Decision-making procedures
Introduction
Treaty on European Union
Human rights and fundamental freedoms
Common foreign and security policy (CFSP)
Police and judicial cooperation in criminal matters
Treaty establishing the European Community
Discrimination on grounds of nationality
Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation
Establishing the single market
Visas, asylum, immigration and other policies related to free movement of persons
Institutional provisions in the area of economic and monetary policy
Transitional provisions in the area of economic and monetary policy
Education, vocational training and youth
Research and technological development
Association of the overseas countries and territories
Institutional provisions (list not exhaustive)
Financial provisions (list not exhaustive)
General and final provisions (list not exhaustive)
INTRODUCTION
Decision-making in the European Union comprises several different procedures. This means that the different institutions play different roles depending on the subject matter concerned. As a rule, decision-making principally involves three institutions: the European Parliament, the Council and the Commission. However, other institutions and bodies such as the Court of Auditors, the European Central Bank, the Economic and Financial Committee, the Economic and Social Committee and the Committee of the Regions also play a role in certain specific areas. The various bodies operate within the powers conferred on them by the Treaties.
The description below covers the provisions of both the EU Treaty and the EC Treaty. It is organised by subject, following the title and chapter headings in the Treaties. Bold italics indicate changes introduced by the Amsterdam Treaty, whether in the form of a new provision or the amendment of a decision-making procedure.
TREATY ON EUROPEAN UNION
Human rights and fundamental freedoms
Determining the existence of a serious and persistent breach of the principles on which the European Union is founded (Article 7(1)):
Decision to suspend certain rights deriving from the application of the Treaty to the Member State in question (Article 7(2)) :
Decision to revoke or vary suspension measures taken against a Member State (Article 7(3)) :
Common foreign and security policy (CFSP)
Adopting common strategies and setting out their objectives, duration and the means to be made available by the Union and the Member States for their implementation ( Article 13):
Decisions under the common foreign and security policy ( Article 23(1) ):
Adopting joint actions and common positions on the basis of a common strategy ( Article 23(2), first subparagraph, first indent ):
Adopting any decision implementing a joint action or a common position ( Article 23(2), first subparagraph, second indent ):
Referring a decision to the European Council where a member of the Council declares that, for important reasons of national policy, it opposes the adoption of a decision to be taken by qualified majority ( Article 23(2), second subparagraph ):
Procedure for concluding an agreement with one or more States or international organisations ( Article 24 ):
Decision not to charge certain expenditure to the budget of the European Communities ( Article 28 ):
Police and judicial cooperation in criminal matters
Adoption of common positions, framework decisions and decisions (Article 34(2)(a), (b) and (c):
Adoption of measures necessary for implementing a decision (Article 34(2)(c) :
Adoption of conventions (Article 34(2)(d), first subparagraph, ex Article K.6):
Adoption of measures implementing conventions (Article 34(2)(d), second subparagraph, ex Article K.6):
Establishing closer cooperation under Title VI ( Article 40(2), first subparagraph ):
Referring a decision to the European Council where a member of the Council declares that, for important reasons of national policy, it opposes the granting of authorisation for closer cooperation ( Article 40(2), second subparagraph ):
Decision not to charge certain expenditure to the budget of the European Communities ( Article 41 ):
Transferring action in areas covered by Title VI of the Treaty on European Union to Title IV of the Treaty establishing the European Community (Article 42, ex Article K.14):
Final provisions
Amending the Treaties on which the European Union is founded (Article 48, ex Article N):
Accession to the European Union by a European State (Article 49, ex Article O):
TREATY ESTABLISHING THE EUROPEAN COMMUNITY
Closer cooperation
Authorisation to establish closer cooperation ( Article 11(2), first subparagraph ):
Referral to the Council, meeting in the composition of the Heads of State or Government, where a Member State declares that, for important reasons of national policy, it opposes the granting of authorisation for closer cooperation ( Article 11(2), second subparagraph ):
Authorisation to establish closer cooperation granted by the Council, meeting in the composition of the Heads of State or Government ( Article 11(2), second subparagraph ):
Discrimination on grounds of nationality
Adopting rules to prohibit such discrimination (Article 12, ex Article 6):
Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation
Measures necessary to combat all forms of discrimination ( Article 13 ):
Establishing the single market (see also points 6, 8, 9, 10, 11 and 16)
Determining the guidelines and conditions necessary to ensure balanced progress in all the sectors covered by the four freedoms (Article 14(3), ex Article 7 A):
Citizenship of the Union
Adopting provisions to facilitate the exercise of Union citizenship rights (Article 18, ex Article 8 A):
Arrangements for exercising the right to vote and to stand as a candidate in municipal elections (Article 19(1), ex Article 8 B):
