committe of Regions

INSTITUTIONAL STRUCTURE

Page 4: Part 3 Institutional structure and decision-making process

Three key playersThe European Parliament- voice of the people Martin Schulz, President of of the European Parliament

The Council- voice of the Member StatesHerman Van Rompuy, President of the European Council

The European Commission- promoting the common interestJosé Manuel Barroso, Presidentof the European Commission

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Principles governing relations between institutionsArticle 132. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.

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Principle of institutional balanceCase C-70/88 European Parliament v. Council

„The Treaties set up a system for distributing powers among the different Community institutions, assigning to each institution its own role in the institutional structure of the Community and the accomplishment of the tasks entrusted to the Community.Observance of the institutional balance means that each of the institutions must exercise its powers with due regard for the powers of the other institutions. It also requires that it should be possible to penalize any breach of that rule which may occur.”

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The European Parliament (EP)Article 14 2. The European Parliament shall be composed of representatives of the Union’s citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.

The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.

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Number of seats per country (2009 – 2014 parliamentary term) – total 754

• GERMANY 99 • FRANCE 72 + 2 • ITALY 72 + 1 • UNITED KINGDOM 72 + 1 • SPAIN 50 + 4 • POLAND 50 + 1 • ROMANIA 33 • NETHERLANDS 25 + 1 • BELGIUM 22 • CZECH REPUBLIC 22 • GREECE 22 • HUNGARY 22 • PORTUGAL 22 • SWEDEN 18 + 2

• BULGARIA 17 + 1 • AUSTRIA 17 + 2 • DENMARK 13 • SLOVAKIA 13 • FINLAND 13 • IRELAND 12 • LITHUANIA 12 • LATVIA 8 + 1 • SLOVENIA 7 + 1 • ESTONIA 6 • CYPRUS 6 • LUXEMBOURG 6 • MALTA 5 + 1

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Elections Article 14

3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a

free and secret ballot.

Decision of 20 September 1976, as amended by Council decision of 25 June and 23 September 2002

each Member State lays down its own election procedure, but must apply the same basic democratic rules:

▫ direct general election, ▫ proportional representation, ▫ free and secret ballots,▫ renewable five-year term

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EP – structure

•President •14 Vice-Presidents•5 Quaestors (advisoty)

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Political Groups

• Group of the European People's Party (Christian Democrats)

• Group of the Progressive Alliance of Socialists and Democrats in the European Parliament

• Group of the Alliance of Liberals and Democrats for Europe

• European Conservatives and Reformists Group• Group of the Greens/European Free Alliance• Confederal Group of the European United Left -

Nordic Green Left• Europe of Freedom and Democracy Group

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Page 13: Part 3 Institutional structure and decision-making process

EP - functions

Article 14 TEU1. The European Parliament shall, jointly with the Council, exercise legislative and

budgetary functions. It shall exercise functions of political control and

consultation as laid down in the Treaties. It shall elect the President of the

Commission.

Page 14: Part 3 Institutional structure and decision-making process

138/79 SA Roquette Frères v Council4 . THE CONSULTATION PROVIDED FOR IN (…) THE EEC TREATY , IS THE MEANS WHICH ALLOWS THE PARLIAMENT TO PLAY AN ACTUAL PART IN THE LEGISLATIVE PROCESS OF THE COMMUNITY . SUCH POWER REPRESENTS AN ESSENTIAL FACTOR IN THE INSTITUTIONAL BALANCE INTENDED BY THE TREATY . ALTHOUGH LIMITED, IT REFLECTS AT COMMUNITY LEVEL THE FUNDAMENTAL DEMOCRATIC PRINCIPLE THAT THE PEOPLES SHOULD TAKE PART IN THE EXERCISE OF POWER THROUGH THE INTERMEDIARY OF A REPRESENTATIVE ASSEMBLY .

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Article 10 of the TEU (representative democracy)  1. The functioning of the Union shall be founded on representative democracy. 2. Citizens are directly represented at Union level in the European Parliament. Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens. 3. Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen. 4. Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union.

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EP - functionslegislative:

Article 14 1. The European Parliament shall, jointly with the Council,

exercise legislative and budgetary functions.

▫ ordinary legislative procedure (act is adopted jointly by the EP and the Council);

▫ special legislative procedure (acts is adopted by the Council with participation of the EP or by the EP with participation of the Council)

▫ bugetary procedure.

.

Page 17: Part 3 Institutional structure and decision-making process

EP - functions• political control

▫ over the Commission, motion of censure – Commision resign as a body; dissusion on the annual general report of the Commission;

▫ over the Council and the European Council;▫ temoprary Committee of Inquiry;▫ petitons;▫ European Ombudsman

.

