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Consent procedure (EU)
Practical Law UK Glossary 1-548-6185 (Approx. 3 pages)
Glossary
Consent procedure (EU)
A procedure whereby an act cannot be adopted by the Council unless the European Parliament (EP) votes to approve the proposal. The EP cannot amend the proposal: it can only approve or reject it as it is.
Formerly known as the assent procedure, the EU consent procedure was introduced by the Single European Act 1986.
A consent procedure can be either a special legislative procedure or a non-legislative procedure.
As a special legislative procedure under Article 289 of the Treaty on the Functioning of the European Union (TFEU), it is used:
- When new legislation on combating discrimination is being adopted.
- To give the EP a veto when the subsidiary general legal basis is applied in line with Article 352 of the TFEU.
As a non-legislative procedure, it usually applies:
- To the ratification of certain agreements negotiated by the EU.
- In cases of serious breach of fundamental rights under Article 7 of the Treaty on European Union (TEU).
- For the accession of new EU member states.
- To arrangements for withdrawal of member states from the EU (under Article 50 of the TEU, for instance).
See also Consultation procedure and Ordinary legislative procedure.
For more information, see Practice note, Adopting EU laws: overview: Consent procedure.