Arrangements for exercising the right to vote and to stand as a candidate in elections to the European Parliament (Article 19(2), ex Article 8 B):
Provisions to strengthen or add to the Union citizenship rights (Article 22, ex Article 8 E):
Free movement of goods
Fixing Common Customs Tariff duties (Article 26, ex Article 28):
Agriculture
Adopting regulations, directives, decisions and common market organisation arrangements (Article 37(2) and (3), ex Article 43):
Free movement of workers
Adopting measures to bring about freedom of movement for workers (Article 40, ex Article 49):
Adopting measures in the field of social security to provide freedom of movement for workers (Article 42, ex Article 51):
Right of establishment
Issuing directives to bring about freedom of establishment (Article 44, ex Article 54):
Exempting certain activities from the provisions of the "Right of establishment" Chapter (Article 45, ex Article 55):
Directives on coordinating provisions laying down special treatment of foreign nationals on grounds of public policy, public security or public health (Article 46, ex Article 56):
Directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications (Article 47(1), ex Article 57):
Directives for the coordination of provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons (Article 47(2), ex Article 57):
Services
Extending the provisions of the "Services" Chapter to service providers who are nationals of a third country, but established within the Community (Article 49, ex Article 59):
Directives to liberalise a specific service (Article 52, ex Article 63):
Capital and payments
Measures on the movement of capital to or from third countries involving direct investment - including investment in real estate - establishment, the provision of financial services or the admission of securities to capital markets (Article 57, ex Article 73 C):
Safeguard measures where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union (Article 59, ex Article 73 F):
Urgent measures to suspend or reduce economic relations between the European Union and a third country (Article 60(1), ex Article 73 G):
Amending or abolishing unilateral measures taken by a Member State against a third country (Article 60(2), ex Article 73 G):
Visas, asylum, immigration and other policies related to free movement of persons
Measures to ensure the absence of any controls on persons, when crossing internal borders ( Article 62(1) ):
Measures on standards and procedures to be followed by Member States in carrying out checks on persons at external borders ( Article 62(2)(a) ) :
Adoption of a uniform format for visas and a list of third countries whose nationals must be in possession of visas when crossing the external borders ( Article 62(2)(b)(i) and (iii) ) :
Establishing the procedures and conditions for issuing visas by Member States and rules on a uniform visa ( Article 62(2)(b)(ii) and (iv) ) :
Measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months ( Article 62(3) ):
Measures on asylum (criteria and mechanisms for determining which Member State is responsible for considering an application for asylum, minimum standards on the reception of asylum seekers, conditions for qualifying for refugee status, for granting or withdrawing refugee status) ( Article 63(1) ):
Measures on refugees and displaced persons (granting temporary protection) ( Article 63(2)(a) ) :
Measures on refugees and displaced persons (balance of effort between Member States) ( Article 63(2)(b) ) :
Measures on immigration policy (conditions of entry and residence, and standards on procedures for issuing long-term visas and residence permits) ( Article 63(3)(a) ) :
Measures on immigration policy (illegal immigration and illegal residence) ( Article 63(3)(b) ) :
Measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States ( Article 63(4) ):
Provisional measures in an emergency situation characterised by a sudden inflow of nationals of third countries ( Article 64 ):
Measures in the field of judicial cooperation in civil matters having cross-border implications ( Article 65 ):
Measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission ( Article 66 ):
Decision to provide for all or parts of the areas covered by Title IV to be governed by the co-decision procedure after the end of the transitional period and to adapt the provisions relating to the powers of the Court of Justice ( Article 67(2), second indent ):
Transport
Common rules, conditions under which non-resident carriers may operate transport services within a Member State, safety and other appropriate provisions (Article 71(1), ex Article 75):
Provisions concerning the principles of the regulatory system for transport, the application of which would be liable to have a serious effect on the standard of living and on employment in certain areas and on the operation of transport facilities (Article 71(2), ex Article 75):
Rules to abolish discrimination which takes the form of carriers charging different rates and imposing different conditions (Article 75, ex Article 79):
Deciding whether, to what extent and by what procedure appropriate provisions may be laid down for sea and air transport (Article 80, ex Article 84):
Rules on competition
Adopting appropriate regulations or directives to give effect to the principles set out in Articles 81 and 82 (Article 83, ex Article 87):
Derogation whereby State aid that would normally be in breach of Community law is, in exceptional circumstances, considered to be compatible with the common market, :
Adopting appropriate regulations for the application of Articles 87 and 88 in respect of State aid (Article 89, ex Article 94):
Tax provisions
