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Powers Relative To The Commission And Council Assignment Sample

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Powers Relative To The Commission And Council Assignment Sample


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The main bodies of the European Union which take decisions are the council, Parliament, and commission. The commission is considered as the institution which is capable of tabling a formal legal proposal. On the other hand, the council and Parliament it is capable of trying and initiation the procedure; for instance, by the reports of their initiative or conclusion of presidency, formal authority regarding initiative is noted to be with the commission. The Parliament, as well as the council, can vote the proposals of the commission along with having variable powers as per distinct process regarding making decisions. The process which is utilised for a particular area regarding policy is brought in the treaty. It determines if the Minister council decides on the ground of qualified or unanimity majority; an incidence regarding the influence of the Parliament of Europe and if the social and economic committee, as well as the regional committee, has the authority of being consulted.


Legislative Procedures Of European Union

The legislative process of the European union that initiates with a proposal from the commission of Europe could be segregated as per two major headings, namely the legitimate specialised process that covers the procedure regarding assent, cooperation, and consultation As given regarding the earlier treaties and the ordinary legislative process which is earlier termed as the co - decisions. The further and elaborated commission which implements the decisions is considered in-network of the communities regarding the representatives of the member states, that are chaired through the commission of Europe. A large number of community-based procedures - termed as the comitology - implement the inter alia for proposals which are associated with the CFP or common fisheries policies, CAP or common agricultural policy, genetically transformed organisms, biodiversity, nature, and water. The process of comitology is largely utilised as the method for addressing matters which were found to be not resolved during the process of Co - decision, which indicates that a large volumeAs well as largely basic aspects regarding the legislation, are currently dealt with in the given manner.

Ordinary Legislative Procedure

The process of co-decision was initiated in the year 1993 by the Maastricht treaty as well as their implementation was largely extended till the year 1999 through the treaty of Amsterdam. The process of co-decision is further termed as the ordinary legislative procedure with the arrival of the article 294 TFEU of the treaty of Lisbon in effect, therefore employing the utilisation of the exception regarding the process of making decisions as a part of the norm regarding a large number of policy-based regions. The given procedure is currently implemented to 83 reasons consisting of the environment what have the exception regarding the provision of physical land utilisation, water resource management, diversification and supply of the resource of energy, nation and town planning, and nature; energy which excludes measures associated with the physical nature; cohesion and structural funds; CFP or common fisheries policies and CAP or common agriculture policies. Within the ordinary legislative process, the Parliament of Europe, as well as a council, are found to have equivalent weightage to decide how the last legislative peace is supposed to look. The Parliament of Europe adopts the decision by a large number of members; however, the council makes the process of decision through unanimity or QMV or the qualified majority voteWhich depends on the legitimate grounds of the proposal. Currently, the qualified majority is found to have 255 votes from the 3:45 votes, which are approximately 73.9 % as cast by the simple statutory majority of the members. The social and economic committee of Europe and the regional committee might matter the opinion during cases which are considered through the utilisation of the process of ordinary legislative as a large expansion from their introduction within the treaty of Maastricht in the year 1993 along with currently e implementing to a large number of measures to the environment. The enhancing use of process leads to the outcome of a substantial rise in the effect of MEPs throughout the initial stage of the development of legislation. The procedure of ordinary legislative is usually a time taking and complex process which lasts for approximately 2 years from the issue of proposal till it has been agreed upon. The achievement of the given process is considered based on a collaborative degree between the appropriate performing group of the council, the accountable parliamentary committee, and the commission.

Specialised Legislative Process

The specialised legislative process is implemented towards particular activities of the Parliament, council, and specific procedure of ad hoc.

Within the process of consultation, the council might decide only a letter to the sought of opinion by the Parliament. However, it is within none of the legitimate applications for accepting any proposal of Parliament regarding amendments. Therefore, the parliamentary powers are considered to be restricted. But by the denial of giving their opinion in the Parliament of Europe still have the influence veto within the given procedure. The procedure of consultation is implemented to five kinds of measures regarding the environment, namely the measures that considerable influence the choice of statutory members in between distinct sources of energy as well as usual structure regarding their supply of energy; the quantitative management regarding the resource of water; country and town planning as well as land use that have the exception of managing wastage; measures regarding environment consisting of the centrally fiscal provisions. In the given regions, the decision is taken by the council on the ground of unanimity. The given procedure was considered as a norm for the adoption of a large amount of previous legislation elaborated in the given manual.

