Ordinary Legislative Procedure

Ordinary Legislative Procedure
Name	Ordinary Legislative Procedure
Type	Legislative process
Jurisdiction	European Union
Formed	1993
Related	Treaty of Maastricht; Treaty of Lisbon

Contents

Ordinary Legislative Procedure

The Ordinary Legislative Procedure is the principal lawmaking process of the European Union established by the Treaty of Maastricht and substantially amended by the Treaty of Lisbon. It governs how the European Commission, the Council of the European Union, and the European Parliament adopt secondary legislation, involving trilogue negotiations, multiple readings, and potential referral to the European Court of Justice. The procedure shapes policy outcomes across areas such as the Single Market, Customs Union, Schengen Area, and harmonization measures under the Treaty on the Functioning of the European Union.

Overview

The Ordinary Legislative Procedure allocates proposal, amendment, and adoption powers among the European Commission, the European Parliament, and the Council of the European Union under provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. It replaced the co-decision procedure and extended the Parliament’s role in domains including the European Atomic Energy Community-related matters and many internal market policies. The procedure intersects with instruments such as regulations of the European Union, directives of the European Union, and decisions of the European Union and is distinguished from special legislative procedures involving the European Central Bank or the European Investment Bank.

Origins trace to treaty reforms beginning with the Single European Act and the Maastricht Treaty, which created the co-decision mechanism alongside developments in the European Economic Community and the European Coal and Steel Community. The Amsterdam Treaty and later the Nice Treaty expanded co-decision scope, culminating in Lisbon where co-decision was renamed the Ordinary Legislative Procedure and its scope extended to areas previously reserved to the Council of Ministers. Landmark episodes include contentious negotiations during the Agenda 2000 reforms and legislative battles involving the Common Agricultural Policy and the Services Directive, with influential figures such as Jacques Delors, Jean-Claude Juncker, and José Manuel Barroso shaping institutional dynamics. Judicial interpretation by the European Court of Justice and political choices in the European Council have influenced procedural practice.

The process typically begins with a proposal from the European Commission, often prepared after stakeholder consultations involving institutions such as the Committee of the Regions and the European Economic and Social Committee. The European Parliament adopts positions in committee stages—e.g., the Committee on Constitutional Affairs, the Committee on the Internal Market and Consumer Protection, or the Committee on Legal Affairs—followed by plenary votes. The Council of the European Union examines files in preparatory bodies like the Permanent Representatives Committee (COREPER) and in rota presidency-driven meetings of national ministers. Where Parliament and Council disagree, conciliation attempts occur through trilogues that may involve representatives linked to presidencies such as those from Germany, France, Italy, Poland, or Spain. If agreement is reached, the act is adopted; if not, the procedure can proceed to a conciliation committee and, potentially, referral to the European Court of Justice or use of the passerelle clauses in the Treaty of Lisbon.

The European Commission holds the exclusive initiative power and proposes legislation, drawing on impact assessments and input from agencies like the European Medicines Agency and the European Banking Authority. The European Parliament exercises democratic scrutiny through plenary votes and has budgetary authority shared with the Council of the European Union and oversight links to the European Court of Auditors and the European Ombudsman. The Council of the European Union represents member state governments and coordinates national ministers, often negotiating compromises informed by national capitals such as Berlin, Paris, Rome, and Madrid. Other actors include the European Council (setting political direction), the European Commission’s Directorate-General for Internal Market, and specialist bodies like the Agency for Fundamental Rights that influence content.

The Ordinary Legislative Procedure applies across numerous policy domains, including legislation affecting the Single European Act-linked internal market, the Common Agricultural Policy aspects coordinated with the Committee on Agriculture and Rural Development, and measures touching on environmental protection implemented by agencies such as the European Environment Agency. It governs harmonization in areas involving the Charter of Fundamental Rights of the European Union and cross-border aspects touching the Schengen Area, consumer protection laws referenced by the European Consumer Organisation (BEUC), and financial services reforms tied to directives like the Markets in Financial Instruments Directive and regulations influenced by the European Securities and Markets Authority.

Critics argue the procedure concentrates informal power in trilogues and limits transparency, prompting calls for greater openness from actors like Transparency International and reform proposals championed by members of the European Parliament such as Guy Verhofstadt or Ska Keller. Proposals include codifying trilogue practices, enhancing access by civil society groups like Greenpeace and Amnesty International, revising the role of the European Commission in drafting, and empowering national parliaments via mechanisms inspired by the Subsidiarity Monitoring Network. Reform debates surface in institutional venues including the Conference on the Future of Europe and during treaty reform discussions involving participants such as Angela Merkel, Emmanuel Macron, and representatives from Visegrád Group states. Opponents of change cite concerns expressed by the European Council and by legal scholars from institutions like College of Europe and European University Institute about complexity and legal certainty.

Category:European Union legislation