Revision:General Legislative Processes

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Art 252 EC introduced changes by the SEA in accordance with Parliamentary powers. The Art effectively gives the EP 2 readings for a proposed measure. First is in Art 252(a) where EP gives its opinion before the Council has adopted a common position the second reading is after the council has adopted a common position.

When originally introduced, Art 252 was used to implement many of the single mkt. measures.

The application of Art 252 has diminished by the TEU via Art 251, which upgrades the imp of EP, this process was continued by ToA.

Article 251 Procedure

Procedure has been referred to as 'Co-decision.' it has further bolstered the powers of EP. Called codecision because of the need for the joint approval from both EP and Council re the adoption of a measure and the text of the measure.

Again, this Art provides the EP with 2 readings - 1 where EP gives opinion to council before it adopts a common position, -2 occurs on assumption that the council has not approved of the EP's amendments upon its first reading.

Where suggested amendments are not accepted by the Council, the Conciliation Committee comes into play. The ToA introduced some amendments to Art251, which served to strengthen the position of EP and has expedited the procedure.

Bottom line of co-decision is that the EP can actually veto legislation, a rejection of the Council's proposed measure now means that the act will not be adopted.

The Art is complex but it serves to give accommodation to the different interests at stake. Also the time limit imposed serves to prevent endless bureaucratic obstruction.

Assent procedure

Council acts after obtaining assent of EP: act can only be adopted after it has been approved by both council and EP. It therefore grants EP a power of delay and a power of rejection. However there are no formal means of amendments. EP's rules now provide for possibility of an n interim report providing for the recommendations for modification, etc. Procedure was intro by the SEA and after ToA, it is applicable for the following: Arts 49, 105(6), 107(5), 161.

Delegated Legislative Power by the Commission

Required for areas where regulations are needed to be quickly passed in order to maintain Comm norms and to counteract changing economic environment. Council has delegated power to the Commission to pass such legislation within particular areas but note that this power is not carte blanche and have imposed institutional constraints i.e. Committees that represent the MS interests.

For 2 reasons-

1. MS may disagree to the content of the more detailed norms.
2. because the council was weary of the Commission's federalising tendencies.

Council conditioned the exercise of delegated powers by the Commission where it was met by approval from a committee consisting of representatives of the MS.

Art 202 provides firm foundation for the delegation of powers to Commission. It confirms the council's right to confer on to the Commission the authority to implement rules that the council lays down. It also allows the council to lay down conditions for its exercise.

Article 192: the seeds of Legislative Initiative for EP

Art 192 allows EP to act as a catalyst for the initiation of the legislative process. It provides the EP to request the Commission to submit a proposal to the council where it feels that a Comm act is needed for the furtherance of the aims of the Treaty. Although there is no legal requirement for the Commission to act upon EP's requests, there is an agreement between the 2 institutions that it will give 'the greatest possible account' to any such request.

Allows for a more proactive role for the EP.

Article 208

Allows for the council to take a more proactive role in the initiation of legislation. It allows the Council to request that the Commission undertakes any studies that it feels is beneficial for the common objectives.

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