Legislative Branches Of EU

The EU has three different legislative branches, which include the Parliament of Europe as one of the legislative branches along with being one of their institutions. Along with the EU council, the legislation of Europe is adopted by them, usually on the proposal of the commission of Europe. There Parliament comprises a total of 705 members. However, the Parliament of Europe has the power of legislation Like that of the council, but it does not pass any formal authority of initiation likewise various Parliament of the nation as performed by the statutory members, having the prerogative of the commission of Europe as the authority of initiation. Parliament is considered as the initial institution of the EU due to their initial mentioning in the treaty and the ceremonial precedence over various institutions of the European Union, as well as share equal budgetary and legislative power with the council having the exception on some matters in which the procedure of specialised legislative is implemented. It further has equivalent control on a budget of the EU. Finally, the commission of Europe, serving as the EU's executive branch, is considered responsible towards the Parliament. Specifically, the Parliament is capable of approving the nominee of the Council of Europe regarding the commission president, which further has the task of rejecting or approving the appointment of the complete council. Subsequently, it could force the present commission for resigning through the adoption of the censure motion.

Procedure Of Consent

The procedure of consent is earlier referred to as the obtainment of the consent of the Parliament before taking a decision. The Parliament of Europe might reject or accept any proposal however is not capable of amending it. The process is majorly implemented to the assessment of new statutory members, the appointment of president for the commission, range of foreign contracts which is signed by union along with the adoption of multi-annual finance-related frameworks.

Act Of Implementation

The new process to adopt the act of implementation comes into force from the 1st March of the year 2011 when the regulation regarding the act of implementation was applied. The given regulation please noted to automatically replace both the regulatory process and the preceding management. The former process of advisory is considered to be maintained, although with relevant amendments. Unlike the act of delegation, none of the upcoming alignment is needed with the current regulations and directives for putting the new process regarding the act of implementation in practice.

Comparing The Parliament and Council

The council and the Parliament are compared regarding the two bicameral legislative chambers. But there are some distinctions from the legislature of the nation. For instance, none of the council and Parliament has power which is regarding the initiative of legislation having the exception regarding the fact which states that the council has power in some matters of inter governance. In matters of community, it is the power that is reserved uniquely regarding the commission of Europe or executive. Hence, it is capable of rejecting or amending the legislation for making any proposal regarding the legislation; it requires the drafting of the bill by the commission before the creation of law. The word of this power is questioned by noting the nation-based legislature of the statutory members, with 85 per cent of the initiative being introduced irrespective of the executive assistance being a failure. It is argued by the earlier president of the Parliament, Hans-Gert Pöttering, that with the working of Parliament regarding the right to query commission for drafting these sort of legislation, and the following of the proposals of Parliament by the commission largely, Parliament is found to have the de facto authority regarding the initiative of legislation.

The Parliament further has a huge deal regarding an indirect impact, by the hearings of committee and resolutions which are non-binding in the form of 'pan - European soapbox' having the ears of a large number of journalists from Brussels. There also exists an indirect impact on the international policy; the Parliament is required to approve all of the grants of development, consisting of the overseas.

The former procedure of an advisory has been considered for maintenance, although with relevant modifications. Unlike the act of delegation, none of the upcoming modifications is required with the present regulations as well as directives for putting the new procedure regarding the activity of making such implementation into practice.


In conclusion, it is required to be e considered that through the method of derogation from the process of examination and advisory, the act of implementation is not considered to stay in force for more than six months. The commission is required to give a summation of the act to the appropriate committee under the period of fourteen days. It is required by the committee to search a majority for repairing those measures that are qualified only during the application of the process of examination. The president regarding the Parliament of Europe is a speaker of the body which preside over the Chambers of multiple parties. 5 of the biggest group as the ID or identity and democracy, Greens - EFA or the Greens/European free alliance, Renew Europe (earlier ALDEA), the progressive alliance of socialist and democratic or S&D and EEP group or European people's party group. The latest election throughout the European Union occurred in the year 2019.

The Parliament is capable of determining if the support and endorsement are provided to the candidate of the council of Europe who is noted to be suitable to be elected as president of commission along with further authorised with declining or endorsing the commission's position. The Parliament could therefore move the current commission towards the relinquishing through an embrace proposition to condemn.

The council and the Parliament are noted to have features of two distinct instruments regarding the bicameral legislation. However, while comparing with the legislature of the nation, both of these are found to share some particular differences; for instance, none of the council and the Parliament has right regarding the judiciary endeavour, which excludes the point which states the authority of council in some intergovernmental matters. Based on the affairs of the UN community, authorities are differentially gathered in respect to the commission of Europe and their representatives. Hence, the Parliament is capable of refusing as well as revising the legitimate constitution to construct the proposition regarding the legitimate bodies.

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