This document is an excerpt from the EUR-Lex website
WHAT IS THE AIM OF ARTICLE 289 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION?
It reforms the EU’s previous decision-making process, thus strengthening its capacity to take decisions and action.
Article 289 of the Treaty on the Functioning of the European Union (TFEU) concerns 2 types of legislative procedure:
Ordinary legislative procedure
Special legislative procedures
Special legislative procedures, as their name implies, are the exception from the ordinary legislative procedure. These are used in certain more sensitive policy areas. Unlike in the case of the ordinary legislative procedure, the TFEU does not give a precise description of special legislative procedures. The rules for these are therefore defined on a case-by-case basis by the treaty articles that lay down the conditions for their implementation.
Under special legislative procedures, the Council is, in practice, the sole legislator. The Parliament is simply associated with the procedure. Its role is thus limited to consultation (such as under Article 89 TFEU concerning cross-border police operations) or consent (such as under Article 86 TFEU concerning the European Public Prosecutor's Office) depending on the case.
Consolidated version of the Treaty on the Functioning of the European Union — Part Six: Institutional and financial provisions — Title I: Institutional provisions — Chapter 2: Legal acts of the Union, adoption procedures and other provisions — Section 1: The legal acts of the Union (Article 289) (OJ C 202, 7.6.2016, p. 172)
last update 11.10.2017