The reading based on EP’s position. They can either

The procedure is foremost legislative procedure and govern
by rules listed in Art. 294 of TFEU. Earlier known as co-decision procedure (Art.

251 EC) when it was proposed in the Maastricht Treaty. In relations to role of
European parliament (EP), it has equal footing with council. There are up to
three main stages.

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Primarily, European Commission (EC) has the right to
initiate legislative proposal upon its own initiative or by the request of
other MS or institutions, respected by citizen’s initiative.

Next, proposal will be sent to EP, Council, national parliament, and sometimes
to committee of regions and the Economic & Social Committee. First reading
by EP which President of parliament raises proposal to parliamentary committee
which then discuss and vote on the legislative in plenary, resulted in EP’s position. The institutions can accept without any amendment. Then, it
will be dispatched to Council. Meanwhile on the first reading, council merely conduct
their reading based on EP’s position. They can either accept,
resulted in proposal being adopted- or amend EP’s position which
constitute as council first reading. It will be sent to Parliament for second
reading

 

In the second reading, EP has three to four months to
examine the council position and this process have four possible aftermaths. First,
EP approves position of council and the act is adopted. Second, EP fails to
take decision within the time frame meaning the act adopted based on the
council first reading. Third, EP reject council first reading and the act
cannot be adopted and procedure ended. Lastly, EP propose amendments to council
first reading and dispatch the position to Council for second reading.

Similarly, the council has the same time-limit to assess EP’s second position. It is also informed about the Commissions position on
the parliament second reading. What council can do in these steps is either to
approve all parliament’s amendments or reject it. Rejection of EP’s amendment will have formed a meeting of Conciliation Committee
consisted of President of Council and Parliament president. In the following
steps, second reading, EP has up to four months to assess the position of
council. It has few possible results. First, when EP approve the council
position and act is adopted. Second, in case parliament fails to take decision
within time limit, means the act adopted based on council first reading. Third,
EP reject and procedure ended. Lastly, EP makes amendments and dispatch it to
council for their second reading. The Council has same time limit to assess EP’s second reading and they either can approve or reject it. If rejection
arise, then conciliation committee must be formed.

 

Conciliation Committee
must be created within eight-week post council second reading rejection, which
consist of even number of Council and MEP’s and chaired by
European Commission to agree on joint text. If this step ineffective, the
procedure ended. But if agreement has been reached, text will be referred to
third reading of Council & EP. Lastly, within same time limit, both bodies
have to decide and modify. If one rejects or doesn’t decide within
time limit, the procedure ended without any legislative being adopted. EP has the right to veto

 

 

 

 

 

 

In terms of number of legislation which decided by
the procedure, 67% of the case concluded in the first reading, then 24% on
second reading, and only 9% concluded through conciliation. Decisions under OLP
based on Qualified Majority Voting. Therefore, unanimity is not a requirement.

Each of MS has votes depending on population size. As new rule applied on 2014,
double majority rule required majority of 55% of MS (15/28) if made by
Commission or High Rep. when it’s made by others, 72% majority is needed.

Regardless of who made it, 65% majority of overall EU population is a
requirement.