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The ordinary legislative procedure

8 important questions on The ordinary legislative procedure

To understand the OLP, it helps to remember that it is a PROCESS and that what?

That what happens at one stage of the process has an impact on what happens at the next stage, either by opening up new possibilities or by restricting the scope for action.

The Lisbon Treaty has also enhanced the role of national parliaments in the legislative process. The Commission has to send all draft legislative acts to the national parliaments at the same time as they are sent to the EU Council and EP, to allow the national parliament to what?

To establish whether the draft legislative texts comply with the subsidiarity principle. In their role as 'watchdogs' of the principle of subsidiarity at an early stage of the decision-making procedure, national parliaments are able to contest the legality of the draft legislation.

Once the proposal is public, the hustling becomes intensive. Further interest groups will become active, because at this stage it is easier to be aware of a proposal and its likely contents. The Council and EP will solidify their positions, and behind the scenes there is often regular contact between whom and in order to do what?

Between national ministers, the Committee of Permanent Representatives (Coreper), and members of the EP (MEPs), in order to prepare the ground for a possible conciliation process, or even avoid it altogether by reaching early agreement.

Conciliation (procedure) = The third stage of the OLP, at which point an equal number of representatives of the EP and Council get together to try to work out an agreement acceptable to all. The conciliation procedure always applies if the EU Council does not approve all of the amendments of the EP adopted at its second reading.

The OLP requires what to support the proposal?

A qualified majority in the EU Council and an absolute majority of MEPs to support the proposal.

The Commission receives amended versions of the proposal from both the EP and the EU Council. It then tries to do what?

To revise the proposal to satisfy the other two institutions. If this process works, the legislation can be agreed.

What happens if the conciliation committee is succesful?

The legislation is put to the vote in the EP and the Council. If the relevant majorities are to be found, the legislation is passed; if not, it fails. The conciliation process has entrenched something of a culture of collaboration between the EP and Council, meaning that failure to produce legislation is rare.

Once the legislation is agreed, the member states implement it according to their own national systems and processes, but with a care to ensure that the agreed objective is met by each of them. What happens where implementation is not complete?

Member state can be prosecuted by the Court under infringement proceedings.

Infringement proceedings = An action for breach of European law that may result in a court case.

That said, the Commission has no powers to inspect policy implementation, except in competition and agriculture policies, so it is, in reality, the task of citizens or interest groups to do what?

To report problems to the Commission, which then decides whether the evidence is sufficient, or the political climate conducive, to such a challenge.

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The ordinary legislative procedure

8 important questions on The ordinary legislative procedure

To understand the OLP, it helps to remember that it is a PROCESS and that what?

The Lisbon Treaty has also enhanced the role of national parliaments in the legislative process. The Commission has to send all draft legislative acts to the national parliaments at the same time as they are sent to the EU Council and EP, to allow the national parliament to what?

The OLP requires what to support the proposal?

The Commission receives amended versions of the proposal from both the EP and the EU Council. It then tries to do what?

What happens if the conciliation committee is succesful?

Once the legislation is agreed, the member states implement it according to their own national systems and processes, but with a care to ensure that the agreed objective is met by each of them. What happens where implementation is not complete?

That said, the Commission has no powers to inspect policy implementation, except in competition and agriculture policies, so it is, in reality, the task of citizens or interest groups to do what?

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