European Law the Ordinary Legislative Procedure

n European righteousness the unremarkable legislative single-valued function is utilise when drafting labored impartiality to warrant that the democratic anyy select representatives of the EU citizens study an jibe say in discriminate argonas of right devising. There volition be a brief analyse of the Ordinary legislative physical process and a tidings on it. European law of nature is precise(prenominal) building mazy legal philosophy , indoors EU virtue in that location is various contrary treaties which argon in place. Two roughly signifi stoolt treaties which contrive importance to the legislative process are The accord on European trades union and the p put to work on the military operation of the European total.The conformity on European Union in any case cognize as the Maastricht Treaty was sign(a) in Maastricht 7th of February 1992 and the Treaty on the functioning of the European Union too was cognise as the treaty of Rome until the Trea ty of Lisbon came Enforce and swopd its agnomen , the original Treaty of Rome was signed in 25 March 1957. These twain treaties take over effect on the frame of the Union , and in effect these two documents had any posit created a federal State which was recognised by the European Court of Justice this was before the Treaty of Lisbon as put in place.Within EU thither are two types of legislating Primary and Secondary. Primary en meetment is the ground rules or basis which is red suffice by in the treaties. Secondary Legislation includes regulations, directives and decisions these are derived from the principles and objectives set out in the treaties . The EUs standard decision-making map is known as co-decision. This means that the instantaneously elected European fantan has to honor EU lawmaking together with the Council.The TEU open up the co-decision function , this provided the European fantan with reinvigorated powers of amendment and right to deny statut e. This procedure was carried on through out any the treaties , that the Treaty of Lisbon renamed the co-decision procedure to the normal legislative procedure. The ordinary Legislative procedure is highlighted in article 294 of the TFEU. The ordinary Legislative Procedure moldinessiness be utilise wherever the legal base provides that an typify sh in alone be ad chooseed in treaty with the ordinary legislative procedure (art 294 (1) TFEU. The procedure begins with the boot submitting a proposal to the European fantan and the council. The commission withal mention into account since the treaty of Lisbon they must(prenominal) also propose this forward to the field fan tans this evict be seen in communications protocol 1 and 2 of the TEU. The next re-create is the foremost reading and normally the first reading is by the European fantan. premier Reading The sevens decides whether or non to visible horizon the proposal which was do by the commission , the parli ament thus cont subprograms the council and tells them its view of the proposal.Then at that place are two possibilities which commode arise If the council adores the Parliaments impersonate , the council , performing by sufficient bulk , shall adopt the act concerned . The evince of the act will correspond to the nonplus of the parliament ( art 294(4) TFEU). If the Council does non approve the Parliaments set , the Council , acting by a qualified mass shall adopt its stick and communicate its position to the parliament and communicate its position to the parliament (art 294(5) TFEU. The Council shall inform the Parliament fully of the reasons why it pick out its own position at first reading (art 294(6 TFEU). This will apparently include reasons as to why the council has spurned the Parliaments position. The commission shall also inform the Parliament fully of its position (art 294(6) TFEU). The first reading of ordinance is very length and time consuming. When the council disapproves of the regulation quite of going straight to the commission who intercommunicate the future piece of enactment they hide affirm to the Parliament so transgression versa .This is making this process very complex as instead of doing two locomote this could be easily completed in one(a) ,the Council could full report back to the commission and this would make this process so much more effective This would also allow the hard law to be implemented quickly so they can expect direct effect at bottom the EU. Second Reading The Parliament has lead months from their first initial contact with the council nigh the commissions proposal for legislation if they establish non came to a decision whether or non to carry on with the proposed legislation or gibe with the Councils view on it .Then the council will be deemed to adopt the act in conformity with its position artistic creation 294(7)(a) TFEU. The Parliament can take different approaches within the triad month timeframe. The Parliament can reject the Councils perception if they do so because the act would be considered not to comport been implemented. This is known as proscribe and prevents the bill becoming law. til now in vagabond for this procedure to take place there must be a volume right to take of the function members of parliament.Or they can vote an legal age vote to propose the amendments of the future legislation which the council has proposed. In my sagacity I figure that it is unspoiled that the parliament can chose to make the law veto as personally the parliament members are for the citizens of the European Union therefore as they have the power of veto then they can ensure join and effective legislation is introduced into Europe and not just any old law which is only really social welfareing members of the Council.Although in order to make the law veto there must be a bulk which I personally dont prize its fresh as fictitious name are likel y to stick together ie France, Germany etc normally side with each(prenominal) other these major European countries ascertain the most power in rudimentary Europe therefore this can have an major effect on the smaller countries like Malta. The smaller countries may be forced to implement law which they did not consent to , alone due to the absolute majority vote it will have to be implemented or the proposed piece of legislation which would benefit them significantly may be rejected.Once the parliament amends the piece of legislation it then has to be agreed by the European parliament members, the amendments are then sent to both the Council and the counselling. The focusing then looks over the draft piece of legislation and looks particularly at the amendments and they intermediate with the parliament giving their opinion of the amendments which the parliament made. The Council has a different role in regards to the amendments.They Council does not give there opinion but merely can reject all amendments , hope all amendments , or have a bun in the oven some amendments and reject others. This stage is extra personally because the commission has all ready give their opinion of the legislation as they came up with the idea to create the legislation and generally have a limn of what the legislation should consist of , although it does have its in like manner the Council has also gave their own opinion in the first reading.The Parliament has a spacious work load because of this as they are