EU legislative procedures can terminate without adoption due to procedural discontinuity at the end of a European Parliament term or (explicit?) withdrawal by the European Commission.
Currently the model only captures adopted legislation. For empirical analysis of legislative processes (e.g., duration, failure, censoring), it is useful to explicitly represent lapsed procedures.
This issue proposes adding:
lapsed_event- and a resulting
lapsed_date
to EUProcedure. Also has possible implications for end_event and status sttributes (= lapsed).
Background
There is no fixed expiration period for EU legislative proposals. Procedures can remain pending for many years.
However, two institutional mechanisms can terminate a procedure:
1. End of European Parliament term (procedural discontinuity)
At the end of the parliamentary term (every 5 years), unfinished business in the European Parliament formally lapses.
Relevant rule:
At the end of the last part-session before elections, all Parliament’s unfinished business shall be deemed to have lapsed.
Source:
However, the new Parliament can decide to resume consideration of specific files early in the new term.
If the Parliament has already adopted a plenary position, the file may continue in the next term.
Useful explanation:
2. Withdrawal by the European Commission
The European Commission can withdraw legislative proposals during the legislative process.
This immediately terminates the procedure.
Legal basis:
- Commission right of initiative under Article 17 TEU
- practice recognized in Case C-409/13 Council v Commission
Reference:
EU legislative procedures can terminate without adoption due to procedural discontinuity at the end of a European Parliament term or (explicit?) withdrawal by the European Commission.
Currently the model only captures adopted legislation. For empirical analysis of legislative processes (e.g., duration, failure, censoring), it is useful to explicitly represent lapsed procedures.
This issue proposes adding:
lapsed_eventlapsed_dateto
EUProcedure. Also has possible implications forend_eventandstatussttributes (=lapsed).Background
There is no fixed expiration period for EU legislative proposals. Procedures can remain pending for many years.
However, two institutional mechanisms can terminate a procedure:
1. End of European Parliament term (procedural discontinuity)
At the end of the parliamentary term (every 5 years), unfinished business in the European Parliament formally lapses.
Relevant rule:
Source:
https://www.europarl.europa.eu/doceo/document/RULES-9-2023-11-01-RULE-250_EN.html
However, the new Parliament can decide to resume consideration of specific files early in the new term.
If the Parliament has already adopted a plenary position, the file may continue in the next term.
Useful explanation:
https://epthinktank.eu/2024/07/18/unfinished-business-from-the-ninth-term/
2. Withdrawal by the European Commission
The European Commission can withdraw legislative proposals during the legislative process.
This immediately terminates the procedure.
Legal basis:
Reference:
https://fabianbohnenberger.com/2024/06/13/political-discontinuity-the-commissions-right-to-withdraw-legislative-proposals/