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EP - seats

•„Flying institution”▫Strasbourg – plenary sessions ▫Brussels – plenary sessions, meetings of the

political groups and committees▫Luxembourg – Secretariat General

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The European Council

•provides the Union with the necessary impetus for its development

•defines the general political directions and priorities

•do not exercise legislative functions.

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The European Council

The European Council consists of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.

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The President of the European Council

•the European Council elects its President by a qualified majority for a term of two and a half years, renewable once

• the decision to appoint Herman VAN ROMPUY was taken unanimously by representatives of all Member States.

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The President of the European Council - functions

• chairs it and drives forward its work;• ensures the preparation and continuity of the work of the

European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;

• endeavours to facilitate cohesion and consensus within the European Council;

• presents a report to the European Parliament after each of the meetings of the European Council

• ensures the external representation of the Union on issues concerning its common foreign and security policy, (without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy).

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Except where the Treaties provide otherwise, decisions of the European Council shall be taken

by consensusArticle 235 1. Where a vote is taken, any member of the European

Council may also act on behalf of not more than one other member.

2. Article 16(4) of the Treaty on European Union and Article 238(2) of this Treaty shall apply to the European Council when it is acting by a qualified majority. Where the European Council decides by vote, its President and the President of the Commission shall not take part in the vote.

Abstentions by members present in person or represented shall not prevent the adoption by the European Council of acts which require unanimity.

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The Council

Article 16 (2) ‘the Council shall consist of a representative of each Member State at ministerial level, authorised to commit the government of that Member State’.

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The Council

The Council meets in different compositions depending on the particular subject matter on the agenda.

With the exception of the Foreign Affairs Council (which is chaired by the High Representative) each of those meetings is chaired by the representative of the Member State which holds the Presidency

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The General Secretariat The Presidency is assisted by the General

Secretariat, which prepares and ensures the smooth functioning of the Council's work at all levels.

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•Ambassadors of the Memeber States (known as ‘permanent representatives’) meet weekly within the Permanent Representatives Committee (COREPER). The role of this committee is to prepare the work of the Council, with the exception of most agricultural issues, which are handled by the Special Committee on Agriculture. COREPER is assisted by a number of working groups, made up of officials from the national administrations.

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The Council - functionsThe Council is responsible for decision-making and co-

ordination• passes laws, usually legislating jointly with the European

 Parliament. • co-ordinates the broad economic policies of the Member States. • defines and implements the EU’s common foreign and security

policy, based on guidelines  set by the European Council. • concludes, on behalf of the Community and the Union,

international agreements between  the EU and one or more states or international organisations.

• co-ordinates the actions of Member States and adopts measures in the area of police and  judicial  co-operation in criminal matters.

• the Council and the European Parliament constitute the budgetary authority that adopts the  Community’s budget.

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"Qualified majority voting" QMV• Distribution of votes for each Member State • Germany, France, Italy, United Kingdom 29 • Spain, Poland 27 • Romania 14 • Netherlands 13 • Belgium, Czech Republic, Greece, Hungary, Portugal

12 • Austria, Bulgaria, Sweden 10 • Denmark, Ireland, Lithuania, Slovakia, Finland 7 • Cyprus, Estonia, Latvia, Luxembourg, Slovenia 4 • Malta 3 • TOTAL 345

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A qualified majority will be reached if the following two conditions are met:

• a majority of Member States approve (when the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy - two-thirds majority);

• a minimum of 255 votes is cast in favour of the proposal, out of a total of 345 votes.

In addition, a Member State may ask for confirmation that the votes in favour represent at least 62% of the total population of the Union. If this is found not to be the case, the decision will not be adopted.

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From 1 November 2014• QMV- at least 55 % of the members of the Council

representing the participating Member States, comprising at least 65 % of the population of these States.

• A blocking minority - at least the minimum number of Council members representing more than 35 % of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained; 

• where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy - at least 72 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.

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Unanimity

•Abstentions by members present in person or represented do not prevent the adoption by the European Council of acts which require unanimity.

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The Commission- composition

•27 members, i.e. one Commissioner per Member State (2009-2014)

•Article 17 (5) As from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.

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The Commission - appointment• the future President of the Commission is

proposed to the European Parliament on the basis of a selection by the European Council acting by a qualified majority;

• the Council, by common accord with the President-elect, adopts the list of the other persons whom it proposes for appointment,

• the proposed Commission is subject ‘as a body to a vote of consent by the European Parliament’

• Commission is appointed by the European Council, acting by a qualified majority.

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The members of the Commission are chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.

