EU decision-making after the Treaty of Lisbon: a quick guide

Abstract:

The concept of a ‘legislative procedure’ is now officially defined in the Treaties, following the entry into force of the Treaty of Lisbon. Article 289 of the Treaty on the Functioning of the European Union (TFEU) specifies that there are two types of legislative procedure: the ordinary legislative procedure and special legislative procedures. Most EU legislation must be proposed by the Commission, but as noted in Article 289(4) TFEU, there are a few cases where legislation can be proposed by the European Parliament, Member States, or other bodies. The most important of these for JHA matters is the field of policing and criminal law, where a quarter of Member States can make proposals (see Article 76 TFEU) – and already have done since the new Treaty entered into force.