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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.3.2 Legislative Procedures Since the 'principle of conferral' has not been abolished and the differentiation between legislative and non-legislative acts has remained vague, results of the restructuring of the legislative procedures turn out to be relative slim. Even though the cooperation procedure (Art. 252 TEC) has not been applied in practice since the Amsterdam Treaty (1999), it was only formally abolished by the Constitutional Treaty. Apart from this reform the simplification of the procedure of international contract conclusion (Art. III-325 TCE) signifies another fundamental simplification. Furthermore the co-decision procedure (Art. 251 TEC) [Graphic] was slightly modified and is now called the 'ordinary legislative procedure' [Graphic]. Council and European Parliament act as equals according to this legislative procedure, whereby the Council decides at qualified majority vote in general. Apart from few exemptions the Commission remains the sole initiator. 128 out of 330 cases of conferral provide for European laws and framework laws to be decided according to the ordinary legislative procedure [Table]. This can be read as an approach of systematisation. None the less 60 cases of conferral of Part III define procedures which are not envisioned by Part I of the TCE. An increase in transparency is thereby cut off at the beginning. II.3.3 Budgetary Procedure The budgetary procedure (Art. 272 TEC [Graphic]; Art. III-404 TCE) marks a specific case of legislation. The debate on its reform was focused on the EP´s rights to participate. Members of European Parliament asked for attributing the EP with the full-fledged budgetary right. This would have included the non-obligatory expenditures, which had not been one of the EP´s rights so far. The budgetary competences of the EP were finally mentioned in Article I-20 Par. 1 TCE after a period of hesitation on the part of the heads of state and government in the Convention. The differentiation between obligatory and non-obligatory expenditures is not updated by the Constitutional Treaty, which legally grants the EP full rights of budgetary codetermination. The budgetary procedure itself was intensely discussed by the IGC. Finally it was simplified and conformed to the 'ordinary legislative procedure'. Apart from the abolishment of the differentiation between obligatory and non-obligatory expenditures the number of readings in the European Parliament and in the Council provided for by the treaty is reduced to one single reading. The mechanism of conflict solving in case of no agreement reached by the conciliation committee is changed as well. The final decision is to be taken by the EP, which can adopt the budget by a reinforced 3/5 majority vote [Graphic]. Links: Nice Treaty Treaty establishing a Constitution for Europe
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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.3.2 Legislative Procedures

Since the 'principle of conferral' has not been abolished and the differentiation between legislative and non-legislative acts has remained vague, results of the restructuring of the legislative procedures turn out to be relative slim.

Even though the cooperation procedure (Art. 252 TEC) has not been applied in practice since the Amsterdam Treaty (1999), it was only formally abolished by the Constitutional Treaty. Apart from this reform the simplification of the procedure of international contract conclusion (Art. III-325 TCE) signifies another fundamental simplification.

Furthermore the co-decision procedure (Art. 251 TEC) [Graphic] was slightly modified and is now called the 'ordinary legislative procedure' [Graphic]. Council and European Parliament act as equals according to this legislative procedure, whereby the Council decides at qualified majority vote in general. Apart from few exemptions the Commission remains the sole initiator.

128 out of 330 cases of conferral provide for European laws and framework laws to be decided according to the ordinary legislative procedure [Table]. This can be read as an approach of systematisation. None the less 60 cases of conferral of Part III define procedures which are not envisioned by Part I of the TCE. An increase in transparency is thereby cut off at the beginning.

II.3.3 Budgetary Procedure

The budgetary procedure (Art. 272 TEC [Graphic]; Art. III-404 TCE) marks a specific case of legislation. The debate on its reform was focused on the EP´s rights to participate. Members of European Parliament asked for attributing the EP with the full-fledged budgetary right. This would have included the non-obligatory expenditures, which had not been one of the EP´s rights so far. The budgetary competences of the EP were finally mentioned in Article I-20 Par. 1 TCE after a period of hesitation on the part of the heads of state and government in the Convention. The differentiation between obligatory and non-obligatory expenditures is not updated by the Constitutional Treaty, which legally grants the EP full rights of budgetary codetermination.

The budgetary procedure itself was intensely discussed by the IGC. Finally it was simplified and conformed to the 'ordinary legislative procedure'. Apart from the abolishment of the differentiation between obligatory and non-obligatory expenditures the number of readings in the European Parliament and in the Council provided for by the treaty is reduced to one single reading. The mechanism of conflict solving in case of no agreement reached by the conciliation committee is changed as well. The final decision is to be taken by the EP, which can adopt the budget by a reinforced 3/5 majority vote [Graphic].

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