EU Treaty Revision: Decision-Making and Procedures

Topic 5: Decision-Making Process and Sources

As established in accordance with the provisions of Article 288 TFEU, the competences of the Union are exercised through the action of its institutions. These institutions establish their will through rules of primary and secondary law. Given that the procedures for drafting these rules vary, it is necessary to define the governing system.

Treaty Revision Models

As Article 48 TEU stipulates, treaties may be amended according to two revision models:

• The Ordinary Procedure
• The Simplified Procedure

The Ordinary Procedure

The ordinary procedure is initiated when any government of a Member State, the European Parliament, or the Commission submits draft revisions of the treaties (TEU, TFEU, or TCEEA) to the Council. These drafts may aim, inter alia, to increase or reduce the competences conferred on the Union.

Procedural Steps

1. The Council forwards these drafts to the European Council and notifies national parliaments.
2. If the European Council, after consulting the European Parliament and the Commission, adopts a decision by a simple majority to examine the proposed amendments, the President of the European Council convenes a convention.
3. This convention is composed of representatives of national parliaments, Heads of State or Government, the European Parliament, and the Commission. In cases involving institutional changes in the monetary field, the European Central Bank is also consulted.
4. The Convention examines the drafts and adopts a recommendation by consensus, addressed to a Conference of representatives of the governments of the Member States.

Exceptions and Final Approval

The European Council may decide by simple majority, after obtaining the consent of the European Parliament, not to convene a Convention if the importance of the amendments does not justify it. In such cases, the European Council establishes a mandate for a conference of representatives of the Member States.

The President of the Council then convenes a Conference of Representatives of the Governments of the Member States to approve the amendments by common accord. These amendments enter into force only after ratification by all Member States in accordance with their respective national rules.