EPTVocabulary
To understand the processes used for creating legislation it is important to understand the terminology.
Here are some of the most important words:
Regulation: Legislation directly passed on the European level. There is no need for national politicians to pass specific legislation as long as the national laws comply with the regulation.
Directive: Legally binding agreement. A directive supplies a goal to be reached and it is expected that national parliaments pass the legislation needed to reach those goals.
Decision: The decision relates to a group of states, companies or people. It is legally binding. Decisions can be used for ie. mergers of companies.
Recommendation or Opinion: Are not legally binding. They represent opinions on a subject and can be a first step towards decisions, directives or regulations. In the normal legislative process they are part of the communication going on before passing laws and shows intentions on what an eventual vote could result in and why.
Proposals: IE. All of the above. Proposals are made by the European Commission and reviewed/changed by the European Parliament and the Council before being enforceable.
Amendments: Amendments are changes to proposals. In the parliament, amendments are open to every parliamentarian in first reading, while only the primary committee in the parliament can make amendments in the second reading!
Simple Majority (in the European Parliament): Every member of the European Parliament (MEP) has one vote. If more than 50 % of the votes cast are a yes, the proposal is passed in the European Parliament.
Qualified Majority (in the Council): In Qualified majority voting each member of the Council has a number of votes to cast, somewhat corresponding to country-size. If a proposal gets at least 260 of 352 votes and represents at least 62 % of the population in the union, it is passed. Any minority with at least 91 votes or 39 % of EU population will be able to block new legislation.
Double Majority (in the council): By November 2014 a new procedure is introduced in the Council, although countries can demand the existing qualified majority until 2017. Double majority takes over from Qualified Majority. By double majority, at least 55 % of the members of the council has to vote yes and they need to represent at least 65 % of the population of EU. A blocking minority has to comprise at least 4 states and at least 35 % of the population!
Conciliation Committee: A committee comprised of equal amounts of MEPs and members of the council. The commission is consulting. The committees job is to make a proposal passable in both the European Parliament and the Council.
The ordinary legal procedure
The following is an illustration in pictures of how an ordinary legal procedure will proceed. A brief explanation is added in case the picture is unavailable etc.:
http://imgur.com/2fOKspy
1. The European Commission writes a proposal 2. The National Parliaments adopts an opinion on the proposal. 3. EESC and/or CoR adopts an opinion on the proposal if it is necessary according to the specific rules in the field of the proposal.
http://imgur.com/KlRaRuA
1. European Parliament adopts an opinion and amendments on the proposal. 2. The European Commission amends the proposal. 3. The council either pass the proposal or adopts an opinion and adds amendments.
http://imgur.com/SjQezpi
1. The European Parliament either pass the proposal with the Councils or the lead committee of the European Parliament propose new amendments. 2. The European Commission writes an opinion on the European Parliaments amendments. 3. The Council either pass the proposal or creates a new opinion and amendments.
http://imgur.com/l5tMgrL
1. A conciliation committee is elected with equal number of members from the Council and the European Parliament. 2. Conciliation committee agrees on a final text within 6 weeks. 3. Either the Council and the European Parliament both accept the final text or the proposal falls.
It is important to note that to conclude the ordinary legal procedure includes an approval by simple majority vote in the European Parliament and a qualified majority vote in the council. During the procedures there will be extensive consultations between the European Parliament, the European Commission, the Council and, if needed, external experts, the European Economic and Social Committee or Committee of Regions.
Sources
http://www.europarl.europa.eu/sides/getDoc.do?language=EN&type=IM-PRESS&reference=20100406STO72099
http://europa.eu/legislation_summaries/glossary/qualified_majority_en.htm
