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	EU E-Learning Units
HOME CONTACT E-Learning Unit 3: The EU Institutions and Modes of Governance Introduction The Treaty Establishing a Constitution for Europe Dissolving of the Pillar Structure Reforming the Union´s Competencies A Clear-Cut Catalogue of Competences? Categories of Competences *Reforming the Procedures and Instruments* Revision Procedures Legislative Procedures Budgetary Procedure A Revised Institutional Architecture The European Parliament Increase in Competence and Function With New Strength Towards a Bicameral System A Full-Fledged Parliament? The European Council An Expanded List of Tasks The President of the European Council The Council of Ministers Composition of the Council and its Presidency The New Majority Formula An Enhanced Ability? The Union Minister for Foreign Affairs The European Commission Reforms in the Light of European 'Leitideen' An Enhanced President of the Commission The College Perspectives Towards a New Institutional Balance? In a Fusion Trend? The TCE as a Further Step in the Evolution of European States? Further Readings .	II.3 Reforming the Procedures and Instruments Aimed at a better transparency of action within the European Union the European Convention was assigned by the Laeken Declaration to review the procedures and instruments and if possible to simplify them. The Nice Treaty, which currently applies, defines more than 40 decision-making procedures [Table] and 15 forms of action of the EU. This complexity demands transparency. Faced with such a vast variety the Convention was still able to reach an agreement on the proposal of the working group 'Simplification'. The total number of instruments (legal acts of the Union) was reduced from 15 to 6. Furthermore they are categorized within a definite hierarchy of norms distinguishing between legislative acts and non-legislative act for the implementation of legislative acts (Art. I-33 TEC): Legislative acts: European law - generally applicable and is binding in its entirety and directly applicable in all member states. European framework law - binding as to the result to be achieved, upon each member state to which it is addressed, but the choice of form and methods is left to the national authorities. Non-legislative acts: European regulation - generally applicabel for the implementation of legislative acts and of certain provisions of the Constitution; either binding in its entirety and directly applicable in all member states, or binding as to the result to be achieved, upon each member state to which it is addressed. European recommendation and opinions - no binding force. The European Union´s restructured instruments apply only to fields of the former first and third pillar [Graphic], whereas the Common Foreign and Security Policy (CFSP) is still subject to its own instruments. None the less an increase in transparency can be stated due to the reduction of the instruments in number as well as their definite hirarchisation. However not only the instruments were supposed to be subject to simplification and reduction but also the decision-making procedures. Especially the instruments for legislation were to be revised aimed at reaching an increased distinctiveness of procedure. Links: Laeken Declaration (2001) Treaty of Nice (2000) Documents of the working group 'simplification'
GLOSSARY: 'Common Foreign and Security Policy (CFSP)' The Foreign and Security Policy representing an intergovernmental policy field of the European Union has been continuously expanded by the member states. The evolution from the European Political Cooperation (EPC) into the Common Security and Defence Policy (CSDP) marks a process of continuous institutionalisation.

EU E-Learning Units

CONTACT

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

Introduction
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
A Revised Institutional Architecture

II.3 Reforming the Procedures and Instruments

Aimed at a better transparency of action within the European Union the European Convention was assigned by the Laeken Declaration to review the procedures and instruments and if possible to simplify them. The Nice Treaty, which currently applies, defines more than 40 decision-making procedures [Table] and 15 forms of action of the EU. This complexity demands transparency.

Faced with such a vast variety the Convention was still able to reach an agreement on the proposal of the working group 'Simplification'. The total number of instruments (legal acts of the Union) was reduced from 15 to 6. Furthermore they are categorized within a definite hierarchy of norms distinguishing between legislative acts and non-legislative act for the implementation of legislative acts (Art. I-33 TEC):

Legislative acts:

European law - generally applicable and is binding in its entirety and directly applicable in all member states.

European framework law - binding as to the result to be achieved, upon each member state to which it is addressed, but the choice of form and methods is left to the national authorities.

Non-legislative acts:

European regulation - generally applicabel for the implementation of legislative acts and of certain provisions of the Constitution; either binding in its entirety and directly applicable in all member states, or binding as to the result to be achieved, upon each member state to which it is addressed.

European recommendation and opinions - no binding force.

The European Union´s restructured instruments apply only to fields of the former first and third pillar [Graphic], whereas the Common Foreign and Security Policy (CFSP) is still subject to its own instruments. None the less an increase in transparency can be stated due to the reduction of the instruments in number as well as their definite hirarchisation. However not only the instruments were supposed to be subject to simplification and reduction but also the decision-making procedures. Especially the instruments for legislation were to be revised aimed at reaching an increased distinctiveness of procedure.

Links:

GLOSSARY:

'Common Foreign and Security Policy (CFSP)'

The Foreign and Security Policy representing an intergovernmental policy field of the European Union has been continuously expanded by the member states. The evolution from the European Political Cooperation (EPC) into the Common Security and Defence Policy (CSDP) marks a process of continuous institutionalisation.