t he codecision procedure
DESCRIPTION
T he Codecision Procedure. Katrin Huber & Nikolaos Tziorkas , Conciliation and Codecision Secretariat, European Parliament Budapest, 2 & 8 April , 2009. 785 Members 7 political groups European elections every 5 years 20 parliamentary committees. - PowerPoint PPT PresentationTRANSCRIPT
The Codecision Procedure
Katrin Huber & Nikolaos Tziorkas,Conciliation and Codecision Secretariat,
European Parliament
Budapest, 2 & 8 April, 2009
OVERVIEW OF EP STRUCTURE AND FUNCTIONING
• 785 Members • 7 political groups• European elections
every 5 years• 20 parliamentary
committees
BREAKDOWN BY POLITICAL GROUPS
287
100
44
4341
22 30
217
EPP-EDPESALDEUENGreens/EFAGUE-NGLIDNI
COMMITTEES• Committee on Foreign Affairs• Committee on Development• Committee on International Trade• Committee on Budgets• Committee on Budgetary Control• Committee on Economic and
Monetary Affairs• Committee on Employment and
Social Affairs• Committee on the Environment,
Public Health and Food Safety• Committee on Industry, Research
and Energy• Committee on the Internal Market
and Consumer Protection• Committee on Transport and
Tourism
• Committee on Regional Development
• Committee on Agriculture and Rural Development
• Committee on Fisheries• Committee on Culture and
Education• Committee on Legal Affairs• Committee on Civil Liberties,
Justice and Home Affairs• Committee on Constitutional
Affairs• Committee on Women's Rights
and Gender Equality• Committee on Petitions• Subcommittee on Human Rights• Subcommittee on Security and
Defence
EP CALENDAR
LEGISLATIVE PROCEDURECODECISION
Basic texts:
• Procedure set out in Article 251 EC Treaty - Scope of the procedure: 43 areas of Community action
• Joint Declaration on practical arrangements for the codecision procedure (OJ C145 of 30.3.2007, p.5)
LEGISLATIVE PROCEDURECODECISION
Main characteristics:• Parity between the two co-legislators:
Parliament and Council
• Up to three readings in each institution, with possibility to conclude at each stage
• Looks complicated but designed to reach agreement (ex. different deadlines in 1st , 2nd and 3rd reading)
• If no agreement no legislation
CODECISION - FIRST READING
• Commission proposal referred to Parliament
• Committee stage:
• Possibility of joint involvement of several committees (lead and opinion)
• Appointment of rapporteur• Actors:
– Political level: committee chair, rapporteur, shadow rapporteur, coordinators, other MEPs
– Technical level: committee secretariat, CODE, staff of political groups, MEP’s assistants, legal service, tabling office etc.
CODECISION - FIRST READING
• Committee proceedings: presentation of the proposal by the Commission, “fact-finding”, draft report of the rapporteur, deadline for amendments, vote
CODECISION - FIRST READING
• Plenary:
• Adoption in plenary (SIMPLE majority)• NO time limits• Possible conclusion at 1st reading after
informal negotiations • Otherwise Council’s Common Position after
EP 1st reading
CODECISION - SECOND READING
• Time limit: 3 months (possible extension to 4 months)
• Only the lead committee deals with the dossier
• Adoption Plenary (ABSOLUTE majority - 393 out of 785)
• Possible rejection
• Possible conclusion at second reading (“early second reading agreement” or “normal” second reading agreement)
• Otherwise conciliation
MAIN DIFFERENCES BETWEEN THE
FIRST AND THE SECOND READING First
reading
• No time limits• Commission proposal considered by committee responsible and opinion giving committees• Broad admissibility criteria for amendments• Parliament decides (to approve, reject or amend the Commission proposal) by a simple majority (i.e. majority of Members voting)
Second reading
• Strict time limits of 3 or 4 months• Common position considered only by the committee responsible• Strict admissibility criteria for amendments• Parliament approves the common position by a simple majority, but rejects or amends it by an absolute majority (i.e. majority of all Members of Parliament)
CODECISION - CONCILIATION ANDTHIRD READING
• Final stage of the codecision procedure, if Council does not approve all EP second reading amendments
• Aim for Council and EP: reach agreement on a joint text with the help of the Commission
• Strict deadlines (3 x 6-8 weeks)• If agreement – third reading: approval of joint
text by EP plenary (SIMPLE majority) and Council
Note: No agreement in Conciliation Committee or failure to approve joint text either by EP or by Council = Act falls
NEGOTIATION PROCESS DURING THE CONCILIATION PHASE
EP DELEGATION
EP DELEGATION
EP DELEGATION
EP DELEGATION
COREPER ICOREPER I
COREPER ICOREPER I
TRILOGUETRILOGUE
mandate
mandate
CONCILIATIONCONCILIATION
DIFFERENCES between 1st/2nd READING and CONCILIATION with 3rd READING
First and second reading Conciliation and third reading
Responsibility Parliamentary committee/-s EP Delegation/ Vice-President EP
Time limits 1st reading: No time limits
2nd reading: 4 months (max.) for the EP and another 4 months (max.) for the Council
Max. 3 x 6-8 weeks,of which 6-8 weeks devoted to
conciliation
Amendments YES - tabled to committees and plenary
NO - approval or rejection of the joint text as a whole
Majority 1st reading: Simple majority
2nd reading: Absolute majority (at least 393 votes)
EP approval of joint text by simple majority
in a single vote
RECENT TRENDS IN CODECISION
• Increasing number of 1st and 2nd reading agreements
• “Early” second reading agreements (e.g. financial perspectives package)
• “Code of conduct for Codecision Negotiations”
• EP rejection in 1st reading (e.g. Port services -Jarzembowski report)
• Negotiations in trilogues during conciliation phase
• Recent involvement of new policy fields in codecision (e.g. asylum policies)