How does the codecision procedure work?

The codecision procedure (also known as the ordinary legislative procedure) is currently one of the most important legislative procedures in the EU. It was introduced by the Maastricht Treaty in 1993 and later ‘tightened up’ by the Treaty of Amsterdam. With the Lisbon Treaty, the areas on which the procedure is used were extended.

The codecision procedure has helped to strengthen the influence of the European Parliament significantly. It places the Council and the European Parliament on an equal footing in the sense that both institutions must approve a proposal in order for it to become a reality. The codecision procedure also gives the European Parliament the opportunity to negotiate directly with the Council in a conciliation committee in the event of lack of agreement on a proposal.

Since the entry into force of the Treaty of Nice, the codecision procedure has been used in approximately 45 areas of cooperation.

The codecision procedure is divided into three phases. A proposal may go through up to three readings. Whether final adoption takes place during the first or second reading, or whether the proposal must also go through a third reading depends on the parties’ willingness to negotiate.

The three phases of the codecision procedure operate as follows:

First reading (no time limit):
The Commission presents a proposal for legislation.

The European Parliament adopts an opinion. The opinion is adopted by a simple majority of the votes cast (in contrast to an absolute majority as mentioned in connection with the second reading). This opinion will normally contain the Parliament’s amendments.

The Council may then adopt the proposal by qualified majority and make it law if either:

a. the Council and Parliament will accept the Commission’s proposal in the form presented
or
b. the Council supports all the European Parliament’s amendments.

The Council may, however, also choose to adopt an amended text in the form of a so-called ‘common position’, if the Council does not consider the Commission’s proposal ready for a decision to be made.

The common position is notified to Parliament, and the Council will provide Parliament with a detailed explanation of the background to the common position. The Commission shall also account for its position on adoption by the Council.

Second reading (time limit: 3 months +1):
There are three possibilities in the second phase:

a. The legal act is considered to be adopted if Parliament approves the Council’s common position as it stands by simple majority, or if Parliament does not express an opinion.

b. Parliament may reject the common position by absolute majority.

c. Parliament may adopt amendments to the common position by absolute majority. Parliament’s amendments are submitted to the Council, which may then initiate the second reading. The Commission shall give its opinion on Parliament’s amendments. The Council may then, within three months of receipt of Parliament’s amendments, adopt the proposal by qualified majority, if all Parliament’s amendments are acceptable. However, unanimity is required in the Council if the Commission issues a negative opinion on Parliament’s amendments.

The conciliation committee
If the Council does not wish to accept all of Parliament’s amendments, the minister presiding shall, within six weeks (subject to agreement with the President of the European Parliament), convene a conciliation committee, which shall attempt to unravel the threads between the Council and Parliament, and draw up a compromise text.

The conciliation committee comprises 27 representatives of the Member States – typically the EU ambassadors of the Member States and 27 members of the European Parliament, plus the Commissioner responsible for the relevant subject area.

Third reading (time limit 6 weeks + 2):
The conciliation committee then has six weeks to reach agreement on a compromise text which will find the support of both the Council and the European Parliament. Should it reach agreement, the Council and the European Parliament have six weeks to adopt the bill. The Council of Ministers generally takes a decision by qualified majority, while the European Parliament must approve the bill by a majority of the votes cast.

However, if neither the Council nor the European Parliament can approve the bill within the time limit of six weeks, the proposal is automatically rejected.

The time limits of three months and six weeks may be extended by a maximum of one month or two weeks respectively at the initiative of the European Parliament or the Council.

Further information:

The European Parliament's website on codecision