Co-decision
- The Council building (Photo: European Commission)
Co-decision is the general procedure of law making where the Commission proposes and the Council decides under a procedure giving growing influence to the European Parliament (Article 251 TEC and Article 294 TFEU in the Lisbon Treaty).
The procedure is called “co-decision” or “conciliation procedure” because the European Parliament is allowed to propose amendments and to veto the proposed laws. The Lisbon Treaty will name it the Ordinary Legislative Procedure.
Procedure
- The Commission has the monopoly in proposing all EU laws. The European Parliament and the national parliaments can not propose European laws.
- The Council then decides on the proposals by a qualified majority and the European Parliament by simple or by absolute majority.
- The European Parliament can veto a law or propose amendments by an absolute majority of its members in the second reading. At first reading a simple majority is required.
- If the Council does not accept the proposal of the absolute majority of the members of Parliament, a Conciliation Committee is established.
- The results of the Conciliation Committee must be approved by a qualified majority in the Council and a simple majority in the EU Parliament. Otherwise the adoption of the law fails.
- The non-elected Commission has a strong role in legislation. They must approve the proposals for amendments from the Parliament if they shall have a chance to be adopted in the Council. If the Commission does not support an amendment it can only be approved in the Council by unanimity among all 27 Member States.
Notes
In 2005, the Commission drew up 39 proposals under the co-decision procedure. 22 proposals were adopted at first reading, 17 in second readings and the conciliation Committee was not set up. Environmental and social issues in particular required discussions.
Links
Codecision http://ec.europa.eu/codecision/index_en.htm
See also
The Convention working group on Simplification.
