Fabian Bohnenberger

With European elections coming up in early June 2024, the last “part-session” (plenary) of the 9th European Parliament is scheduled for 22-25 April. This leaves just a few months between now and then to finalise around 200 outstanding legislative files, to say nothing of all the other parliamentary activities (reports, etc.) that still need to be adopted.

So what happens to legislative proposals that have not been agreed before the end of the parliamentary term?

The EU treaties do not set out specific procedures for handling unfinished legislative dossiers. Instead, the EU Institutions have created rules to ensure some continuity, while also allowing flexibility in case political majorities change in the elections.

European Commission

The Commission can change or withdraw a legislative proposal that was submitted to Council and Parliament, as long as the Council has not adopted a position (Art. 293(2) TFEU). This means the new Commission will have the power to alter (at least some) old proposals that have already been submitted to co-legislators.

Concerning upcoming legislative proposals, i.e., drafts that have not yet been sent to co-legislators, the new Commission can reset its priorities – although there will likely be some consistency between mandates this time.

The new Commission will set out its legislative priorities in its new Political Guidelines, Commissioners’ Mission Letters, and its annual Work Programme (likely by October 2024).

European Parliament

Unless agreed otherwise, all “unfinished” Parliamentary business lapses. Unfinished means files on which Parliament has not yet adopted a first reading position or granted its consent. So if the old Parliament already held a plenary vote, the new Parliament can carry on legislative work. This is also why many rapporteurs are now racing to progress their files as much as possible.

According to Rule 240 of the EP’s Rules of Procedure, the Conference of Presidents can decide, at the beginning of the new term, “on reasoned requests from parliamentary committees and other institutions to resume or continue the consideration” of unfinished legislative work.

Continuation typically requires agreement between the (new) political group coordinators, committee chairs, and political group leaders. In previous transitions, the EP has wanted to resume work on most significant files.

Moreover, Parliament can ask the Commission to refer a proposal back to Parliament where elections have taken place (Rule 61) and request that Council re-consults Parliament (Rule 84). These options exist to account for changed political majorities in the EP.

Council

Council is least affected by the European elections. The Council Presidency can ask Parliament to continue parliamentary work on specific unfinished business (see Rule 240).