The consent procedure (formerly assent procedure) is one of the special legislative procedures of the European Union. Introduced by the Single European Act, under this procedure, the Council of the European Union must obtain the European Parliament's consent (assent) before certain decisions can be made. Acceptance (consent) requires an absolute majority of votes in Parliament.
Under the Treaty of Lisbon, the consent procedure's applications include: [1]
The assent procedure was introduced by the Single European Act. Under this procedure, the Council of the European Union must obtain Parliament's assent before certain decisions can be made. Acceptance ("assent") requires an absolute majority of votes.
The European Parliament can accept or reject the proposal but not amend it. However, the Parliament can produce an interim report making recommendations for modifications, and a conciliation has also been introduced. [2]
The areas included under the assent procedure were:
Following the adoption of the Treaty of Amsterdam, sanctions imposed on an EU Member State for a serious and persistent breach of fundamental rights requires Parliament's assent under Article 7 of the EU Treaty.
In its opinion on the 2000 Intergovernmental Conference, the European Commission argued in favor of extending this procedure to apply to the conclusions of agreements having global economic and commercial implications.
With entry into force of the Lisbon Treaty in 2009, the assent procedure was renamed consent procedure, and it was defined as part of the special legislative procedures, as opposed to ordinary legislative procedure (formerly codecision). [1]
Under the consent procedure, the Parliament express its approval on a Council draft act by an absolute majority vote, without possibility to amend it. Informally, the Parliament is involved by the Commission since the beginning of the procedure, in order to guarantee its consent, although the Treaties do not formally prescribe it. [1]
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the process of European integration" chiefly in provisions for a shared European citizenship, for the eventual introduction of a single currency, and for common foreign and security policies. Although these were widely seen to presage a "federal Europe", the focus of constitutional debate shifted to the later 2007 Treaty of Lisbon. In the wake of the Eurozone debt crisis unfolding from 2009, the most enduring reference to the Maastricht Treaty has been to the rules of compliance – the "Maastricht criteria" – for the currency union.
The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's purpose, the governance of its central institutions, as well as the rules on external, foreign and security policy.
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003.
The European Communities (EC) were three international organizations that were governed by the same set of institutions. These were the European Coal and Steel Community (ECSC), the European Atomic Energy Community, and the European Economic Community (EEC); the last of which was renamed the European Community (EC) in 1993 by the Maastricht Treaty establishing the European Union. The European Union was established at that time more as a concept rather than an entity, while the Communities remained the actual subjects of international law impersonating the rather abstract Union, becoming at the same time its first pillar. In the popular language, however, the singular European Community was sometimes inaccurately used interchangeably with the plural phrase, in the sense of referring to all three entities. The European Coal and Steel Community ceased to exist in 2002 when its founding treaty expired. The European Community was merged with the second and third EU pillars by the Treaty of Lisbon in 2009, finally allowing the European Union to move beyond being only a concept and to assume the shape of a legally incorporated international organization with juridical personality, designated as the legal successor to the Community. However, the reformed EU has not become entirely unified, because Euratom, though governed with the EU by the common set of institutions, has been retained as an entity distinct from the EU, along with a number of other international entities, such as the European Investment Bank, the European University Institute, the European Stability Mechanism, and the Unified Patent Court.
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty of Maastricht, which had been signed in 1992.
Comitology in the European Union refers to a process by which EU law is implemented, modified or adjusted and takes place within "comitology committees" chaired by the European Commission. The official term for the process is committee procedure. Comitology committees are part of the EU's broader system of committees that assist in the making, adoption, and implementation of EU laws.
The Single European Act (SEA) was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a single market by 31 December 1992, and a forerunner of the European Union's Common Foreign and Security Policy (CFSP) it helped codify European Political Co-operation. The amending treaty was signed at Luxembourg City on 17 February 1986 and at The Hague on 28 February 1986. It came into effect on 1 July 1987, under the Delors Commission.
The political structure of the European Union (EU) is similar to a confederation, where many policy areas are federalised into common institutions capable of making law; the competences to control foreign policy, defence policy, or the majority of direct taxation policies are mostly reserved for the twenty-seven state governments. These areas are primarily under the control of the EU's member states although a certain amount of structured co-operation and coordination takes place in these areas. For the EU to take substantial actions in these areas, all Member States must give their consent. Union laws that override State laws are more numerous than in historical confederations; however, the EU is legally restricted from making law outside its remit or where it is no more appropriate to do so at a state or local level (subsidiarity) when acting outside its exclusive competences. The principle of subsidiarity does not apply to areas of exclusive competence.
The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by the Council of the European Union and European Parliament to become law.
Withdrawal from the European Union is the legal and political process whereby an EU member state ceases to be a member of the Union. Article 50 of the Treaty on European Union (TEU) states that "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements".
A passerelle clause is a clause in treaties of the European Union that allows the alteration of a legislative procedure without a formal amendment of the treaties. The use of a passerelle clause required unanimity of all member states although member states with opt-outs and those not participating in an area under enhanced cooperation may not have a vote. Unlike formal treaty revision their use does not require national ratification. Passerelle is French for a 'small bridge'.
This is a timeline of European Union history and its previous development.
The procedures for voting in the Council of the European Union are described in the treaties of the European Union. The Council of the European Union has had its voting procedure amended by subsequent treaties and currently operates on the system set forth in the Treaty of Lisbon. The system is known as qualified majority voting.
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC).
The national parliaments of the European Union are those legislatures responsible for each member state of the European Union (EU). They have a certain degree of institutionalised influence which was expanded under the Treaty of Lisbon to include greater ability to scrutinise proposed European Union law.
The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member states on 13 December 2007, entered into force on 1 December 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, as well as the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
Opinion 2/13 (2014) is an EU law case determined by the European Court of Justice, concerning the accession of the European Union to the European Convention on Human Rights, and more generally the relationship between the European Court of Justice and European Court of Human Rights.
The European Union's (EU) Common Commercial Policy or EU Trade Policy is the policy whereby EU member states delegate authority to the European Commission to negotiate their external trade relations, with the aim of increasing trade amongst themselves and their bargaining power vis-à-vis the rest of the world. The Common Commercial Policy is logically necessitated by the existence of the Customs Union, which in turn is also the foundation upon which the Single Market and Monetary Union were later established.
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