Chapter 2

• British Constitutionalism


  Defines (primary) legislation as an act adopted by the Queen-in-Parliament, involving a legislative procedure linking the House of Commons, the House of Lords, and the monarchy
• European Constitutionalism


  Adopts a procedural definition of legislative power distinguishing between ordinary and special legislative procedures as per Article 289 TFEU
• Ordinary Legislative Procedure


  Joint adoption by the European Parliament and the Council of a regulation, directive, or decision on a proposal from the Commission (Article 294)
• Special Legislative Procedure


  Adoption by the European Parliament with the participation of the Council or vice versa
• European Legislation


  An act adopted by the bicameral Union legislator with symmetric procedural rights for both institutions
• Special Legislative Procedures


  Characterized by institutional inequality between the European Parliament and the Council, with one acting as the dominant institution
• Ordinary Legislative Procedure


  1. Proposal Stage

  2. First Reading

  3. Second Reading

  4. Conciliation Stage

  5. Third Reading

  6. Signing and Publication
• Trilogues


  Informal meetings between representatives of the three institutions to facilitate agreements at various stages of the legislative procedure
• Trilogues can short-circuit formal legislative procedures, potentially undermining democratic deliberation
• Consent Procedure


  One institution consents to the legislative bill of the other
• Consultation Procedure


  One institution consults the other but is not bound by its substantive views
• Subsidiarity


  Derived from the Latin subsidium, meaning assistance or aid, emphasizing that central authority should only perform tasks that cannot be effectively performed at a more immediate or local level
• Subsidiarity was elevated to a general constitutional principle of the European Union in the Maastricht Treaty (1992), defined in Article 5 TEU
• National Insufficiency Test


  The Union acts only if the objectives of the proposed action cannot be sufficiently achieved by Member States
• Comparative Efficiency Test


  The Union acts if it can better achieve the objectives of the proposed action
• Subsidiarity Safeguards


  • Political Safeguards: National parliaments can issue reasoned opinions on draft legislative acts. The "yellow card" and "orange card" mechanisms allow national parliaments to challenge compliance with the subsidiarity principle.
  • Judicial Safeguards: The European Court of Justice reviews legislative acts for compliance with subsidiarity, focusing on national insufficiency and proportionality.
• Council's Central Role


  Authorizes negotiations, adopts negotiating directives, signs, and concludes agreements
• Commission's Role


  Submits recommendations and conducts negotiations
• European Parliament's Role


  Informed during all stages and involved in the conclusion of certain agreements requiring its consent or consultation
• Modification


  The Council can authorize the Union negotiator to approve modifications to agreements
• Suspension


  The Commission or the High Representative may propose suspending an agreement, with the Council making the final decision
• Functional Succession


  The Union can succeed to international agreements of its Member States where there is a full transfer of functions, particularly in areas of exclusive competence