Analysis of the Influence of the European Parliament and the Council of the EU Exemplified by the EU Emissions Trading System Reform

Abstract

Received 28.12.2020. The article examines the comparative influence of the Council of the European Union and the European Parliament in the ordinary legislative procedure using the example of the EU Emissions Trading System (ETS) reform. The study was carried out on the basis of a process tracing method. Primary data includes documents reflecting positions of the actors (summary of consultations, position papers, statements) and the progress of the legislative process (Commission proposal, EP amendments, discussions in the Council, final text of the directive). In total, 21 important elements of the reform were analysed, on which the positions of the European Parliament and the Council diverged significantly. The following conclusions are made. 1) The case study provides a relevant example of the consensual nature of the EU decision-making. 2) The case study confirms that the essence of the legislative process in the EU is not a confrontation, but an faithful cooperation of both co-legislators. 3) The Commission and both co-legislators were significantly limited by the decision of the European Council, which fixed most of the basic parameters of the ETS phase IV. This corresponds to the trend of new intergovernmentalism. 4) The study of comparative influence of both co-legislators on the final text of the directive demonstrates that the member states played a decisive role in the ETS reform, and the final provisions of the directive reflect primarily the balance of interests and influence in the Council. The study shows how the interests of certain groups of the EU member states, in particular of CEE countries, were taken into account. The influence of the European Parliament on the legislative process is greater than that of individual countries, even the biggest ones, but it is no more than a quarter of the influence of the Council as an actor. 5) The study identifies a number of factors that enable the European Parliament to uphold its position more effectively. Acknowledgments. The article has been supported by the Institute of International Studies of the MGIMO-University. Project No. 2022-02-01.