 In carrying out its responsibilities, the Commission is

completely independent. The members of the Commission must neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.

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The High Representative of the Union for Foreign Affairs and Security Policy

•appointed by the European Council (qualified majority), with the agreement of the President of the Commission, for an unspecified period

•hybrid position within the institutional framework of the Union ▫the Vice-Presidents of the Commission,

albeit in a special privileged position,▫the Council and the European Council.

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The High Representative of the Union for Foreign Affairs and Security Policy

•• conducts the Union's common foreign and security policy;

•• contributes by her proposals to the development of that policy, which she will carry out as mandated by the Council, and ensures implementation of the decisions adopted in this field;

•• presides over the Foreign Affairs Council;

•• is one of the Vice-Presidents of the Commission; ensures the consistency of the Union‘s external action and is responsible within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the Union's external action.

•• represents the Union for matters relating to the common foreign and security policy, conduct political dialogue with third parties on the Union's behalf and expresses the Union's position in international organisations and at international conferences.

•• exercises authority over the European External Action Service and over the Union delegations in third countries and at international organisations.

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The President of the Commission 6.The President of the Commission shall: (a) lay down guidelines within which the Commission is to

work; (b) decide on the internal organisation of the Commission,

ensuring that it acts consistently, efficiently and as a collegiate body;

 (c) appoint Vice-Presidents, other than the High

Representative of the Union for Foreign Affairs and Security Policy, from among the members of the Commission.

 A member of the Commission shall resign if the President so

requests.

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The Commission- functions

•to propose legislation to Parliament and the Council;

•to manage and implement EU policies and the budget;

•to enforce European law (jointly with the Court of Justice);

•to represent the European Union on the international stage, for example by negotiating agreements between the EU and other countries.

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The Court of Justice

•Article 19

•1. The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised courts. It shall ensure that in the interpretation and application of the Treaties the law is observed.

Page 41: Part 3 Institutional structure and decision-making process

The Court of Justice• The Court is composed of one judge per

member state, so that all 27 of the EU’s national legal systems are represented. For the sake of efficiency, however, the Court rarely sits as the full court. It usually sits as a ‘Grand Chamber’ of just 13 judges or in chambers of five or three judges.

• The Court is assisted by eight ‘advocates-general’. Their role is to present reasoned opinions on the cases brought before the Court. They must do so publicly and impartially.

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The Court of Justice

The Court gives rulings on cases brought before it. The five most common types of case are:

•references for a preliminary ruling;•actions for failure to fulfil an obligation;•actions for annulment;•actions for failure to act;•actions for damages.

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The European Court of Auditors

The Court of Auditors carries out the Union's audit.

It consists of one national of each Member State. Its Members shall are completely independent in the performance of their duties, in the Union's general interest.

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The Union's advisory bodies

The European Parliament, the Council and the Commission are assisted by an Economic and Social Committee and a Committee of the Regions, exercising advisory functions.

 The Economic and Social Committee consists of

representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socio‑economic, civic, professional and cultural areas.

 The Committee of the Regions consists of representatives of

regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

•   

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•Revision of the Treaty▫Ordinary revision procedure▫Special revision procedure

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Ordinary revision procedure

• The Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals is submitted to the European Council by the Council and the national Parliaments are notified.

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Ordinary revision procedure• If the European Council, after consulting the European

Parliament and the Commission, adopts by a simple majority a decision in favour of examining the proposed amendments, the President of the European Council convenes a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. The European Central Bank is consulted in the case of institutional changes in the monetary area. The Convention examines the proposals for amendments and adopts by consensus a recommendation to a conference of representatives of the governments of the Member States.

• The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.

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Ordinary revision procedure

 • A conference of representatives of the

governments of the Member States is convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaties.

• The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

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Ordinary revision procedure

 • If, two years after the signature of a

treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.

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Simplified revision procedures

• The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.

• The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council acts by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.

• The decision must not increase the competences conferred on the Union in the Treaties.

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Simplified revision procedures

• Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.

• Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.

 • Any initiative taken by the European Council is notified to the national Parliaments.

If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision.

• The European Council acts by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

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Legislative procedures

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Ordinary legislative procedure

•1. COMMISSION PROPOSAL Only the Commission may put forward

legislative proposals ("right of initiative") (except where Treaty provides otherwise, in particular judicial and police cooperation in criminal matters).

. The legal basis adopted by the Commission will determine the legislative procedure.

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Ordinary legislative procedure

1. COMMISSION PROPOSAL The proposal is forwarded

simultaneously to the European Parliament and to the Council but also the all National Parliaments and, where applicable, to the Committee of the Regions and the Economic and Social Committee.

