Probleem 8 – To ask or not to ask, that is the (preliminary) question
Leerdoelen:
Leerdoel 1: What are the EU legislative procedures and how do they work?
Leerdoel 2: What is the preliminary ruling procedure and how does it work?
Leerdoel 3: Are national courts allowed to nullify EU legislation?
Boek 1: Amtenbrink & Vedder, hoofdstuk 4, paragraaf 3-4.4 p. 221-226, hoofdstuk 5, paragraaf 3.1 p. 309-
319 en paragraaf 3.2 p. 322-324
Leerdoel 1: What are the EU legislative procedures and how do they work?
Ordinary legislative procedure:
The standard legislative procedure, which means that it is used very frequently.
If there is an ordinary legislative procedure, there must also be special legislative procedures.
Art. 294 TFEU: the procedure:
1. Starting with a proposal from the Commission that is submitted to both the Council and the
European Parliament.
2. First reading: the Parliament takes the lead and the Council makes a decision on the basis of the
Parliament’s position.
If the Council agrees with the Parliament, the act is adopted in accordance with the
Parliament’s position.
If the Council disagrees with the Parliament, it adopts its own position at first reading.
3. The Council’s position is communicated to the European Parliament, which has three months >
second reading, to approve this position or refrain from adopting a decision.
The Parliament can also amend or reject the Council’s position.
When amending the position, the ball is returned to the Commission and the Council.
The Commission advises the Council on the amendments.
If the Council subsequently approves all the amendments, the act has been
adopted.
If the Council doesn’t approve all the amendments, the President of the Council
and the President of the European Parliament convene a meeting of the
Conciliation Committee. There, representatives of the Council and the European
Parliament try to reach a compromise.
The Commission serves as a mediator.
If within six weeks of being convened, the Conciliation Committee cannot
agree on a joint draft text, the act hasn’t been adopted.
If the Committee is able to agree on such a text, the third reading occurs.
4. Third reading: the Council and the European Parliament both have six weeks to adopt the act in
accordance with the joint draft text. The Council must adopt the decision by qualified majority,
while the Parliament must approve the joint draft text by a majority of votes.
Special legislative procedures:
Article 87(3) TFEU: a special legislative procedure for adopting measures concerning operational
cooperation in the field of police cooperation.
General: special legislative procedures tend to apply in areas of considerable political sensitivity.
Areas of considerable political sensitivity: areas where the member states sought to ensure that
the action taken at the EU level are very closely aligned with the political preferences of every
individual member state.
Regulating decision-making by the Council, by the old consultation procedure: the CJEU regarded a
failure to consult Parliament as a violation of an essential procedural requirement that could render an
act adopted by the Council null and void.
Article 48(7) TEU: passerelle clause: the European Council, acting by unanimity, can decide that acts
currently adopted in accordance with the special legislative procedure shall henceforth(=voortaan) be
adopted in accordance with the ordinary legislative procedure.
Leerdoel 2: What is the preliminary ruling procedure and how does it work?
Leerdoelen:
Leerdoel 1: What are the EU legislative procedures and how do they work?
Leerdoel 2: What is the preliminary ruling procedure and how does it work?
Leerdoel 3: Are national courts allowed to nullify EU legislation?
Boek 1: Amtenbrink & Vedder, hoofdstuk 4, paragraaf 3-4.4 p. 221-226, hoofdstuk 5, paragraaf 3.1 p. 309-
319 en paragraaf 3.2 p. 322-324
Leerdoel 1: What are the EU legislative procedures and how do they work?
Ordinary legislative procedure:
The standard legislative procedure, which means that it is used very frequently.
If there is an ordinary legislative procedure, there must also be special legislative procedures.
Art. 294 TFEU: the procedure:
1. Starting with a proposal from the Commission that is submitted to both the Council and the
European Parliament.
2. First reading: the Parliament takes the lead and the Council makes a decision on the basis of the
Parliament’s position.
If the Council agrees with the Parliament, the act is adopted in accordance with the
Parliament’s position.
If the Council disagrees with the Parliament, it adopts its own position at first reading.
3. The Council’s position is communicated to the European Parliament, which has three months >
second reading, to approve this position or refrain from adopting a decision.
The Parliament can also amend or reject the Council’s position.
When amending the position, the ball is returned to the Commission and the Council.
The Commission advises the Council on the amendments.
If the Council subsequently approves all the amendments, the act has been
adopted.
If the Council doesn’t approve all the amendments, the President of the Council
and the President of the European Parliament convene a meeting of the
Conciliation Committee. There, representatives of the Council and the European
Parliament try to reach a compromise.
The Commission serves as a mediator.
If within six weeks of being convened, the Conciliation Committee cannot
agree on a joint draft text, the act hasn’t been adopted.
If the Committee is able to agree on such a text, the third reading occurs.
4. Third reading: the Council and the European Parliament both have six weeks to adopt the act in
accordance with the joint draft text. The Council must adopt the decision by qualified majority,
while the Parliament must approve the joint draft text by a majority of votes.
Special legislative procedures:
Article 87(3) TFEU: a special legislative procedure for adopting measures concerning operational
cooperation in the field of police cooperation.
General: special legislative procedures tend to apply in areas of considerable political sensitivity.
Areas of considerable political sensitivity: areas where the member states sought to ensure that
the action taken at the EU level are very closely aligned with the political preferences of every
individual member state.
Regulating decision-making by the Council, by the old consultation procedure: the CJEU regarded a
failure to consult Parliament as a violation of an essential procedural requirement that could render an
act adopted by the Council null and void.
Article 48(7) TEU: passerelle clause: the European Council, acting by unanimity, can decide that acts
currently adopted in accordance with the special legislative procedure shall henceforth(=voortaan) be
adopted in accordance with the ordinary legislative procedure.
Leerdoel 2: What is the preliminary ruling procedure and how does it work?
