Passerelle Clause

As Passerelle control ( also bridging clause passerelle clause or in the spelling gangway clause), a method is generally referred to, in which a body that would make a decision actually unanimously, may decide unanimously to make this decision by majority vote. Such regulations can be found for example in some treaties or executive agreements of the German states.

EU Passerelle control

Well known is the passerelle provision which was introduced by the Treaty of Lisbon in the European Union. Accordingly, the European Council may decide ( the organ of State and Government ) unanimously, that may be decided in specific policy areas for which actually is provided in the Council of the European Union unanimity by qualified majority. However, in this case ( ie, in Germany the Bundestag and Bundesrat ), the national parliaments a veto; So they could block such a decision of the European Council.

Fully reads the passage in question (Article 48, paragraph 7) in the new EU treaty:

" ( 1) In cases where the Council of this agreement unanimously in a region or in a particular case in accordance with the Treaty on the Functioning of the European Union or Title V, the European Council may adopt a decision authorizing the Council to this area or to act by qualified majority in this case. This subparagraph shall not apply to decisions having military or defense implications. ( 2) In cases where, in accordance with the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the legislative acts may be adopted in accordance with the ordinary legislative procedure. Taken ( 3) Each of the European Council on the basis of subparagraph 1 or subparagraph 2 shall be notified to the national Parliaments. If this proposal is rejected within six months after the submission of a national parliament, the decision referred to in subparagraph 1 or subparagraph 2 shall not be adopted. In the absence of opposition, the European Council may adopt the decision. ( 4) The European Council shall adopt the decisions referred to in sub-paragraphs 1 or 2 unanimously after obtaining the assent of the European Parliament, which shall act by a majority of its members. "

Passerelle control in the Basic Law

The Basic Law knows now in the newly inserted Article 91c paragraph 2, sentence 2 of the Basic Law also such a scheme.