Passerelle regulation
A passerelle regulation (also bridging clause , passerelle clause or in the spelling passarelle clause ) is generally referred to as a procedure in which a committee that should actually make a decision unanimously can unanimously decide to make this decision by majority vote. Such regulations can be found in some international treaties or administrative agreements of the German federal states.
EU passerelle regulation
The passerelle regulation, which was introduced in the European Union by the Treaty of Lisbon , is well known. According to this, the European Council (the organ of the heads of state and government) can unanimously decide that in certain policy areas for which unanimity is actually intended in the Council of the European Union , decisions can be taken with a qualified majority. However, in this case, the national parliaments (in've Germany so Bundestag and Bundesrat ) a veto; so they could block such a decision by the European Council.
The full text in question (Article 48 (7)) in the new EU Treaty reads:
(1) In cases where the Council acts unanimously in an area or in a specific case in accordance with the Treaty on the Functioning of the European Union or Title V of this Treaty, the European Council may adopt a decision requiring the Council to: Area or in this case with a qualified majority. This sub-paragraph does not apply to decisions with military or defense implications.
(2) In cases in which the Treaty on the Functioning of the European Union requires legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision whereby the legislative acts can be adopted in accordance with the ordinary legislative procedure.
3. Any initiative taken by the European Council on the basis of the first or second subparagraphs shall be communicated to the national parliaments. If this proposal is rejected by a national parliament within six months of the transmission, the decision referred to in the first or second subparagraph shall not be adopted. If the initiative is not rejected, the European Council may adopt the decision.
(4) The European Council shall adopt the decisions referred to in sub-paragraphs 1 or 2 unanimously with the consent of the European Parliament, which shall act by a majority of its members.
Passerelle regulation in the Basic Law
The Basic Law now also recognizes such a regulation in the newly inserted Article 91c, Paragraph 2, Sentence 2 of the Basic Law.
