Documents on codecision
Early Agreements
The documents we list here offer information on the transformation of the co-decision procedure in the European Union (EU) during the last decade in particular. Indeed, since the procedure’s introduction by the Maastricht Treaty in 1993, both the formal rules of co-decision and the legislative praxis in Europe have undergone significant change. The routine application of codecision has led to fast-track legislation and an informalisation of the legislative procedure; an inter-organisational partnership between the two co-legislators; and intra-organisational conflict within the Parliament in particular.
In terms of formal reform, the 1999 Amsterdam Treaty, first, extended the scope of co-decision to 38 areas of Community policy; a trend continued with the 2003 Nice Treaty that increased the number to 43. Second, under the Amsterdam Treaty the Council lost the right to re-introduce its common position at third reading, following failed conciliation. Third, Amsterdam formalised the possibility of passing a legislative act at first reading, with the legislative procedure abridged or “fast-tracked” accordingly. Such “early agreements” or “first reading deals” are based on informal negotiations between the Council of Ministers and the European Parliament (EP), taking place before the Parliament has issued its formal opinion and before the Council has adopted its common position on the Commission’s proposal.
The significant changes in the codecision procedure are documented in the texts listed below.