Remissions and repayments for a limited period in respect of exports to other Member States(Article 92, ex Article 98):
Harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation (Article 93, ex Article 99):
Approximation of laws
Issuing directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the common market (Article 94, ex Article 100):
Establishment and functioning of the internal market (Article 95, ex Article 100A):
Special cases where distortion of competition needs to be eliminated (Article 96, ex Article 101):
Economic policy
Adopting recommendations setting out broad economic policy guidelines (Article 99(2), ex Article 103):
Recommendations to Member States acting inconsistently with the broad economic policy guidelines (Article 99(4), ex Article 103):
Decision to make Council recommendations public (Article 99(4), ex Article 103):
Possibility of adopting detailed rules for the multilateral surveillance procedure in respect of economic policies (Article 99(5), ex Article 103):
Appropriate measures in the event of severe difficulties arising in the supply of certain products (Article 100(1), ex Article 103 A):
Community financial assistance for a Member State in difficulties caused by exceptional occurrences beyond its control (Article 100(2), ex Article 103 A):
Application of the prohibition on assuming commitments and providing overdraft facilities (Article 103, ex Article 104 B):
Establishing the existence of an excessive deficit (Article 104(6), ex Article 104 C):
Excessive deficit procedure (Article 104(7)-(9), (11) and (12), ex Article 104 C):
Amending the Protocol on the excessive deficit procedure (Article 104(14), ex Article 104 C):
Monetary policy
Decision conferring upon the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings (Article 105):
Measures to harmonise the denominations and technical specifications of all coins intended for circulation in the Community (Article 106, ex Article 105 A):
Amending the Statute of the European System of Central Banks (ESCB) (Article 107(5), ex Article 106):
Adoption of certain provisions referred to in the Statute of the European System of Central Banks (ESCB) (Article 107(6), ex Article 107):
Conclusion of formal agreements on an exchange-rate system for the euro in relation to non-Community currencies (Article 111(1), ex Article 109):
Adopting, adjusting or abandoning the central rates of the euro (Article 111(1), ex Article 109):
Formulating general orientations in the absence of an exchange-rate system in relation to one or more non-Community currencies (Article 111(2), ex Article 109):
Arrangements for negotiating and concluding agreements concerning monetary or foreign exchange regime matters (Article 111(3), ex Article 109):
Institutional provisions in the area of economic and monetary policy
Adopting detailed rules on the make-up of the Economic and Financial Committee (Article 114, ex Article 109 C):
Transitional provisions in the area of economic and monetary policy
Ending derogations for Member States unable to adopt the single currency (Greece and Sweden) from the outset of the third phase (Article 122, ex Article 109 K):
Adoption, on 1 January 1999 , of the conversion rates at which the national currencies shall be irrevocably fixed and at which irrevocably fixed rate the ECU shall be substituted for these currencies (Article 123, ex Article 109 L):
Employment
Drawing up guidelines for the Member States to take into account in their employment policies ( Article 128(2) ):
Recommendations to Member States concerning employment policy( Article 128(4) ):
Adoption of incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment ( Article 129 ):
Common commercial policy
Adopting directives to harmonise the systems for granting aid for exports to third countries (Article 132, ex Article 112):
Exercising the powers conferred on the Council under Article 133 (Article 133, ex Article 113):
Extending Article 133 to international negotiations and agreements on services and intellectual property (Article 133 (5) , ex Article 113):
Customs cooperation
Measures to strengthen customs cooperation between Member States and between the latter and the Commission ( Article 135 ):
Social provisions
Adoption of directives laying down minimum requirements in the social field and measures designed to encourage cooperation between Member States (Article 137 (2) , ex Article 118):
Adoption of measures concerning social security and social protection of workers, protection of workers where their employment contract is terminated, representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 6, conditions of employment for third-country nationals legally residing in Community territory and financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the Social Fund. (Article 137 (3) , ex Article 118):
Decisions on implementing Community-level agreements between labour and management (Article 139 (2) , ex Article 118 B):
Adoption of measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (Article 141 (3) , ex Article 119):
Assigning to the Commission tasks in connection with the implementation of common measures, particularly as regards social security for the migrant workers (Article 144, ex Article 121):
European Social Fund
Adoption of implementing decisions relating to the European Social Fund (Article 148, ex Article 125):
Education, vocational training and youth
Adoption of incentive measures to contribute to the achievement of the Community's objectives in the field of education (Article 149(4), first indent, ex Article 126):
Adoption of recommendations to contribute to the achievement of the Community's objectives in the field of education (Article 149(4), second indent, ex Article 126):
