EU policy processes

• Does the EU have too many policy-making processes? Why? Do you know any?

• In what main ways do EU policy making processes differ

from national processes?

• What two elements contribute to differentiate EU policy

processes?

• What are the differences between supranationalism and inter-governmentalism?

EU policy cycle?

• Is it decision-making homogeneous across policy areas?

• What are the main phases in a policy cycle?

• What are the main actors involved in each one?

Initiation phase

• Consultation process:• Expert groups, public consultations.

• Green papers, White papers.• National representatives, members of EP committees.

• Impact assessment:• Economic, social and environmental effects.

• Cost&benefit assessment of different policyoption.

• Inter-service consultation.• Draft proposal.• Adoption by the College.

Decision making in the Commission

Strategic planning in the Commission

• State of the European Union:• Strategic objectives and priorities.

• Commission work programme:• Dialogue with the EP.

• DG’s management plans:• Objectives and indicators for reporting and

monitoring.

• Impact assessments:• Economic, social and environment al effects.

• Annual Activity Report and synthesis report .

Subsidiarity and proportionality

• Principle of subsidiarity:• In areas which do not fall within its exclusive

competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the MSs but can rather by reason of the scale or effects of the proposed action, be better achieved at Union level.

• Principle of proportionality:• Thee content and form of Union action shall not exceed what

is necessary to achieve the objectives of the Treaties.

Early warning mechanism

‘Yellow card’ procedure ‘Orange card’ procedure

Only for ordinary legislative procedure

Threshold A number of negative opinions representing at least 1/3 of the total votes (2 votes per MS).

*1/4 for legislative acts concerning thearea of freedom, security and justice.

A number of negative opinions representing at least a simple majority of the votes allocated to national parliaments.

Effect The initiating EU institution (usually the Commission) must review the proposal. It can maintain, amend or withdraw it.

The European Commission (EC) must review the proposal, and it can maintain, amend, or withdraw it.

If the EC decides to maintain the proposal, it has to justify its decision, and both the Council and the EP can reject it before the end of the first reading should they find it incompatible with the subsidiarity principle.

Adoption phase

• Highly politicised.

• Decision-making might take many forms:

• Supranationalism vs inter-governmentalism.

• Depending on policy (but changes over time).

• More powers to the EU, but in different forms.

• Increasing differentiation

• Decision-makers vary across policy process modes:

• Community method, intensive transgovernmentalism,supranational centralisation, new modes of governance.

Decision making in the Council

• Committees and working groups.

http://register.consilium.europa.eu/pdf/en/13/st05/st05581.en13.pdf

• COREPER I and II

• Political and Security Committee / Special Committee on

Agriculture.

• Council of Ministers:

• A single body, different configurations.

• Ministerial meetings:

• Points A and B.

• Chairs

QMV in the Council

• As from 1 July 2013:

• 260 out of 352, cast by at least 15 MSs out of 28.

• A MS may request that it represents 62% of the population.

• As from 1 November 2014:

• At least 55% of the member states (i.e. 16 member states).

• Representing at least 65% of the EU population

Allocation of votes in the Council

Germany, France, Italy, United Kingdom 29 votes

Spain, Poland 27

votes Romania 14

votes

Netherlands 13 votes

Belgium, Czech Republic, Greece, Hungary, Portugal

12 votes Austria, Sweden, Bulgaria 10 votes

Denmark, Croatia, Ireland, Lithuania, Slovakia, Finland

7 votes Cyprus, Estonia, Latvia, Luxembourg, Slovenia

4 votes

Malta 3 votes

Decision making in the EP

• Sectoral committees:

• Chair, rapporteur, shadow rapporteur.

• Lead committee, joint/associated committees.

• Plenary sessions:

• Brussels / Strasbourg.

• Voting majorities (votes cast / component members).

• Voting systems:

• Shadow of hands (electronic).

• Roll call votes.• Secret ballots.

Ordinary Legislative Procedure

Trilogues: Composition

• European Parliament:

• Committee Chair and Rapporteur• Conciliation: + Vice-President for Conciliation.

• Council:• Ambassador or Deputy (rotating Presidency)• Conciliation: + Minister or Deputy

• European Commission:• Director General and Secretariat General

(LS+CON).• Conciliation: + Commmissioner.

Implementation by MSs

• Transposition:

• Problems in MSs that opposed the act, have very different national legislation or lack legislative/administrative capacity.

• Differences in the transposing acts if wide leeway is given.

• Commission oversees the correct transposition and can bring action in the CJEU.

• Application:

• By national/regional/local authorities in MSs.

• Differences due to resources & capacities, different legal traditions, the desire to protect national interests, wide leeway and

Implementation by the Commission

Delegated Acts (art. 290 TFUE):

• Delegated powers clearly conferred by legislative act (object, scope, content and duration).

• General application to supplement or amend certain non-

essential elements of the legislative act.

• EP or Council can revoke delegation and express

objections to particular acts:

• EP majority of its component members;

• Council by a qualified majority.

Implementation by the Commission

Implementing Acts (art. 291 TFUE / Regulation 182/2011):

• Where uniform conditions for implementing EU legal acts are needed.

• Control by MSs, comitology committees:

• Advisory procedure: committee delivers an opinion that the Commission has to consider but it is not binding.

• Examination procedure: if the committee delivers a negative opinion the Commission can revise it or submit it to the Appeal Committee.

• Scrutiny by EP and Council.