Keith Mack
The European Union's institutional structure has been criticized for being undemocratic and unaccountable. In response, the European Parliament and the Council of the EU have gained oversight powers over the Commission's regulatory activities. The ordinary legislative procedure, established by the Maastricht Treaty in 1992, grants the European Parliament and the Council equal law-making powers in various areas. The Lisbon Treaty further strengthened this procedure, allowing the inclusion of veto provisions in legislation. This enables the Parliament and Council to block secondary legislation drafted by the Commission through a qualified majority vote in the Council or an absolute majority vote in Parliament. While the right to veto exists, its actual exercise has been low. EU member states also possess a right of veto in sensitive matters, requiring unanimous voting. However, there have been recent claims that the European Parliament abolished this right by replacing unanimous voting with qualified majority voting. Nevertheless, these claims are inaccurate, as a resolution proposing such a change does not hold binding value, and a revision of the European treaties would be necessary for its implementation.
| Characteristics | Values |
|---|---|
| Who can veto EU laws? | EU member states, the Council of the European Union, the European Parliament, and the Commission |
| Voting procedure | Unanimous voting, qualified majority voting |
| Unanimous voting required for | Common foreign and security policy, citizenship, EU membership and EU finances |
| Qualified majority voting requirements | 55% of member states (15 out of 27), 65% of the total EU population |
| Veto powers | The Council and the Parliament can include a veto provision in their legislation to block secondary legislation drafted by the Commission |
| Veto usage | Low |
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What You'll Learn
The European Parliament and Council of the EU
The European Parliament and the Council of the European Union (also known as the Council of Ministers) are two institutions with law-making powers in the EU. The ordinary legislative procedure, established by the Maastricht Treaty (1992) and extended by the Amsterdam Treaty (1999), gives the European Parliament and the Council equal power in a wide range of areas, including economic governance, immigration, energy, transport, the environment, and consumer protection. This procedure was further strengthened by the Lisbon Treaty in 2009, making it the primary decision-making mechanism in the EU.
Under the ordinary legislative procedure, a legislative text undergoes up to three readings in Parliament and can only come into effect if both Parliament and the Council agree on its final wording. This process ensures that Members of the European Parliament, as the directly elected representatives of Europeans, have a say in shaping EU rules and policies. The European Parliament and the Council can also give the Commission the authority to adopt non-legislative acts related to a legislative act, such as implementing and delegated acts.
While the Commission initiates legislation, the Lisbon Treaty grants the European Parliament and the Council the right to veto secondary legislation through legislative vetoes. This means they can vote to override the Commission's secondary legislation before it becomes law. However, the actual exercise of these veto rights has been relatively low. To exercise a veto, either a qualified majority vote in the Council or an absolute majority vote in Parliament is required.
The Council of the European Union's voting procedures are outlined in the treaties of the European Union and have undergone amendments over time. The current system, established by the Treaty of Lisbon, is known as qualified majority voting, which requires a majority of countries (55%) and a majority of the population (65%). Certain matters, such as common foreign and security policy, citizenship, EU membership, and finances, are considered "sensitive" and require unanimous voting, giving each member state a de facto veto power in these areas.
In recent years, there has been debate around the EU member states' right of veto, with some claiming that the European Parliament aimed to abolish it. However, experts clarified that a resolution is non-binding, and any changes to the voting process would require a complex revision of the European treaties with unanimous approval from the member states.
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The Lisbon Treaty
In terms of veto powers, the Lisbon Treaty reduced the scope of member states' veto abilities but did not abolish them entirely. It changed the voting procedure in the Council of the European Union, or the Council of Ministers, by moving from unanimity to qualified majority voting in at least 45 policy areas. This change addressed the fears of smaller member states of being overruled by larger countries. The treaty specifies in Article 16 that the Council shall act by qualified majority voting (QMV) in areas of competence, with certain exceptions. Qualified majority voting now extends to policy areas that previously required unanimity under the Nice Treaty.
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Unanimous voting
The Council of the European Union (or simply "Council" or "Council of Ministers") has had its voting procedure amended by subsequent treaties and currently operates on the system set forth in the Treaty of Lisbon. The Council votes on a wide range of areas, including economic governance, immigration, energy, transport, the environment, and consumer protection. The Council's voting procedure is known as qualified majority voting, a type of consociational democracy.
However, unanimous voting is required for certain matters that member states consider "sensitive". These include common foreign and security policy, citizenship, EU membership, and EU finances. On these matters, decisions cannot be taken without unanimity, meaning that all member states must agree. This is sometimes referred to as the "right of veto", as it allows member states to block decisions in these sensitive areas.
The Lisbon Treaty of 2009 narrowed the list of issues for which member states can use their veto right. The EU now takes most decisions by qualified majority voting, which requires at least 55% of member states to agree, or 15 out of the current 27 member states. These states must also represent at least 65% of the total EU population.
While the Council and Parliament have increasingly included veto provisions in EU law, the actual exercise of veto rights has been extremely low. This may be because vetoes slow down decision-making and can fuel or reinforce anti-EU sentiments.
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Qualified majority voting
A standard qualified majority is the ordinary procedure used for most EU legislation, whereas a reinforced qualified majority is used if the Council is acting on a proposal that has not come from the Commission or High Representative for Foreign Affairs. For instance, when electing key posts like the European Central Bank president and High Representative.
QMV is also used for certain comitology committees involved in adopting implementing acts and acts under the regulatory procedure with scrutiny. The standard qualified majority is used for proposals from the European Commission or the High Representative of the Union for Foreign Affairs and Security Policy.
In 2023, there were claims that the European Parliament had abolished the right of veto of the European Union's member states by replacing unanimous voting with QMV in several areas. However, this is inaccurate. The claim refers to a resolution that proposes increasing the number of areas where decisions are taken by QMV, which would prevent any one country from blocking decisions. However, for now, the voting process remains unchanged.
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The Commission's role
The ordinary legislative procedure, introduced by the Maastricht Treaty in 1992 and strengthened by subsequent treaties, gives the European Parliament and the Council of the EU shared law-making powers. This procedure ensures that directly elected representatives of Europeans have a say in shaping EU rules and policies. Under this procedure, a legislative text can go through up to three readings in Parliament and only comes into effect if both Parliament and the Council agree on the final wording.
The Commission, through its proposals, plays a central role in guiding this process. While the Parliament and Council now have the right to veto secondary legislation, they rarely exercise this power. This reluctance may be due to the oversight these bodies now have over the Commission's regulatory activities, addressing claims of a 'democratic deficit'.
The Commission also has the power to adopt non-legislative acts related to legislative acts adopted by the Parliament and Council. These include implementing acts, which aim for uniform implementation across EU countries, and delegated acts, where the Commission can supplement or amend non-essential elements. The Commission's role in these acts ensures consistent application and allows for necessary adjustments.
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Frequently asked questions
EU laws can be vetoed by the Council of the European Union, the European Parliament, and the member states.
The Council of the European Union's voting procedure is a type of consociational democracy known as qualified majority voting. For a proposal to pass, it must meet the following conditions:
- Majority of countries: 55% (comprising at least 15 of them)
- Majority of population: 65%
A veto is only possible for issues where national interests are high, such as foreign policy, defence, enlargement of the European Union, finance, and amendments to treaties.
