A passerelle clause is a clause in
treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures ...
that allows the alteration of a
legislative procedure without a formal amendment of the treaties. The use of a passerelle clause required unanimity of all member states although member states with opt-outs and those not participating in an area under enhanced cooperation may not have a vote. Unlike formal treaty revision their use does not require national ratification. ''Passerelle'' is
French for a 'small bridge'.
General clauses
As of the coming into force of the
Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member s ...
, there are two general passerelle clauses which apply to all decision making under the treaties. They are subject to the following preconditions:
* It must be approved by the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
given by an absolute majority of its members (at least 376 out of a total of 751 MEPs must vote in favour), and
* National parliaments must be notified of any intended use of a general passerelle clause. If any objects to a proposal within a 6 month period the proposal fails.
Provided the preconditions are met, the
European Council acting unanimously
can:
* replace unanimous voting in the
Council of Ministers
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or nati ...
with
qualified majority voting
The procedures for voting in the Council of the European Union are described in the treaties of the European Union. The Council of the European Union (or simply "Council" or "Council of Ministers") has had its voting procedure amended by subsequ ...
,
and
* move from a
special legislative procedure to the
ordinary legislative procedure
The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and ...
.
Specific clauses
There are a further six specific clauses.
[{{cite web, title=Legislative procedures, url=http://europa.eu/legislation_summaries/institutional_affairs/treaties/lisbon_treaty/ai0016_en.htm, website=Europa, publisher=European Commission, accessdate=19 July 2014] These apply to specific policy areas and may be easier to adopt than the general clauses as they require fewer preconditions. In four of them it is the Council of Ministers rather than the European Council which may the decision to use the clause. The European Parliament has no role in four of the clauses and is limited to being consulted in the other two. A national parliamentary veto is only retained in one of them.
;European Council acting alone
* Under Article 31 TEU the European Council may expand on the list of foreign policy matters in which the Council of Ministers may vote using qualified majority voting.
* Under Article 312 TFEU the European Council may adopt a decision allowing the Council of Ministers to act by a qualified majority when adopting regulations laying down the multiannual financial framework.
;Enhanced cooperation
* Under Article 333 TFEU member states participating in an enhanced cooperation may vote to:
** move to qualified majority voting, or
** move from a special legislative procedure to the ordinary legislative
: within in that enhanced cooperation. The decision is made unanimously by the participating member states within the Council of Ministers. In the event a move from a special to the ordinary legislative is proposed, the European Parliament must be consulted.
;Council of Ministers on the proposal of the European Commission after having consulted the European Parliament
* Under Article 153 TFEU the Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament change decision making in certain areas affecting the right of workers from a special (unanimity with EP consultation) to the ordinary legislative procedure.
* Under Article 192 TFEU the Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament change decision making in certain areas affecting the environmental matters from a special (unanimity with EP consultation) to the ordinary legislative procedure.
;Council of Ministers on the proposal of the European Commission after no national parliament has objected with a six-month notification period
* Under Article 81 TFEU the Council of Ministers may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure.
See also
*
Revision procedures for the Treaty of Lisbon
*
European Union legislative procedure
*
European Union Act 2011
The European Union Act 2011 (c. 12) was an Act of the Parliament of the United Kingdom, requiring that a referendum be held on amendments of the Treaty on European Union or the Treaty on the Functioning of the European Union. Introduced in the H ...
References
External links
Passerelle clauses, brake clauses and accelerator clauses*
ttps://www.theyworkforyou.com/wrans/?id=2006-07-10b.81900.h UK Parliamentary Reply
Treaties of the European Union