Codecision procedure

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The codecision procedure is the main legislative procedure by which law can be adopted in the European Community, the first of the three pillars of the European Union. The codecision procedure gives the European Parliament the power to adopt legislation jointly with the Council of the European Union, requiring the two bodies to agree on an identical text before any proposal can become law.

1 Other legislative procedures
2 Procedural summary
- 2.1 Diagram
3 Policy areas where codecision applies
4 Development of codecision
5 Criticism
6 See also
7 External links
- 7.1 References and official information
- 7.2 Other information sources

[edit] Other legislative procedures

The main differences with the other European Union legislative procedures:

the cooperation procedure, that gave the European Parliament greater influence in the legislative process. The Council can overrule a rejection of the particular proposed law by the Parliament by adopting a proposal unanimously
the consultation procedure, where the Council is not bound by Parliament's position or by any other consulted body, but only by the obligation to consult the Parliament.
and the assent procedure: this procedure is similar to the consultation procedure, except under the assent procedure, Parliament may only accept or reject a proposal. It cannot amend one.

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[edit] Procedural summary

Main article: Detailed walk through the codecision procedure

Under the codecision procedure, a new legislative proposal is drafted by the European Commission. The proposal then comes before the European Parliament and the Council of Ministers. The two institutions discuss the proposal independently, and each may amend it freely.

In Council, a new proposal is first considered by a working group for that policy area. The conclusion of the working group's discussions is known as the orientation generale, and usually forms the basis of Council's position at the end of the first reading, which is known as the common position.

Meanwhile, Parliament appoints one of its members as 'rapporteur' to steer the proposal through its committee stage. The rapporteur is responsible for incorporating the committee's amendments into the draft proposal, as well as the recommendations of the Committee of the Regions and the Economic and Social Committee. The finished report is then voted on in full plenary, where further amendments may be introduced.

In order for the proposal to become law, Council and Parliament must approve each other's amendments and agree upon a final text in identical terms. If the two institutions have agreed on identical amendments after the first reading, the proposal becomes law; this happens from time to time, either where there is a general consensus or where there is great time pressure to adopt the legislation.

Otherwise, there is a second reading in each institution, where each considers the other's amendments. Parliament must conduct its second reading within three months of Council delivering its common position, or else Council's amendments are deemed to have been accepted, though this time period can be extended by Parliament if it chooses to do so.

If the institutions are unable to reach agreement after the second reading, a conciliation committee is set up with an equal number of members from Parliament and Council. The committee attempts to negotiate a compromise text which must then be approved by both institutions.

Both Parliament and Council have the power to reject a proposal either at second reading or following conciliation, causing the proposal to fall. The Commission may also withdraw its proposal at any time.

[edit] Diagram

There is a diagram that shows the codecision procedure ^[1].

[edit] Policy areas where codecision applies

The policy areas where the codecision procedure applies ^[2] under the current EU treaties are:

consumer protection
culture
customs co-operation
education
employment
equal opportunities and equal treatment
health
implementing decisions regarding the European Regional Development Fund
implementing decisions regarding the European Social Fund
non-discrimination on the basis of nationality
preventing and combating fraud
research
setting up a data protection advisory body
social security for migrant workers
statistics
the environment
the fight against social exclusion
the free movement of workers
the internal market
the right of establishment
the right to move and reside
Trans-European Networks
transparency
transport
vocational training

The new Treaty establishing a constitution for Europe, if it enters into force, will extend codecision to virtually all areas of EU policy.

[edit] Development of codecision

The introduction of codecision, under the Treaty of Maastricht, almost completely replaced the cooperation procedure and thereby strengthened Parliament's legislative powers considerably.

Initially, the codecision procedure applied to the following areas of European policy:

consumer policy
culture (incentive measures)
education (incentive measures)
environment (general action programme)
free movement of workers
health (incentive measures)
research (framework programme)
right of establishment
services
the internal market
trans-European networks (guidelines)

The Treaty of Amsterdam subsequently simplified the procedure, making it quicker and more transparent, and extending it to more areas of policy.

Most recently, the Treaty of Nice established the codecision procedure for any policy area where the Council of Ministers adopts proposals by qualified majority voting (rather than unanimity). The codecision procedure is now by far the most common legislative process in the EU, applying to the vast majority of policy areas.

[edit] Criticism

Besides general criticism that the procedure is long and cumbersome, some critics contend that the codecision procedure gives too much power to the Council at the expense of the Parliament. It could be argued that the process is weighted against the Parliament at second reading, as Parliament may only modify or reject amendments from Council by an absolute majority of MEPs, not just those in the chamber at the time.

Defenders reply that the EU is not a federation and argue that national governments should remain accountable for their collective decisions.