New policy areas subject to voting by qualified majority
Voting by qualified majority is now the most common form of voting in the Council, and is used for most of its decisions. With the Treaty of Lisbon, a qualified majority replaces unanimity in a number of new areas:
Unanimity remains, however, the general rule in sensitive areas such as:
Moreover, the accession of new countries to the EU and revisions to the treaties need to be agreed upon by all Member States.
Greater use of the ordinary legislative procedure
The Treaty of Lisbon adds a further 40 legal bases (policy areas that have a basis in treaty articles) – particularly in the fields of justice, freedom and security, and agriculture – to the scope of the ordinary legislative procedure, formerly known as the co-decision procedure. That procedure now applies to most subjects where the Council decides by qualified majority.
Changes
The scope of qualified majority voting has seen some changes, particularly in the field of judicial cooperation in criminal matters (Articles 82 and 83 TFEU) and on the social protection of migrant workers (Article 48 TFEU).
In these areas, the Treaty of Lisbon introduced brake clauses to deviate from the ordinary legislative procedure, if a Member State considers that the fundamental principles of its social security system or its criminal justice system are under threat from legislation that is in the course of being adopted.
The treaty also introduced passerelle clauses to ‘pass’ from a unanimous vote to a vote by qualified majority for the adoption of an act in a given field.
For further information, see:
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 2 – Procedures for the adoption of acts and other provisions – Article 294 (ex Article 251 TEC) (OJ C 202, 7.6.2016, pp. 173–175).
Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title IV – Free movement of persons, services and capital – Chapter 1 – Workers – Article 48 (ex Article 42 TEC) (OJ C 202, 7.6.2016, p. 67).
Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title V – Area of freedom, security and justice – Chapter 4 – Judicial cooperation in criminal matters – Article 82 (ex Article 31 TEU) (OJ C 202, 7.6.2016, pp. 79–80).
Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title V – Area of freedom, security and justice – Chapter 4 – Judicial cooperation in criminal matters – Article 83 (ex Article 31 TEU) (OJ C 202, 7.6.2016, pp. 80–81).
last update 20.03.2024