Adoption of measures to contribute to the achievement of the Community's objectives in the field of vocational training (Article 150, ex Article 127):
Culture
Adoption of incentive measures to contribute to the achievement of the Community's objectives in the field of culture (Article 151(5), first indent, ex Article 128):
Adoption of recommendations to contribute to the achievement of the Community's objectives in the field of culture (Article 151(5), second indent, ex Article 128):
Public health
Adoption of measures and incentive measures to contribute to the achievement of the Community's objectives in the field of public health (including the veterinary and plant health areas) (Article 152 (4) , ex Article 129):
Adoption of recommendations to contribute to the achievement of the Community's objectives in the field of public health (Article 152, ex Article 129):
Consumer protection
Adoption of measures which support, supplement and monitor the policy pursued by the Member States (Article 153 (4) , ex Article 129 A):
Trans-European networks
Adoption of guidelines and measures to achieve the Community's objectives in the field of trans-European networks (Article 156, ex Article 129 D):
Industry
Adoption of special measures to support action by the Member States to achieve the objectives of the Community and the Member States in the field of industry (Article 157, ex Article 130):
Economic and social cohesion
Specific action proving necessary outside the Funds (Article 159, ex Article 130 B):
Defining the tasks, priority objectives and the organisation of the Structural Funds, as well as the general rules applicable to them and the provisions necessary to ensure their effectiveness and their coordination with one another and with the other existing financial instruments (Article 161, ex Article 130 D):
Implementing decisions relating to the European Regional Development Fund (Article 162, ex Article 130 E):
Research and technological development
Adoption of multiannual framework programme (Article 166(1), ex Article 130 I):
Adoption of specific programmes implementing the multiannual framework programme (Article 166(4), ex Article 130 I):
Negotiation and conclusion of research and technological development agreements with third countries and international organisations (Article 170, ex Article 130 M):
Setting up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes (Article 172, first subparagraph, ex Article 130 O):
Decisions on detailed rules implementing the multiannual framework programme and the rules applicable to the supplementary programmes (Article 172, second subparagraph, ex Article 130 O):
Environment
Negotiation and conclusion of agreements between the Community and third countries or international organisations (Article 174, ex Article 130 R):
Action to be taken to achieve the Community's environmental objectives (Article 175(1), ex Article 130 S):
Adoption, by way of derogation from Article 175(1), of fiscal provisions, measures concerning town and country planning, land use, management of water resources and energy supply. (Article 175(2), first subparagraph, ex Article 130 S):
Definition of matters referred to in Article 175(2), where decisions must be taken by qualified majority (Article 175(2), second subparagraph, ex Article 130 S):
Adoption of general action programmes setting out priority objectives to be attained (Article 175(3), ex Article 130 S):
Implementation of action programmes referred to in Article 175(3) (Article 175(4), ex Article 130 S):
Development cooperation
Measures necessary to further the Community's development cooperation objectives (such as multiannual programmes) (Article 179, ex Article 130 W):
Negotiation and conclusion of agreements between the Community and third countries or international organisations (Article 181, ex Article 130 Y):
Association of the overseas countries and territories
Establishing provisions on the detailed rules and procedure for the association of the overseas countries and territories of the Community (Article 187, ex Article 136):
Institutional provisions (list not exhaustive)
Establishing a uniform procedure for elections by direct universal suffrage to the European Parliament (Article 190 (4) , ex Article 138):
Establishing principles and rules governing executive powers conferred by the Council (Article 202, ex Article 145):
Fixing the order in which the Member States are to hold the Presidency of the Council (Article 203, second subparagraph , ex Article 146):
Financial provisions (list not exhaustive)
Laying down provisions relating to the system of own resources of the Community (Article 269, ex Article 201):
Adoption of Community budget (Article 272, ex Article 203):
Adopting the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Community with a view to affording effective and equivalent protection in the Member States (without prejudice to the application of national criminal law or the national administration of justice.) (Article 280 (4) , ex Article 209 A):
General and final provisions (list not exhaustive)
Laying down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of those Communities (Article 283, ex Article 212):
Making changes to the list of products connected with the production of or trade in arms, munitions and war material (Article 296, ex Article 223):
Adoption of special measures fixing the conditions for applying the Treaty establishing the European Community to the outermost regions (Article 299 (2) , ex Article 227):
Adopting the necessary urgent measures where a common position or a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy provides for action to interrupt or to reduce economic relations with one or more third countries (Article 301, ex Article 228 A):