The ordinary The ordinary legislative legislative

procedure step by procedure step by step – multilingual step – multilingual

aspectsaspectsLuxembourg, 28 March 2011Luxembourg, 28 March 2011

IngemarIngemar StrandvikStrandvikQuality managerQuality managerDirectorate A, DGTDirectorate A, DGTEuropean European CommissionCommission

Peter VavrikPeter VavrikCoordinatorCoordinator

Directorate for Legislative Directorate for Legislative ActsActs

European ParliamentEuropean Parliament

John BeavenJohn BeavenQuality CoordinatorQuality Coordinator

Language DepartmentLanguage DepartmentCouncil of the European Council of the European

UnionUnion

PurposePurpose

Contribute to a better Contribute to a better understanding of our respective understanding of our respective roles in the overall text roles in the overall text production processproduction process

Contribute to a better Contribute to a better understanding of the need for understanding of the need for knowledge-sharing throughout knowledge-sharing throughout the processthe process

Ordinary Legislative Ordinary Legislative ProcedureProcedure

Diagram is in Diagram is in handout and inhandout and in

http://ec.europa.eu/codecision/stepbyshttp://ec.europa.eu/codecision/stepbystep/diagram_en.htmtep/diagram_en.htm

Explanations inExplanations inhttp://http://

ec.europa.eu/codecision/index_eec.europa.eu/codecision/index_en.htmn.htm

and inand in http://www.consilium.europa.eu/showhttp://www.consilium.europa.eu/showPage.aspx?id=435&lang=enPage.aspx?id=435&lang=en

Workflow in the Workflow in the Commission:Commission:A text is bornA text is born

Colleagues,HoU

Deskofficer

InterserviceConsultation

(ISC)

D-G, other directorates

Director, Directorate

(the other units)

Cabinet

(…but also Upstreaming coordination: Internal and external – DGs, LS; MS, experts, stakeholder consultations, etc.)

(On the one hand: a very hierarchical structure…)

→ many different levels→ many interventions

Interservice consultationInterservice consultation

InterserviceConsultation

- CIS-NET (database)

Legal Service DGT Other DGs

ISC – Legal ServiceISC – Legal Service Subject-matter lawyers (juristes de fond)Subject-matter lawyers (juristes de fond)

Main activity : Court cases, but also legal advice incl. ISCMain activity : Court cases, but also legal advice incl. ISC ISC : Focus on legal basis, legal certainty (conflicts with ISC : Focus on legal basis, legal certainty (conflicts with

other legislation, etc.). No time for dealing with drafting other legislation, etc.). No time for dealing with drafting aspectsaspects

Both legislation and other documentsBoth legislation and other documents Legal revisers Legal revisers (cf. CONS, EP, ECJ)(cf. CONS, EP, ECJ)

Screening of CIS-NetScreening of CIS-Net Focus on legislative drafting quality (Joint Practical Focus on legislative drafting quality (Joint Practical

Guide)Guide) Only legislation proper (not even explanatory Only legislation proper (not even explanatory

memoranda)memoranda) Rarely ex-post revision of translations (box to tick)Rarely ex-post revision of translations (box to tick) No power to enforce, only adviceNo power to enforce, only advice

ISC – DGTISC – DGT

D.4 Editing ServiceD.4 Editing Service Screening of CIS-Net (other selection Screening of CIS-Net (other selection

criteria than legal revisers)criteria than legal revisers) Focus on linguistic drafting aspects (cf. Focus on linguistic drafting aspects (cf.

legal revisers)legal revisers) 50% outside ISC50% outside ISC

Workflow in the Workflow in the Commission:Commission:

last stepslast steps

Submission to the Commission Submission to the Commission for adoptionfor adoption

Chefs de cabinetChefs de cabinet meeting meeting (Discussion during Commission’s (Discussion during Commission’s

meeting)meeting)

Workflow in the Workflow in the Commission:Commission:

