Campaign briefing: Democracy and the European constitution

The legislative process

The basic legislative procedure in the EU is that the Commission proposes legislation and the European Parliament and the Council of Ministers (representing the member state governments) together decide. For some legislation, the EP and the Council must both agree to the legislation (this is known as co-decision); in other areas, the EP's role might only be consultative with only the Council having a formal say.

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The draft constitution will increase the number of policy areas which are subject to co-decision, thus giving the EP more influence over legislation, including areas such as agriculture and the budget (I-19(1)). The range of policy areas to which QMV will be applied rather than unanimity will also increase.

A second change in the legislative procedure is to end the six-monthly rotation of the presidency of the Council around the member states and instead introduce longer-term chairing arrangements (I-23(4)). This will enable the Council to take a longer-term view of legislation: at present, there is a rush at the end of every six month period to pass some legislation through so that the member state government in the chair came claim a few successes. This often results in rushed and badly prepared decisions. More continuity will enable the member state governments to have a more reliable input to European legislation.

Thirdly, two new provisions in the constitution (the protocols on the role of national parliaments in the European Union and on the application of the principles of subsidiarity and proportionality) will bring member state parliaments into the legislative process. They will gain the right to object to draft legislation on the grounds of subsidiarity or proportionality (i.e. that the proposed legislation is unnecessary or excessive) and ask the European Commission, proposing the legislation, to think again.

Lastly, the Council will meet in public whenever it is considering legislation (I-49(2)). At present, many of these debates and decisions take place behind closed doors. Opening up the proceedings of the Council will enable member state parliaments to hold to account their countries' representatives much more effectively than they have been able to in the past. This has the potential to increase considerably the influence that member state parliaments have in the approval of European legislation. In addition, it will become possible for the citizens to observe and influence the passage of European legislation in a way they have not been able to hitherto.

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