The Community decision-making process
Decision-making at European Union level involves a number of different European institutions, notably:
- the European Parliament
- the Council of the European Union
- the European Commission
Decision-making takes two forms: Community decision-making and intergovernmental decision-making.
Community decision-making: Most legislative proposals are put forward by the European Commission following the main decisions reached by the Heads of State and Government at the European Council meetings or summits. The actual job of enacting legislation is done by the Council of the European Union and the European Parliament. But other institutions and bodies can also play a consultative role. The rules and procedures for EU decision-making are set out in the treaties. These state that any proposal for new legislation must be based on an article within one of the treaties (sometimes referred to as primary legislation). This is known as the 'legal basis' of the proposal and it determines which legislative procedure must be followed. There are three main procedures: 'co-decision', 'consultation' and 'assent'.
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Co-decision: Co-decision is now the most important and commonly used decision-making procedure within the EU. It is based on the principle of parity and means that neither institution (European Parliament or Council of the European Union) can adopt legislation without the other's assent. Under the co-decision procedure, the European Parliament does more than merely voice its opinion. It also shares equal legislative power with the Council of the European Union. If Council and Parliament cannot agree on a proposed legislative measure, it is submitted to a 'Conciliation Committee' made up of equal numbers of representatives from Council and Parliament. Once this committee reaches an agreement, the approved text is returned to Parliament and the Council before being passed into law. Co-decision involves several stages of consultation and the frequent back-and-forth procedure between the Council and the European Parliament is often referred to as the 'legislative shuttle'.
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Consultation: Under the consultation procedure, the Council of the European Union consults the European Parliament, the European Economic and Social Committee and the Committee of the Regions to discuss a European Commission proposal.
The Parliament can:
- approve the Commission proposal
- reject it,
- or ask for amendments.
Any amendments requested by the European Parliament are examined by the European Commission. If accepted, they are then sent to the Council of the European Union which examines the amended proposals and either adopts them as they stand or amends them further. As with all other decision-making procedures, if the Council substantially amends a Commission proposal, it must do so unanimously.
- Assent: Under this procedure, the Council of the European Union can only adopt acts of major importance with the assent of the European Parliament. The procedure is the same as for consultation, except that Parliament is not allowed to propose amendments. It must either accept or reject the measure outright. Acceptance, or 'assent', requires an absolute majority of members of the European Parliament.
Intergovernmental decision-making: The Member States have also initiated intergovernmental co-operation arrangements as part of the Common Foreign and Security Policy and Police and Judicial Cooperation in Criminal Matters. While Community institutions are involved in these issues, proposals are mostly put forward by individual Member States. The Council then decides by means of qualified majority voting whether measures should be introduced or a common position adopted by the Member States. Nevertheless, should a Member State feel that its national interest is compromised, the matter is submitted to the European Council, which rules unanimously.
[Animation: The Community decision-making process]
- Updated: 22.09.2008
