European Law the Ordinary Legislative Procedure

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  • Topic: European Union, European Parliament, Treaty of Lisbon
  • Pages : 7 (2450 words )
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  • Published : November 18, 2012
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n European Law the Ordinary legislative procedure is used when drafting hard law to ensure that the democratically elected representatives of the EU citizens have an equal say in appropriate areas of law making. There will be a brief analyse of the Ordinary legislative procedure and a discussion on it.

European Law is very complex law , within EU law there is various different treaties which are in place. Two most significant treaties which have importance to the legislative process are The Treaty on European Union and the Treaty on the functioning of the European Union.

The Treaty on European Union also known as the Maastricht Treaty was signed in Maastricht 7th of February 1992 and the Treaty on the functioning of the European Union also was known as the treaty of Rome until the Treaty of Lisbon came Enforce and changed it’s name , the original Treaty of Rome was signed in 25 March 1957. These two treaties have effect on the constitute of the Union , and in effect these two documents had all ready created a Federal State which was recognised by the European Court of Justice this was before the Treaty of Lisbon as put in place.

Within EU there are two types of Legislation Primary and Secondary. Primary legislation is the ground rules or basis which is set out in the treaties. Secondary Legislation includes regulations, directives and decisions these are derived from the principles and objectives set out in the treaties .The EU’s standard decision-making procedure is known as 'co-decision'. This means that the directly elected European Parliament has to approve EU legislation together with the Council. The TEU established the co-decision procedure , this provided the European Parliament with new powers of amendment and right to reject legislation. This procedure was carried on through out all the treaties , however the Treaty of Lisbon renamed the co-decision procedure to the ordinary Legislative procedure. The ordinary Legislative procedure is highlighted in article 294 of the TFEU. The ordinary Legislative Procedure must be applied wherever the legal base provides that an act shall be adopted “ in accordance with the ordinary legislative procedure” (art 294 (1) TFEU.)

The procedure begins with the commission submitting a proposal to the European Parliament and the council. The commission also take into account since the treaty of Lisbon they must also propose this forward to the national parliaments this can be seen in protocol 1 and 2 of the TEU. The next stage is the first reading and normally the first reading is by the European parliament.

First Reading

The parliament decides whether or not to view the proposal which was made by the commission , the parliament then contacts the council and tells them its view of the proposal. Then there are two possibilities which can arise: If the council approves the Parliament’s position , the council , acting by qualified majority , shall adopt the act concerned . The wording of the act will correspond to the position of the parliament ( art 294(4) TFEU);. If the Council does not approve the Parliament’s position , the Council , acting by a qualified majority ; shall adopt its position and communicate its position to the parliament and communicate its position to the parliament (art 294(5) TFEU.) The Council shall inform the Parliament fully of the reasons why it adopted its own position at first reading (art 294(6 TFEU). This will obviously include reasons as to why the council has rejected the Parliament’s position. The commission shall also inform the Parliament fully of its position (art 294(6) TFEU).

The first reading of legislation is very length and time consuming. When the council disapproves of the legislation instead of going straight to the commission who projected the future piece of legislation they report back to the Parliament then vice versa . This is making this process very complex as instead of doing two steps this...
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