On Wednesday 24 May, the European Parliament’s Committee on Constitutional Affairs (AFCO) came out in favour of making use of the ‘passerelle’ clause in the existing European Treaty, which allow EU Member States to decide unanimously to take decisions by qualified majority voting on certain legislative dossiers in the future.
In particular, MEPs envisage a timetable for gradually extending the areas in which decisions by the Council of the EU would be taken by a qualified majority of Member States. By the end of 2023, the ‘passerelle’ clauses mechanism would apply to the EU’s response to Russia’s military aggression in Ukraine, the ‘European Green Deal’ and the revision of the Multiannual Financial Framework. By the end of 2024, this will include human rights issues in the context of the Common Foreign and Security Policy (CSDP), taxation and the fight against gender-based violence. After 2024, the ‘passerelle’ clauses could apply to all aspects of CSDP, to social policy and the fight against discrimination, and to the democratic functioning of the EU.
Giuliano Pisapia (S&D, Italian), the author of the report adopted by a comfortable majority (18 votes in favour, 7 against, no abstentions), regretted in a press release that the Member States were “repeatedly” using their right of veto “to block or delay urgent decisions”.
The AFCO parliamentary committee also warns that the activation of the ‘passerelle’ clauses must not be used as an excuse not to revise the European treaties. It is also finalising a detailed report on this issue in order to keep up the pressure on the EU Council to forward the European Parliament’s request for a European Convention to the European Council (see EUROPE 12968/17). A revision of the Treaties could put an end to the need for unanimity to activate ‘passerelle’ clauses, according to MEPs.
The use of ‘passerelle’ clauses remains highly controversial in the Council of the EU. In the second half of 2022, the previous Czech Presidency scrutinised this issue, identifying 67 legal bases for which a ‘passerelle’ clause (article 48(7) of the TEU) would authorise the transition from unanimity to qualified majority voting by the Member States (see EUROPE 12996/18).
Last Monday, the European foreign ministers of the countries in favour of moving to qualified majority voting in the EU Council held talks on this issue (see EUROPE 13175/8). (Original version in French by Mathieu Bion)