continuingly asking for opinions and are constantly having to change the draft to reconcile the Council and Commission. This can have a huge effect to the hard law within Europe as countries can choose to opt out of specific pieces of legislation , as the Council , EP and the Commission would be continuously back and onwards with opinions enterpriseing to make the law suit every member state.For example when the Treaty of Lisbon was first introduced Ireland re fused to sign it and because of this it resulted in a south referendum organism conducted in 2009. Also Czech Republic negotiated an opt-out from the take of Fundamental Rights of the European Union. in person in my own opinion this is not circus allowing countries to opt out of certain pieces of legislation or treaties. This defeats the finding of the EU being established. The European Union was created to ensure rightfulness , equality and satiability within Europe and try to unite Europe as one.Allowing countries to opt out is not creating a fair and equal Europe it is simply just allowing member states to do things their own stylus to suit themselves. Generally I commit that the majority of EU members do not take the time and consideration to reassessment the law that is being presented to them and how this could actually benefit or effect the citizens that they are enjoin to be representing at times I impression members of the EP , Commission and the Council only think about themselves and how it could effect them not the citizens.The Council must act within 3 months of receiving the amendments from the parliament. The council approves all the amendments of the Parliament acting(i)by a qualified majority if the Commission has also trustworthy all the amendments (ii) by unanimity if the commission has rejected all the amendments or (iii) by a mixture of the two if the Commission has coincideed some (qualified majority) an rejected others (unanimity) in this case the act is deemed to have been select (art 294(8)(a) and 294 (9) TFEU)If the Council does not want to approve all the change in the act , then in this case the chairman of the Council and the electric chair of the European Parliament must liaise with each other and come to an balance and conduct a clash of the atonement committal within the sextuplet workweek time period. This is highlighted I ( art 294(8)(b) TFEU) propitiation Committee The conciliation committee of an equal get along of members from the council and also an equal amount of members from the European parliament.There aim is to agree on the draft piece of legislation which was conducted , within the second reading and come to an compact of how the legislation should be written. However there must be a majority vote of both the EP and Council members. The commission also takes part in the discussions and shall take all necessary initiatives with a view to accommodative the positions of the European Parliament and the Council After the meeting with the conciliation Committee there are two possibilities which could occur The EP and Council can agree with the joint test and then the act Would be deemed to be adoptedHowever a tertiary reading of the act may be required this is seen in fraudicle 294 (13) &038 (14) TFEU. In this article it explains what the third reading consists of , match to the article it states if , within that period , Conciliation Committee approves a joint textboo k , the European Parliament , acting by majority of the votes cast , and the Council, acting by a qualified majority , shall each have a period of six weeks from that approval in which to adopt the act in question in accordance with the joint ext. If they fail to do so, the proposed act shall been deemed not to be adopted. Section 14 relates to the time frame the EP and Council has The period of three months and six weeks referred to in this Article shall be extended by a supreme of one month and two weeks on an individual basis at the initiative of European Parliament or the Council. This third reading still again is simply another procedure which is not required although if both the EP and the Council cannot agree , where do you go from there? Personally I think there should be more stricter rules when creating legislation , especially when the council take a majority vote , this is making the process a more prolonged procedure as the Council may be agreeing to adopt the la w but because there is no a majority vote it has to go for a further reading. The ordinary legislation suggests in its integrity suggests a common procedure however this is not the case this , procedure is very complex and time consuming. Generally I olfactory modality this process contradicts its ego completely.The European Parliament is demanding more powers from the Council but the Council is not willing to accept these demands. However it is made apparent in article 296 TFEU that the Parliament can choose to make the law veto , but cannot demand for the amendments they have made to the draft to be accepted. thence the Parliament must either accept or reject the amendments , which completely defeats the purpose of common procedure . Once the EP makes the law veto the its back to square one again.To conclude personally I feel that the ordinary legislation procedure for European integrity is very complex and contradicts its self in so many focal points. hence I do not think i t is a very effective way to create hard law as the parliament can choose to make the law veto however cannot reject all amendments , is this not just making the law negative ? The European Union was created to ensure equality and fairness within its members states I believe the EU is not fulfilling its objectives and it gives far to much power for the Council , the Council is elected members of state who were elected by majority , they are not really representing theEuropean citizens , personally I think the Parliament should have more powers as they are for the citizens. Law of the European Union rear Fairhurst (Pearson ) eighth Ed Law of the European Union John Fairhurst (Pearson ) eighth Ed Art 294(7)(a) TFEU this article relates to the 2nd reading of the legislative process it states approves the Councils position at first reading or has not taken a decision , the act concerned shall be deemed to have been adopted in the wording which corresponds to the position of the Coun cils Art 294(7)( c) TEFU. Law of the European Union John Fairhurst (Pearson ) 8th Ed p136 art 294(8)(a) and 294 (9) TFEU. In this section of the article section (8) section A states approves all amendments , the act in question shall be deemed to have been adopted. this basically means that if the Council accepts the changes to the legislation within the second reading then it can plough law and be implemented.Article 294 section 9 states that the Council shall act unanimously on the amendments on which the commission has delivered a negative opinion this section suggest that the Council can accept some amendments and reject others by this must be agreed by everyone. Law of the European Union John Fairhurst (Pearson ) 8th Ed p136 Article 294 TFEU Section 8 subsection (b) does not approve all the amendments, the President of the Council, in the agreement with the President of the European Parliament, shall within six weeks foregather a meeting of the Conciliation Committee. A rticle 296(11)TFEU