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Chapter 3 reconstructs the functioning of the European legislative process in practice. To this end, it systematizes the main normative instruments that steer and discipline the behavior of European political actors and civil servants, including the (rather bare) Treaty provisions, the relevant interinstitutional agreements, the European Parliament’s Rules of Procedure, and the provisions set out in internal documents, especially administrative circulars. This chapter posits that administrative circulars are important for institutional interactions, as they contribute to regularizing the conduct of political actors (regulative component), creating normative expectations (normative component), and generating values, beliefs, and assumptions that actors internalize and accept as part of their “repertoire of unquestioned routines and habits” (cultural-cognitive component). As far as trilogues are concerned, all these provisions testify to the existence of a norms-based, institutionalized environment, congenial to legal analysis.
The events of the last ten years have shaken the “permissive consensus” that kept the European integration process going for many years. 'Output democracy', as based on decisions presumably meeting the needs of the citizens, is no longer enough to obtain public support. Never before has a process-oriented approach to European democracy been more urgent. This book aims to address this urgency, by providing an account of the European legislative process that is less conventional and does justice to the democratic potential inherent in trilogues. In particular, this book provides: a comprehensive reconstruction of the workings of trilogues, relying on internal documents collected through a series of access to documents requests; gives meaning to the legal notion of informality, understood as one of the most defining, although elusive, features of trilogues; squares the practice of trilogues with the European democratic order of the Treaties, showing that such a practice is compatible with a model of 'negotiation democracy'.
Triple majority for changing the status quo in Treaty of Nice (2001): qualified majority of weighted votes, majority of countries, qualified majority of the population. Convention proposal (2003): requirements from three to two by dropping the qualified majority of weighted votes and reducing the qualified majority threshold of the population from 62% to 60%. Important consequences for the political institutions of the Union: 1) facilitates political decision-making; 2) reduces relative weight of governments participating in the Council and increases the importance of the European Parliament; 3) reduces the role of the judiciary and bureaucracies in the Union in favor of the political process. Consequences of the Treaty establishing a Constitution for Europe signed in Rome 29 October 2004. Exactly in the middle between Nice and the European Convention.
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