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Ordinary legislative procedure

1. COMMISSION PROPOSAL 1a Opinions of the national Parliaments

If a draft legislative act's compliance with the subsidiarity principle is contested by a third (a quarter in the Area of Freedom Secutrity and Justice) the votes allocated to national Parliaments , the Commission has to review the proposal and decide to maintain, amend or withdraw the act, also motivating its decision („yelow card”)

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Ordinary legislative procedure• 1. COMMISSION PROPOSAL • 1a Opinions of the national Parliaments • If a draft legislative act's compliance with the subsidiarity principle is

contested by a simple majority of the votes allocated to national Parliaments, the Commission has to re-examine the proposal

• may maintain the draft – obligatory reasoned opinion.• a reasoned opinion of the Commission and the reasoned opinions of the

national Parliaments are transmitted to the co-legislator, for consideration in the legislative procedure.

• During the first reading, the co-legislator considers the compatibility of the legislative proposal with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission.

• If, by a majority of 55% of the members of the Council or a majority of the votes cast in the European Parliament, the co-legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal is abandone. (orange cardd),

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Ordinary legislative procedure

•1b Opinions of the Committee of the Regions and the Economic and Social Committee

•The Economic and Social Committee and the Committee of the Regions respectively consist of “representatives of the various economic and social components of organised civil society …” and “representatives of regional and local bodies …”. 

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Ordinary legislative procedure2. European Parliament (EP) First

reading The European Parliament delivers at first

reading a position. This position, prepared by a rapporteur, is discussed and amended within the relevant parliamentary committee, then debated in plenary session, where it is adopted by a simple majority.

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Ordinary legislative procedure Amended Commission proposal Article 293(2) TFEU authorises the

Commission to alter its legislative proposal, enabling it to incorporate European Parliament amendments which, in its view, improve the initial proposal and/or are likely to facilitate an agreement.

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Ordinary legislative procedure  4. Council first reading The Council makes its position known after

preparatory work has taken place within working parties made up of experts from the Member States and chaired by the Member State holding the six-monthly Presidency of the Council. The Council finalises its position on the basis of the Commission’s proposal, amended where necessary, in the light of the European Parliament’s first reading and resultant amendments.

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Ordinary legislative procedure  4. Council first reading possible scenarios: • the Council accepts without alteration the

Commission’s proposal, which the European Parliament has not amended, and the act can be adopted ;

• the Council accepts all the European Parliament’s amendments which the Commission has incorporated into its amended proposal, and the act can be adopted ;

• in all other cases, the Council adopts a common position.

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Ordinary legislative procedure5. The Council approves all the EP

amendments If the Council approves the Commission’s

proposal as amended by the European Parliament, the act is deemed to have been adopted in the wording which corresponds to the position of the European Parliament.

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Ordinary legislative procedure6. The Council can adopt the act as

amended The legislative act is submitted directly for

the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal

The procedure is ended.

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Ordinary legislative procedure7. The EP has approved the proposal

without amendment If the European Parliament has not adopted any

amendments, and if the Council does not wish to alter the Commission’s proposal either, it can approve the act on that basis by a QMV. The act is then adopted in the wording which corresponds to the position of the European Parliament which, in this particular case, is identical with the wording of the Commission proposal.

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Ordinary legislative procedure8. The Council can adopt the Act •The legislative act is submitted directly

for the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal.

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Ordinary legislative procedure9. Council common position •When the Council does not share the views

expressed by Parliament, it adopts a common position, which is forwarded to the European Parliament together with a statement of reasons. 

•Where the European Parliament has approved the Commission’s proposal without amendment, but the Council wishes to make changes to it, the Council will again adopt a common position.

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Ordinary legislative procedure10. Commission communication on the

common position In this document, which is forwarded to the

European Parliament in tandem with the common position, the Commission explains why it has decided to support or oppose the common position. The Commission also comments on the Council’s reaction to the EP amendments which it had supported in plenary at the first reading. Only if the Commission amends its proposal in line with the common position, the Council can act by qualified majority.

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Ordinary legislative procedure10. Commission communication on the

common position In this document, which is forwarded to the

European Parliament in tandem with the common position, the Commission explains why it has decided to support or oppose the common position. The Commission also comments on the Council’s reaction to the EP amendments which it had supported in plenary at the first reading. Only if the Commission amends its proposal in line with the common position, the Council can act by qualified majority.

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Ordinary legislative procedure11.  EP second reading A three-month time limit is laid down by the Treaty (this period

may be extended by a month) for the European Parliament to take action on the basis of the Council position at first reading.

