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E-Learning Unit 3: The EU Institutions and Modes of Governance

  1. Introduction
  2. The Treaty Establishing a Constitution for Europe
    1. Dissolving of the Pillar Structure
    2. Reforming the Union´s Competencies
      1. A Clear-Cut Catalogue of Competences?
      2. Categories of Competences
    3. Reforming the Procedures and Instruments
      1. Revision Procedures
      2. Legislative Procedures
      3. Budgetary Procedure
  3. A Revised Institutional Architecture
    1. The European Parliament
      1. Increase in Competence and Function
      2. With New Strength Towards a Bicameral System
      3. A Full-Fledged Parliament?
    2. The European Council
      1. An Expanded List of Tasks
      2. The President of the European Council
    3. The Council of Ministers
      1. Composition of the Council and its Presidency
      2. The New Majority Formula
      3. An Enhanced Ability?
    4. The Union Minister for Foreign Affairs
    5. The European Commission
      1. Reforms in the Light of European 'Leitideen'
      2. An Enhanced President of the Commission
      3. The College
  4. Perspectives
    1. Towards a New Institutional Balance?
    2. In a Fusion Trend?
    3. The TCE as a Further Step in the Evolution of European States?
  5. Further Readings

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III. With New Strenght Towards a Bicameral System

Already the Convention has confirmed and added to the position of the European Parliament and its legislative functions. The Constitutional Treaty has largely adopted these provisions proposed by the Convention. "Codecision" has thus been extended and enhanced to become the 'ordinary legislative procedure' [Graphic] for European Laws and European Framework Laws (Art. I-33 TCE).

Compared to the cases of current co-decision procedures, the ordinary legislative procedure will be applied in almost twice the number of articles of Union legislation [diagram]. Moreover, this standard legislative procedure was introduced for 47 articles, and it was extended to additional central policy fields - such as asylum and immigration policy, as well as the measures taken in fighting international crime and terrorism.

The procedure of consent has also gained relevance in the written text. Nonetheless, those cases with no participation of the European Parliament are not to be overlooked [Integrationtrends].

The annual budgetary procedure (Art. III-404 TCE) has, after Nice, come under the ordinary legislative procedure, though the IGC has introduced small amendments to the Convention draft in favour of the Council.

Taken together, these modifications amplify a trend towards a 'three-polar community method'; starting from the re-confirmed and newly extended monopoly of legislative proposal residing with the Commission, the European Parliament and the Council have been attributed key roles in a "legislative bicameral system".

 

 

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GLOSSARY:

 

'Community Method'

The Community Method stands for decision-making procedures that allow for a transparent, effective and democratic functioning of the European Union. It is based on the interplay between three autonomous institutions: the European Commission, the European Parliament and the Council of Ministers (also called ,institutional triangle'). The key features of the community method are: The European Commission has the monopoly to introduce legislative initiatives. The Council of Ministers representing member states decides by qualified majority in most cases (amendments of Commission proposals require unanimity). The EP directly elected by European citizens co-legislates or is at least consulted.

The EU institutions, member states and interested parties can take a case to the European Court of Justice.

The community method currently applies to issues related to the 'first pillar'.