LISBON EXPLAINED: Part X: Qualified majority voting:More decisions will be taken by qualified majority voting; fewer will require unanimity
THE LISBON Treaty increases the areas that decisions are made in the Council of Ministers via qualified majority voting (QMV) rather than requiring a unanimous decision supported by all 27 EU member states.
The most significant change is in the sensitive area of justice and immigration policy, where decisions will be decided under the normal co-decision legislative procedure. This means that MEPs sitting in the European Parliament will get the power to propose amendments to legislation in immigration, asylum and judicial co-operation.
The shift to QMV was proposed, in part, because giving MEPs a say on legislation would improve scrutiny of decisions taken by the council. But also because many states have become frustrated by the legislative logjam created by individual states vetoing proposals they don’t like. For example Sweden recently resisted an EU proposal on dealing with cross-border divorces while Ireland has opposed minimum rights for criminal suspects.
Moving to QMV makes it more difficult for a single member state to block EU proposals supported by a majority of EU states. But in recognition of the sensitivity of the justice portfolio all states have the right to appeal against a decision on which they are outvoted using an “emergency brake” mechanism. This allows a state to bring a measure for additional consideration at a summit of EU leaders.
Ireland, along with Britain, has also negotiated the ability to opt in or out of new justice and immigration measures. Both states won this concession in recognition of their common law system and because they are not members of the EU common travel area. This means Ireland cannot, for example, be forced to sign up to a new EU-wide system providing a minimum level of rights to criminal suspects.
The Lisbon Treaty does not introduce QMV voting in particularly sensitive areas such as taxation, family law, defence and foreign policy. Any decisions proposed at EU level in these fields will still have to be decided through a unanimous vote.
The Lisbon Treaty lists about 60 areas where there is a move to QMV voting, although some do not exist under the current EU treaties. For example it says election to the new post of president of the European Council created by the Lisbon Treaty should be carried out using QMV. In a limited number of these areas MEPs will not gain the right of co-decision.
In practice, EU states generally try to make decisions through consensus rather than force QMV votes that could isolate a particular member state.
In 2006, there were 153 pieces of legislation passed by the Council of Ministers, but a disagreement registered through QMV voting only occurred on 34 occasions, according to a report by the Centre for European Policy Studies. However, the report, Old Rules, New Game, said that EU enlargement was leading to an increase in the use of qualified majority voting.