A special legislative procedure under Article 289 of the Treaty on the Functioning of the European Union (TFEU) whereby the European Parliament (EP) is asked for its opinion on a proposed legislative act before the Council of the EU adopts it.

The consultation procedure is used as an exception to the ordinary legislative procedure in sensitive policy areas, on a case-by-case basis, as set out in EU treaty articles. It is used in matters such as the internal market, exemptions or for EU competition law rules.

The EP can approve, reject or propose amendments to a legislative proposal under the consultation procedure. The Council is not legally obliged to take account of the EP's opinion but it must not adopt a legislative act via the consultation procedure without having received it.

If the Council has substantially amended the European Commission's proposal after the EP has given its non-binding opinion, the Council is required to consult the EP again (re-consultation) (point 40(iii), Framework Agreement on relations between the European Parliament and the European Commission).

See also consent procedure and Ordinary legislative procedure.

For more information, see Practice note, Adopting EU laws: overview: Consultation procedure.