Passerelle clause

A passerelle clause is a clause in treaties of the European Union that allows the alteration of a legislative procedure without a formal amendment of the treaties. Passerelle is French for 'small bridge'.

The use of a passerelle clause requires the unanimity of all member states, though those with opt-outs and those not participating in an area under enhanced cooperation may not have a vote. Unlike formal treaty revision, their use does not require national ratification.[citation needed] According to the European Movement International, such clauses have never been used as of 2023.

General clauses

The Treaty of Lisbon provides for two general passerelle clauses that apply to all decision-making under the treaties. They are subject to the following preconditions:

Provided the preconditions are met, the European Council acting unanimously can:

Specific clauses

There are a further six specific clauses. These apply to specific policy areas and may be easier to adopt than the general clauses as they require fewer preconditions. In four of them it is the Council rather than the European Council which may the decision to use the clause. The European Parliament has no role in four of the clauses and is limited to being consulted in the other two. A national parliamentary veto is only retained in one of them.

European Council acting alone

Enhanced cooperation

within that enhanced cooperation.

The decision is made unanimously by the participating member states within the Council of Ministers. In the event a move from a special to the ordinary legislative is proposed, the European Parliament must be consulted.

Council acting on the proposal of the European Commission after having consulted the European Parliament

Council acting on the proposal of the European Commission after no national parliament has objected

See also

References

  1. ↑ "The "Passerelle" Clauses: Paper over the Cracks or a Bridge to Treaty Reform? - European Movement". February 27, 2023.
  2. ↑ The final paragraph of Article 48(7) of the Treaty on European Union (as amended).
  3. 1 2 3 4 5 6 7 Select Committee on European Union (26 February 2008). "Chapter 3: Simplified Treaty Revision and Passerelles". Tenth Report. UK Parliament. Retrieved 19 July 2014.
  4. ↑ "Legislative procedures". Europa. European Commission. Retrieved 19 July 2014.[dead link]