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Institutional Structure Process

'A major flaw of the EU institutional structure is that it is fundamentally undemocratic.'
 
The process of legislating within EC law appears to be quite complex. One of the reasons for this is that all the rules and procedures for legislating are laid down in the treaties at different points. Every EC law is based on a specific Treaty Article, in this case referred to as the legal basis of the legislation. The second reason is that there are different processes of legislating and the appropriate process depends on the particular area of the Treaty objectives that require legislating.
 
The process of legislating has been modified very significantly since the original treaties, as a result of the different subsequent treaties. The introduction of the new treaties arose from the criticism of the early legislative process that there was a so called democratic deficit, in other words that those institutions that existed on the basis of appointment rather then election controlled the processes. This democratic deficit was considered to be particularly true of the role of the Parliament which originally had little effect on the legislative process other then to suggest amendments.
 
The 3 institutions mainly involved in the legislative process are:
 
The commission (the body mainly responsible for proposing legislation and producing draft legislation)
 
Parliament (which either has a consultative role or in certain instances can propose amendments)
 
Council (the body that in effect is responsible for passing new legislation
 
Other institutions also play limited roles within the procedure, most notably COREPER, of course, which supports the council through all legislation.
 
There are 4 types of procedures that are available in the Community legal order. However, there are limited circumstances where the Commission is authorised to legislate on its own and there are other instances where the council and commission can act without consulting the parliament, although in practice they still do. The 4 main processes are:
 
The proposal (or consultation) procedure
 
The co-operation procedure
 
The co-decision procedure
 
The process of assent.
 
The proposal procedure was the original procedure but because of criticism that there was lack of sufficient accountability and the democratic deficit a new process was introduced to give the parliament a more meaningful role. This procedure was the co-operation procedure. It was introduced to provide a relatively straightforward means of involving the European parliament, which would have 2 readings of the draft proposals. It is also based on qualified majority voting by the Council and its main context was for internal marketing measures. However, use of this process has for the most part been removed by the treaty of Amsterdam and now only survives in respect of Economic Monetary Union (EMU)
 
The predominant process nowadays was then introduced. This is the co-decision procedure. Although initially highly complex, it has been subsequently modified by the Treaty of Amsterdam for the sake of simplification. Use of this procedure has been expanded by the Treaty of N本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。