The European legislative process: essential closed-door meetings with a decisive roadmap

The legislative process of the European Union is complicated and strange for most citizens, accustomed to the dynamics of parliaments and national governments.. It has been modified over time and although a possible reform of the Treaties is not on the table right now, if the Union ends up opening its doors to the many applicants knocking on the door, it would not be surprising if the necessary steps were taken to adapt them.. Now it is a convoluted and delicate process, it is cumbersome and very slow and is subject to blockades by a single government and often unanimous decisions, but it succeeds, more or less. With three, six or nine more members, it would be unviable.

The EU also has a Parliament. Why is the process so different?

The operation has little or nothing to do with that of a national, regional government or a city council. The EU has a Parliament, but it does not have a legislative initiative. This corresponds to the European Commission which, despite what is often said, is not the executive body either.. In the Union, the Commission is the one that makes the proposals for directives or regulations, and then it is the European Parliament and the European Council (that is, the ministers of each branch of the 27) that negotiate it, softening the idea, reinforcing it or amending it completely.

Who has the last word then?

The Council, the governments. Nothing is done in the end in the EU against national governments. There are many procedures, negotiations. There are at some points where MEPs have the power of ratification, blocking, even sporadically veto or censure.. But the last word, the last step, always belongs to the executives.

What, then, are these trilogues?

They are a creation, modeled over time, to negotiate. The Commission makes its legislative proposal and the ball passes between two courts. On the one hand, to the European Parliament, which establishes its position on the issue, first in the appropriate committee and then through a vote in plenary.. On the other hand, national governments do it, which through working groups, ambassadors and infinite contacts between capitals also establishes their own position.. And then both parties, deputies and governments, begin to negotiate, with the technical assistance of the Commission. These are known as trilogues.

Are important?

Yes a lot. According to the Secretary of State for the European Union, for example, the trilogues solution has proven to be a success. Approximately 90% of legislative proposals are approved in first reading and only 2% reach the conciliation phase, according to their data.. During the Spanish Presidency of the Council of the EU this semester, Spanish diplomats and technicians will chair 1,555 meetings, an average of 80 per week and 22 per day. During this time, some 520 legislative and non-legislative files will be addressed and there are no less than 80-90 files that will go to trilogues.

Are they a quick process?

Not at all, trilogues can last months or years. They are essential today for the functioning of the community machinery, but they are also tremendously opaque, with hardly any media coverage and no transparency.. Specialized organizations believe that the parties should be required to publish a negotiating mandate before debates on legislative proposals. To ensure that civil society can perform its necessary role in a democracy, the list of proposed participants and meeting schedules should also be made available in good time.. And these Transparency organizations ask that the documents exchanged between the institutions be made available days after the process has concluded and before the text is presented to the plenary session of Parliament.

What happens if a trilogue fails?

The legal process contemplates what is known as three readings until there is an agreement. If after the third there is not one, the proposed measure declines.. The proliferation of trilogues in the last decade, both political and technical, goes hand in hand with the search for speed and consensus. It's cumbersome, but this ensures that everyone agrees. In past legislatures, up to 85% of codecision files were adopted in first reading, because that is where closed-door meetings take place.. In the period 2009-2014, for example, there were 1,500 out of 320 legislative packages.