Abstract
In this paper, we evaluate the distribution of power within the Council of Ministers (CM) in the EU’s most used legislative procedure, the codecision procedure or ordinary legislative procedure. Although our main emphasis is on the power distribution inside CM, we do not make the assessment in isolation from the European Parliament (EP) because it ‘co-decides’ on the respective policy outcomes. We investigate aprocedural non-cooperative model of codecision, in which members of CM and EP act strategically. CM and EP are thus evaluated as integrated parts of EU decision making. We relate our findings to studies that disregard the effects of inter-institutional interaction on the intra-institutional distribution of power. Previous analysis of the inter-institutional balance of power between CM and EP is extended by explicitly accounting for weighted voting.
An earlier version of this article by Stefan Napel and Mika Widgrén was published in Homo Oeconomicus 26(3–4), 297–316, 2009. Alexander Mayer updated the data and references, and recalculated all tables for EU28 assuming that Croatia’s accession to the EU takes place on 1 July 2013 as scheduled. We thank Manfred J. Holler and Hannu Nurmi for helpful suggestions. The usual caveat applies.
Mika Widgrén unexpectedly passed away on 16.8.2009 at the age of 44.
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Notes
- 1.
- 2.
Napel and Widgrén (2011) investigated the EU’s consultation procedure. It was introduced already in the Treaty of Rome in 1957 and for a long time remained the only way to take decisions in what is now the European Union. After the Lisbon Treaty has come into force, this procedure plays a much smaller role—mainly for competition law—than it used to. However, its relative simplicity provides an ideal framework for investigating the effects of inter-institutional interaction on voting power.
- 3.
We extended the number of members from currently 754 to 766, based on the assumption that Croatia’s 12 observers to EP will become actual members when Croatia joins the EU in July 2013.
- 4.
Corresponding values of the (absolute) Penrose-Banzhaf power index (PBI) are also included in Table 1 but are not explored in our comparative analysis.
- 5.
In some of these areas, EP had previously no say or only a right of consultation.
- 6.
Under the Treaty of Lisbon, proposals can—at least in specific cases—also be submitted on the initiative of a group of member states, on a recommendation by the European Central Bank, or at the request of the Court of Justice (see Art. 294(15) TFEU).
- 7.
The Commission—by a negative opinion on EP’s proposal—can require CM to accept unanimously (see Art. 294(9) TFEU).
- 8.
This already uses the fact that if countries’ ideal points result from independent draws from a continuous probability distribution on \(X\), such as the uniform one considered below, then there is almost surely only a single country with position \(\mu _{(i)}\). So \(w(\mu _{(i)})\) and \(p(\mu _{(i)})\) will be well-defined with probability one.
- 9.
Quite often in the spatial voting literature, EP is treated as a unitary actor. However, this simplification is not needed for the purposes of this paper. See Napel and Widgrén (2006) for robustness checks regarding the modeling of EP.
- 10.
That framework builds on—and very considerably generalizes—ideas which were first put forward by Widgrén and Napel (2002) (reprinted in this volume).
- 11.
Assuming that all ideal points are mutually independent and uniformly distributed on \(X=[0,1]\) implies that \(\tilde{\pi }\) is beta-distributed with parameters 383 and 384. The distribution of \(\tilde{\mu }\) is considerably more complicated because of weighted voting.
- 12.
Note that underestimations require corresponding overestimations by the definition of relative power.
- 13.
The pattern of the Lisbon deviations is qualitatively different from its EU27 analogue in Napel and Widgrén (2009). The explanation seems to be that the Lisbon rule’s 55 %-requirement amounted to an effective member quota of about 55.56 % for EU27 (15 out of 27 members), while the latter is around 57.14 % for EU28 (16 out of 28 members). This implicit quota rise somewhat increases the effect of (b), reduces the net effect of (a) and (b), and renders the Lisbon deviations more similar to the Nice deviations for EU28.
- 14.
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Napel, S., Widgrén, M., Mayer, A. (2013). Strategic A Priori Power in the European Union’s Codecision Procedure Recalculated for EU28. In: Holler, M., Nurmi, H. (eds) Power, Voting, and Voting Power: 30 Years After. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-35929-3_29
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