The ordinary legislative procedure is managed bystandard rules laid out in Art. 294 of TFEU. it is the same provisions thatruled the previous ‘co-decision’ process(previously in Art. 251 EC). The application is touch upon almost all thepolicy areas that are confined within the TFEU. The role of parliament in the procedure alignwith the Council which has the same rights and same decision making authoritywhich has competence to exercise the greatest amount of legislative power underthis process. The procedure comprises up to three main stages, although theprocess can be accomplished at the first or second stage of reading. Firstly, European Commission who has the right ofinitiative prepare legislative proposal on its own initiative or at the requestof other EU member states or institutions, followed by citizen’s initiative.
Then, the proposal will be sent simultaneously to the EP,Council, and national parliament, and sometimes to the Committee of the Regionsand the Economic and Social Committee. Continuing on to the first reading by EP which the presidentof parliament refer the proposal to a parliamentary committee. The committeevotes ont his report and any amendment to it listed by other members. EP thendiscuss and votes on the legislative in plenary which resulted in Parliament’s position.
It can accept without any changes or amendment. Once theresult is out, first reading position is dispatched to the Council. Council may only formally conduct their first readingbased on the Parliament’s position.
It can accept the EP position,meaning the legislative proposal is adopted. However, it can also adopt changesto the EP’s position which formed the council first readingposition and sent to Parliament for a second reading. In the second reading, EP has three to four months toexamine the council position and this process have four possible aftermaths.
First,EP approves position of council and the act is adopted. Second, EP fails totake decision within the time frame meaning the act adopted based on thecouncil first reading. Third, EP reject council first reading and the actcannot be adopted and procedure ended. Lastly, EP propose amendments to councilfirst reading and dispatch the position to Council for second reading.Similarly, the council has the same time-limit to assess EP’s second position. It is also informed about the Comissions position onthe parliament second reading.
What council can do in these steps is either toapprove all parliament’s amendments or reject it. Rejection of EP’s amendment will have formed a meeting of Conciliation Committeeconsisted of President of Council and Parliament president. A conciliation committee must be formed within the6-8 weeks of the Council’s rejection of EP’s second reading.Committee consisted of even number of Council and MEP’s. they are given6-8 weeks time limit to decide on a joint text based on second reading of bothparliament and council. If joint text cannot be formed, the legislativeproposal acts falls and the procedure ended. If it does agree, then the textwill be sent to third reading of EP & Council.
At last, both bodies havesame time limit to decide and modify. If both approved, the proposal adopted orif one of the other rejects or even both doesn’t correspond withtime, the procedure ended with no legislative being adopted. Therefore, theprocess restart from the beginning with new proposal initiate by theCommission. In terms of number of cases which decided by theprocedure, 67% of the case conluded in the first reading, then 24% on secondreading, and only 9% concluded through conciliation. Decisions taken under the OLPs are based on QualifiedMajority Voting or QMV. It is understood that unanimity is not necessarilyneeded for a decision to be taken in the Council when a pre-determined majorityof member states are agreement.
Each of the member state has certain number ofvotes depending on population size. As the new rule adopted on November 2014,the double majority rule applied which requires majority of 55 % of the memberstates (16/28 states) if the proposal is made by the Commission or High Rep.Other options in case the proposal is made by somebody else, requires 72%instead of 55. Regardless, of the who made the proposal, it needs to have 65%majority of total EU Population.