Have you ever wondered how EU law is really adopted? The simulation of the formal procedures under which EU institutions produce EU law lies at the heart of MEU.
In MEU 2012 participants will have the rare opportunity to simulate two different EU legislative procedures: (1) the ordinary legislative procedure (OLP) and (2) the consultation procedure. MEU 2012 will therefore be a unique educational experience for its participants, as they will be able to be acquainted with, understand and compare two substantially different procedures of law-making in the EU.
Both the OLP and the consultation procedure are set out in article 289 of the Treaty on the Functioning of the European Union (TFEU). The choice of procedure is determined by a legal base set out in the Treaties (TEU and TFEU). Each legal base empowers the EU to legislate in the given field and sets out the scope for EU legislation in the area. It also determines the legislative procedures and types of acts that can be adopted.
More specifically:
(1) The ordinary legislative procedure (OLP)
The ordinary legislative procedure, previously referred to as the ‘co-decision procedure’, consists in the joint adoption by the European Parliament and the Council of a regulation, directive or decision on a Proposal by the European Commission. In essence, the OLP is the development of the so-called ‘Community method’ of decision-making, which combines technocratic proposals emanating from the European Commission and legislative acts taken in co-decision by the European Parliament and the Council of the European Union, acting by qualified majority. The acts in question are controlled by a supranational judicial authority, the Court of Justice of the European Union.
The OLP is defined in article 294 TFEU and has been significantly favoured by the Lisbon Treaty in an effort to tackle with the so-called ‘democratic deficit’ in the EU. Under the OLP, the European Parliament and the Council operate on an equal basis and are both entitled to a maximum of two readings of each Proposal submitted to them by the European Commission. Proposals may be adopted at first reading; however, in the event that the Council does not share the views expressed by the European Parliament at first reading, it may adopt a common position, on the basis of which the second reading will be conducted. If the Council does not approve of all the amendments adopted by the European Parliament at second reading, the President of the Council, in agreement with the President of the European Parliament, will convene a meeting of the Conciliation Committee.
(2) The consultation procedure
The consultation procedure is one of the two legislative procedures referred to under the name of the ‘special legislative procedure’ stipulated in Article 289 (2) TFEU. The procedure includes three stages: (a) the Commission submits a Proposal to the Council; (b) the Council consults the Parliament; and (c) the Council adopts the measure in question acting either by qualified majority or by unanimity, depending upon the field at issue. The central feature of the consultation procedure is undoubtedly the Council’s duty to consult the Parliament. The Council is obliged to reconsult the European Parliament if the text is amended. The European Parliament has the following powers: (i) it can approve of the Proposal by the Commission; (ii) it can reject it; (iii) it can ask for amendments by the Commission; and (iv) it can abstain from giving an opinion. Finally, it must be pointed out that the Council is not bound by the Parliament’s opinion, but it may not adopt legislation before having received the Parliament’s opinion.
Detailed guidance on how the OLP and the consultation procedure will run in MEU will be provided in the Rules of Procedure.