The adoption procedure is similar to that at first reading but has some distinct differences. As a general rule, the amendments must: ▫ include amendments adopted at first reading and not accepted

by the Council; or ▫ be concerned with a part of the common position which did not

appear in, or ▫ be substantially different from, the Commission’s initial

proposal; or introduce a compromise between the positions of the co-legislators.

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Ordinary legislative procedure12. EP approves the common position or does not take

a decision

If the European Parliament endorses the common position as it stands, fails to adopt amendments as a result of not obtaining an absolute majority of its Members or does not take a decision within the stipulated time limit, the President of Parliament will declare that the common position is approved and the act is adopted in accordance with the common position. This is also the case when trilogue meetings have taken place after the EP first reading and before the Council adopts its common position. Such an agreement is called "negotiated common position" or "early second reading".

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Ordinary legislative procedure13. Act deemed to have been adopted The legislative act is submitted directly for the

signature of the Presidents and Secretaries–General of the European Parliament and of the Council, and is published in the Official Journal.

The procedure is ended. 14. EP rejects the common position Rejection of the common position requires the votes of

an absolute majority of the component Members of the European Parliament – The act is deemed not to have been adopted.

The procedure is ended.

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Ordinary legislative procedure•16. EP proposes amendments to the

common position •The European Parliament may propose

amendments to the common position, by an absolute majority of its component Members and the text thus amended is forwarded to the Council and the Commission.

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Ordinary legislative procedure• 17. Commission opinion on EP amendments • The Treaty specifically requires the Commission

to deliver an opinion on the European Parliament’s amendments. The Commission’s position on the European Parliament’s amendments will determine the type of vote necessary in the Council: if the Commission has given a negative opinion on at least one amendment, the Council will have to act unanimously as regards acceptance of the European Parliament’s position overall

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Ordinary legislative procedure•18. Council second reading •The Council has a period of three months

(which may be extended by a further month), following receipt of the European Parliament’s amendments, in which to approve them by a qualified majority or unanimously if the Commission has delivered a negative opinion.

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Ordinary legislative procedure•19. The Council approves the

amended common position •If the Council agrees to accept all the

amendments of the European Parliament, the act will be deemed to have been adopted in the form of the common position thus amended (wording corresponds to the EP second reading).

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Ordinary legislative procedure•20. Act adopted as amended •The legislative act is submitted directly

for the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal.

•The procedure is ended.

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Ordinary legislative procedure•21. The Council does not approve the

amendments to the common position • If, within a three-month period (may be

extended by one month), the Council does not approve all the amendments of the European Parliament, the President of the Council, in agreement with the President of the European Parliament, will convene a meeting of the Conciliation Committee within six weeks (may be extended by two weeks).

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Ordinary legislative procedure•21. The Council does not approve the

amendments to the common position • If, within a three-month period (may be

extended by one month), the Council does not approve all the amendments of the European Parliament, the President of the Council, in agreement with the President of the European Parliament, will convene a meeting of the Conciliation Committee within six weeks (may be extended by two weeks).

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Ordinary legislative procedure• 23. The conciliation procedure • The Conciliation Committee brings together

members of the Council or their representatives and an equal number of representatives of the European Parliament, as well as the Commissioner responsible.

• Negotiations focus on all the amendments adopted by the European Parliament at second reading on the basis of the Council's common position. The Treaty stipulates a time limit of six weeks (which may be extended by two weeks) for approving a joint text.

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Ordinary legislative procedure•24. The Conciliation Committee

produces a joint text •Once the negotiators have arrived at a

compromise, the Conciliation Committee must give approval in the form of a “joint text”. The Council's delegation acts by a QMV(unanimity in cases stipulated by the Treaty) while the European Parliament’s delegation acts by a simple majority of its component members.

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Ordinary legislative procedure•25. Parliament and the Council adopt

the act in accordance with the joint text

•The European Parliament (by a majority of the votes cast; no amendment may be tabled) and the Council (by a qualified majority with certain exceptions) must adopt the act within six (or eight) weeks, in line with the joint text.

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Ordinary legislative procedure•26. Act adopted •The legislative act is submitted directly

for the signature of the Presidents and Secretaries-General of the European Parliament and of the Council, and is published in the Official Journal.

•The procedure is ended.

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Ordinary legislative procedure•27. Parliament and the Council do not

approve the joint text •Should either of the institutions fail to

give approval within the stipulated time limit, the act is deemed not to have been adopted and the procedure is ended.

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Secial legislative proceduresIn the specific cases provided for by the

Treaties, the adoption of a regulation, directive or decision by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, shall constitute a special legislative procedure.

•Conssent•Consultation