Interinstitutional Agreement

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An interinstitutional agreement is an agreement between the Council of the European Union , the European Parliament and the Commission . Such agreements regulate the cooperation between these institutions. For the first time, interinstitutional agreements were defined in a declaration of the Intergovernmental Conference on the Treaty of Nice ; an express anchoring of primary law was provided for for the first time in the Lisbon Treaty. The current legal basis for interinstitutional agreements is Art. 295 TFEU .

Originally, interinstitutional agreements were essentially only concluded in matters relating to the EU budget . In this area, for example, the interinstitutional agreement on budgetary discipline and sound financial management was concluded. It regulates more detailed provisions on the preparation of the budget and the management of the budget. The agreement is divided into three parts:

• Part I: Financial Framework for the years 2007 to 2013
• Part II: Cooperation between the institutions in adopting the budget
• III. Part: Management of the EU institutions.

The provisions of this interinstitutional agreement were essential, since the primary law provisions relating to the EU budget had not been changed since 1975 before the entry into force of the Lisbon Treaty.

The Lisbon Treaty brought about major changes in the budgetary area. For example, the Treaty on the Functioning of the European Union, as amended by the Lisbon Treaty , stipulates that the financial framework is to be adopted by Council regulation with the consent of the European Parliament. The procedure for adopting the budget has also been fundamentally revised. As a result, a number of the provisions of the aforementioned interinstitutional agreement are no longer applicable and there are drafts to adapt the budgetary provisions to the legal situation created by the Lisbon Treaty.

However, the instrument of interinstitutional agreements is not limited to the area of ​​budget law. In particular, since the entry into force of the Nice Treaty , interinstitutional agreements have been concluded in a number of other areas of law. An example of this would be the interinstitutional agreement on better lawmaking or the interinstitutional agreement on access by the European Parliament to sensitive information from the Council in the field of security and defense policy .

Individual evidence

1. ↑ ^{a b} Florian von Alemann: The form of action of the interinstitutional agreement: An investigation of the inter-organ relationship of the European constitution . Volume 182 of Contributions to Foreign Public Law and International Law. Springer DE, 2006, page 350.
2. ↑ SCADplus. Interinstitutional Agreement and Financial Framework (2007-2013)
3. ↑ ^{a b} EU Commission: Interinstitutional Agreement on Cooperation in the Budget , accessed on July 27, 2013.
4. ↑ EU Commission: Interinstitutional Agreement - “Better Lawmaking” , accessed on July 27, 2013.