The legislative process of the European Community
is based on simple principles: the European Commission prepares draft
proposals; the Council of ministers confers on those proposals and
asks the opinion of Parliament so that the proposals take into account
the interests of the population. Today, in most areas, the adoption
of acts requires a codecision of Parliament and the Council.
|
|
The codecision procedure was introduced by the Maastricht Treaty
(Article 251). In this procedure, Parliament and the Council share
the same legislative power. They must reach an agreement or the
legislative process will be interrupted and the project will be
abandoned.
Today, the codecision procedure is by far the most common. Since
the Amsterdam treaty, the Cooperation Procedure, in which the Council,
by unanimous decision, may go against Parliament's opinion, only
concerns certain aspects related to the European Union's economic
and monetary affairs. Particularly, everything related to public
health, consumers, or interior market, and therefore the proposals
currently under discussion on medicinal products, fall under the
codecision procedure.
The procedure involves the following steps:
First reading
Parliament deliberates on a proposal of the European Commission,
which has already been submitted to the relevant parliamentary commission
(in this case, the Environment-Health commission has made a decision
on both proposals under discussion for medicinal products). Parliament
then gives its opinion to the Council. At this stage, the Economic
and Social Committee and the Committee of the Regions may give their
opinion (ESC did so on the proposals for medicines).
If Parliament does not modify the proposal, or if the Council accepts
all amendments proposed by Parliament, the act may be adopted by
the Council. Otherwise, there is a second reading.
Second reading
The Council establishes a common position by a qualified majority
(62 votes out of 87, or 71% of all votes (*)). The common position
is sent to Parliament for a second reading. Parliament may do one
of three things:
If Parliament approves the Council's common position or takes
no action within a three-month period, the act is adopted;
If Parliament rejects by absolute majority the Council's
common position, the legislative procedure comes to an end and the
project is abandoned;
If Parliament makes amendments to the Council's common position,
the procedure continues as follows:
- the Council may approve and adopt all amendments proposed by Parliament;
- the Council may reject some amendments, or others may not be approved
by the required majority. The President of the Council, in conjunction
with the President of Parliament, convenes the Conciliation Committee
(composed of 15 representatives of the Council and 15 representatives
of Parliament) which will seek an agreement that may be adopted
by the required majority in both institutions. The agreement undergoes
a third reading.
Third reading
Parliament and the Council have six weeks to make a decision on
the agreement. The act must be adopted by qualified majority in
the Council and by absolute majority by Parliament.
If the conciliation fails, the legislative procedure comes to an
end.
©Medicines in Europe Forum 15 October
2002
______________
(*) Each Member State has a fixed amount
of votes for Council decisions: Germany, France, Italy, and the United
Kingdom, 10; Spain, 8 ; Belgium, Greece, Portugal, and the Netherlands,
5 ; Austria and Sweden, 4 ; Denmark, Ireland, and Finland, 3 ; Luxembourg,
2.
______________
Sources
1- "L'Europe je veux savoir" Éditions Luc Pire et
Parlement européen, Bruxelles 2001 : 175 pages.
2 - "L'ABC du droit communautaire" Commission européenne,
Direction Générale Éducation et Culture, Bruxelles :
115 pages.
3 - "Glossaire Scadplus" Site internet http://europa.eu.int.
|