Special Legislative Procedure

The Special Legislative Procedure is one of the legislative procedures in the European Union, and it involves specific circumstances where the European Parliament has a special role or where national parliaments are more directly involved. Here is a step-by-step description of the Special Legislative Procedure:

  1. Proposal by the European Commission:

    • Similar to the Ordinary Legislative Procedure, the legislative process begins with a proposal from the European Commission.

  2. Consultation with the European Parliament:

    • The Commission sends its proposal to the European Parliament for consultation. The Parliament reviews the proposal and provides its opinion.

  3. Consultation with the Council of the European Union:

    • The Commission also consults the Council of the European Union. The Council consists of representatives from the national governments of EU member states.

  4. National Parliaments' Involvement:

    • In the Special Legislative Procedure, national parliaments may be more directly involved compared to other procedures.

    • The proposal is sent to national parliaments for their consideration. They may have a certain period (usually eight weeks) to express their views on the proposal.

  5. Consideration by the European Parliament:

    • After receiving input from the national parliaments, the European Parliament takes the views into account and further examines the proposal.

    • The Parliament may adopt, reject, or propose amendments to the legislative act.

  6. Decision by the Council:

    • The Council considers the European Parliament's position and decides on the final text of the legislation.

  7. Formal Adoption:

    • Once both the European Parliament and the Council have reached an agreement, the legislation is formally adopted.

  8. Publication:

    • The adopted legislation is published in the Official Journal of the European Union.

  9. Implementation by Member States:

    • Member States are responsible for implementing the legislation into their national laws.

The Special Legislative Procedure is used in specific cases where the involvement of national parliaments is deemed crucial or where the European Parliament plays a special role in the decision-making process. It reflects the principle of subsidiarity, ensuring that decisions are made at the most appropriate level, whether at the EU or national level.

References

Lawmaking procedures : https://eur-lex.europa.eu/collection/legislative-procedures.html

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