 |
|
Cooperation procedure (Code SYN)
The cooperation procedure was introduced by the Single European Act to step up the role of the European Parliament compared with the consultation procedure. Parliament can make amendments to a Council common position but, unlike the co-decision procedure, the final decision lies with the Council alone.
The cooperation procedure applies exclusively to the following areas:
· rules for the multilateral surveillance procedure (Article 99(5)),
· prohibition on privileged access to financial institutions (Article 102(2)),
· prohibition on assuming liability for Member States’ commitments (Article 103(2)),
· measures to harmonise the circulation of coins (Article 106(2)).
Since the entry into force of the Treaty of Amsterdam, all other areas previously subject to this procedure have come under the co-decision procedure.
Consultation procedure (Code CNS)
Since the introduction of the cooperation procedure and the co-decision procedure, the importance of the consultation procedure has steadily declined. The characteristic feature of the consultation procedure is a division of tasks between the Commission and the Council that can be summed up in the phrase ‘the Commission proposes, the Council disposes’. However, before the Council can take a decision, certain stages have to be completed, in the course of which, besides the Commission and the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions may also have their say, depending on the subject of the regulations in question.
The consultation procedure now applies only to cases that are not expressly subject to the cooperation or co-decision procedures.
Players in the Community system
European Parliament
Composition and method of operation
The European Parliament is made up of 732 representatives of the citizens of the Member States, elected by direct universal suffrage for a period of five years. The number of representatives elected in each Member State varies depending on the size of the population. The Members of Parliament do not sit in national delegations but form transnational groups in line with their political affinities.
The Members of Parliament are divided up into a number of specialist committees and delegations. The reports drawn up by Parliamentary committees are submitted for adoption by Parliament as a whole in plenary session. Questions to the Commission and the Council, emergency debates and Presidency statements are also dealt with in plenary session. Plenary sittings of Parliament are open to the public.
Powers
3.1.2.1. Legislative power
Parliament takes part to varying degrees in drawing up Community legislative instruments, depending on the areas concerned: it can be required to deliver non-binding opinions (consultation procedure) or binding opinions (assent procedure); it can make the Council accept amendments to Commission proposals that it has adopted by an absolute majority and that the Commission has taken over (cooperation procedure); lastly, more commonly, legislative texts are adopted by joint agreement between Parliament and the Council, Parliament’s assent on the final text being indispensable for it to be adopted (co-decision procedure).
3.1.2.2. Supervision of the budget
Parliament shares budgetary powers with the Council and has the last word with regard to con-compulsory expenditure. It finally adopts the budget, supervises its implementation, and grants a discharge in respect of that implementation.
3.1.2.3. Supervision of the executive
The Commission is politically responsible to Parliament. The appointment of the President and the Members of the Commission is subject to the prior approval of the European Parliament. The adoption by Parliament of a motion of censure on the Commission’s management brings about the resignation of the whole Commission as a body.
In more general terms, Parliament exercises its supervisory role by regularly examining the reports that the Commission sends it. In addition, Members of Parliament frequently address written and oral questions to the Commission and the Council.
Parliament also has the power to set up temporary committees of enquiry to investigate allegations of infringements or maladministration in the implementation of Community law.
In matters of the common foreign and security policy and of police and judicial cooperation, Parliament has the right to be regularly informed and can address questions to the Council and make recommendations. It is consulted on the main aspects and fundamental choices in the field of the common foreign and security policy and on all proposed measures, with the exception of joint positions on questions of police and judicial cooperation.
Parliament examines petitions addressed to it by citizens of the Union on questions relating to the fields of activity of the Community.
The European Parliament appoints the European ombudsman, empowered to receive complaints concerning maladministration in the activities of the Community institutions or bodies.