Legislature of the European Union

As an independent organization with a legal personality, the European Union and the European Atomic Energy Community have their own legislative powers.

While in the legal systems of the Member States, the Parliament represents the will of the people, it is in the European Union, the representatives of the Member States in the Council, which play an important role in the regulation. In binding acts of general application (regulations and directives ), the European Parliament has co-decision rights, however, the Representatives of the Governments of the Member States must also follow in these areas.

• 3.1 Delegated acts
• 3.2 Implementing acts
• 3.3 acts pursuant to the Treaties

Classification

On one hand, the acts of the European Union are divided into legislative acts and non-legislative acts. On the other hand, they are divided into Article 288 TFEU according to their legal effects in:

• Regulations
• Guidelines
• Decisions
• Recommendations
• Comments

Legislative acts

In principle, the adoption of legislative acts of the EU is as follows:

• Proposed by the Commission
• Parliament to varying degrees participation: not involvement
• Hearing
• Approval
• Equal co-decision (ordinary legislative procedure )

The different involvement of Parliament thus constitutes the essential difference in the different legislative procedures.

The European Commission generally has the sole right of initiative, which is considered by some as a reason for the democratic deficit of the European Union. The European Parliament ( under Article 225 TFEU ) and the Council of the European Union ( in accordance with Article 241 TFEU), the Commission may request, propose legislation. Such a request is also Union citizens in the context of a citizens' initiative (Art. 11 TEU and Article 24 TFEU).

The Treaty on the Functioning of the European Union legislation following methods are provided:

Ordinary legislative procedure

The ordinary legislative procedure (Art. 294 TFEU, formerly co-decision, also co-decision procedure code COD ) is the main legislative procedure by now. Here Parliament has a full right of participation and may also prevent an act. In case of disagreement between the Council and Parliament to convene a conciliation committee is provided.

Special legislative procedure

The special legislative procedure laid down in the respective legal bases. Under Article 289 TFEU, the Council of the European Union shall, with the participation of the European Parliament or, exceptionally, the European Parliament with the participation of the Council of the European Union. The most important methods are the consultation procedure and the assent procedure.

Consultation procedure ( CNS)

The consultation or consultation procedures (code CNS) is only in matters which are not expressly made ​​subject to the approval or the ordinary legislative procedure. It was the original legislative process of the European Communities.

Following a proposal from the Commission and the opinion of the European Parliament and, where appropriate, the European Economic and Social Committee and the Committee of the Regions of the Council on the adoption of the proposal decides by qualified majority or, as it was originally intended, unanimously. He may amend the Commission's proposal by unanimous decision.

Approval process (AVC )

The assent procedure (code AVC) was introduced by the Single European Act and gives Parliament the opportunity to consent or to refuse consent to the adoption of certain acts of the Council. However, the Parliament can not amend the proposal. After approval by the Parliament of the Council on the adoption of the draft decision, with a qualified majority or, where this is expressly provided for, unanimously. However, it can change by unanimous decision and the Commission's proposal.

The European Parliament has a veto in these areas. The procedure was originally intended only for the conclusion of association agreements and the examination of applications for accession to the European Community and currently is used for example in the following areas:

• Subsidäre authorization act ( Article 352 TFEU )
• Aspects of non-discrimination and citizenship (Article 19 and Article 25 TFEU);
• Creation of a European Public Prosecutor (Article 86 TFEU)
• Procedure for elections of the European Parliament (Article 223 TFEU);
• Certain international agreements, in particular when to involve Parliament in internal legislation would be (Art. 218 TFEU);
• Multiannual financial framework (Article 312 TFEU)

Former Procedures: Cooperation procedure ( SYN)

The cooperation procedure (Code SYN, recently regulated in Article 252 of the EC Treaty) gave the European Parliament when it was introduced by the Single European Act, the first time the opportunity to participate not only in an advisory capacity in the legislative process. Parliament can amend the common position of the Council; unlike the codecision procedure, the final decision lies with the Council.

After the Treaty of Amsterdam, the process certain areas of economic and monetary union was intended. The Treaty of Lisbon, the cooperation procedure was completely abolished.

Non-legislative acts

In addition to the legislative acts of the Treaty on the Functioning of the European Union also knows Non-legislative acts. These are based, as the delegated acts and implementing acts, to legislative acts or directly on the Treaties.

Delegated acts

In order to reduce the detailed flood of legislative acts, the Lisbon Treaty provides for the establishment of delegated acts. The Council and Parliament may authorize the Commission in legislative acts to adopt delegated acts (Article 290 TFEU). Those delegated acts can not perform essential points of the legislative act to supplement or amend.

Even in the case of delegated legislation remains the actual legislative bodies the right to

• To revoke the authority of the Commission or
• To appeal against the Commission's decision in a reasonable period of objections; be such objection, the decision of the Commission shall not enter into force.

In both cases, it is sufficient if the Council, acting by qualified majority, or Parliament so decide.

The application of delegated acts shall submit to the Treaty on the Functioning of the European Union (TFEU ) firmly. The conditions for the delegation of power shall be determined separately in each legislative procedure.

Implementing acts

In principle, the Member States are responsible to lay down detailed rules for the implementation of legislative acts. Under Article 291 TFEU, the Commission or, in special cases, the Council may be empowered to adopt implementing acts. This is especially the case if it requires uniform conditions for implementing legally binding acts. As far as the Commission shall adopt implementing acts, it will be by the Member States in the framework of special committees controlled (comitology). For information on defining a regulation which was adopted by the Council and the European Parliament in accordance with the ordinary legislative procedure.

Acts pursuant to the Treaties

In addition to these methods, there are other non-legislative acts that make the institutions of the European Union, respectively in accordance with the rules laid down in the Treaties. In addition to the legislative bodies the Council and Parliament may adopt such acts by other institutions, such as the European Commission or the European Central Bank, shall be adopted.

Certain non-legislative acts shall be adopted similar to the legislative acts of the Council and European Parliament, together. Here are also the methods described above, as the hearing process or the approval process applied. Examples are:

• International agreements: Under Article 218 TFEU usually decides the Council; especially if parliamentary approval is necessary for appropriate legislative acts, so his approval for corresponding international agreements is necessary.
• Detection of human rights violations (Article 7 TEU ): The European Council and the Council shall, with the consent of the European Parliament.
• Simplified contract amendment procedure (Article 48 TEU ): The European Council shall, with the consent of the European Parliament.
• Accession of new Member States (Article 49 TEU ): The Council, acting with the consent of the European Parliament.
• Arrangements on exit from Member States (Article 50 TEU): Here, the Council shall, with the consent of the European Parliament
• Authorization of enhanced cooperation

Criticisms

Critics complain that the operation, in particular in the methods of cooperation and the hearing was not sufficiently transparent (comitology). Overall, the empowerment of national parliaments is often criticized as being too limited ( the EU's democratic deficit ). To counteract this, is the Treaty of Lisbon, which entered into force on 1 December 2009, provided an "early warning system " in which national Parliaments shall be informed of all legislative proposals of the Commission and these have the ability to compliance with the principle of subsidiarity check and to intervene if necessary.

In addition, the parliaments of the Member States shall cooperate in the Conference of European Affairs Committees ( COSAC).