Arrival in DGT for Arrival in DGT for translationtranslation

Texts arrive before, during or after Texts arrive before, during or after ISCISC

Even when texts arrive after ISC, it Even when texts arrive after ISC, it is normal to have several versionsis normal to have several versions

Originals have been revised many Originals have been revised many timestimes

Workflow in the Workflow in the CommissionCommission

Ordinary Legislative Ordinary Legislative ProcedureProcedure

Diagram is in Diagram is in handout and inhandout and in

http://ec.europa.eu/codecision/stepbyshttp://ec.europa.eu/codecision/stepbystep/diagram_en.htmtep/diagram_en.htm

Explanations inExplanations inhttp://http://

ec.europa.eu/codecision/index_eec.europa.eu/codecision/index_en.htmn.htm

and inand in http://www.consilium.europa.eu/showhttp://www.consilium.europa.eu/showPage.aspx?id=435&lang=enPage.aspx?id=435&lang=en

Zoom in: 1Zoom in: 1stst reading reading

Zoom in: 2Zoom in: 2ndnd reading reading

Tidy partTidy part

EP and Council 2nd readings take place in succession EP and Council 2nd readings take place in succession ((firstfirst 11, 11, thenthen 16, 16, finallyfinally 18) 18)

Council works on text as amended by EPCouncil works on text as amended by EP

Messy part Messy part

EP and Council first readings take EP and Council first readings take place place in parallelin parallel (steps 2 and 4). (steps 2 and 4).

First reading First reading “For it to be possible to conclude dossiers subject to the ordinary legislative procedure (formerly ‘codecision’) at the end of the first reading, proceedings need to be conducted in parallel in the two institutions, there must be an intensive exchange of information, and the Council Presidency has to be readily available for exploratory contacts and negotiations with the EP.”

Source: Council’s Guide to the ordinary legislative procedure, October 2010

http://www.consilium.europa.eu/uedocs/cmsUpload/QC3109179ENC.pdf

First readingFirst reading

11stst Council reading Council reading

Council First Reading Council First Reading (pre-Lisbon)(pre-Lisbon)

Zoom into step 4 of colour flowchartZoom into step 4 of colour flowchart COM proposal goes to working parties, COM proposal goes to working parties,

then COREPER, then Councilthen COREPER, then Council They bring in political amendments (which They bring in political amendments (which

is normal), is normal), but also…but also…

Council first readingCouncil first reading(pre-Lisbon)(pre-Lisbon)

(In theory) entire COM proposal was (In theory) entire COM proposal was revised by Council’s linguistsrevised by Council’s linguists

Linguistic and technical changes Linguistic and technical changes introducedintroduced by Council’s linguistsby Council’s linguists or at the initiative of experts from or at the initiative of experts from

national delegationsnational delegations

Council First Reading Council First Reading (post-Lisbon)(post-Lisbon)

EP (and no longer Council) has the final EP (and no longer Council) has the final saysay

Act adopted in the wording corresponding Act adopted in the wording corresponding to EP’s positionto EP’s position

If Council wants to get its amendments in If Council wants to get its amendments in at first reading, it negotiates informally with at first reading, it negotiates informally with EPEP

Council First Reading Council First Reading (post-Lisbon)(post-Lisbon)

In accordance with the provisions of Article 294 of the In accordance with the provisions of Article 294 of the TFEU and the joint declaration on practical TFEU and the joint declaration on practical arrangements for the codecision procedure, a number arrangements for the codecision procedure, a number of informal contacts have taken place between the of informal contacts have taken place between the Council, the European Parliament and the Commission Council, the European Parliament and the Commission with a view to reaching an agreement on this dossier with a view to reaching an agreement on this dossier at first reading, thereby avoiding the need for a at first reading, thereby avoiding the need for a second reading and conciliation.second reading and conciliation.

(and later)(and later)The amendment adopted corresponds to what was The amendment adopted corresponds to what was agreed between the three institutions and ought agreed between the three institutions and ought therefore to be acceptable to the Council. therefore to be acceptable to the Council. Consequently, once the Legal/Linguistic Experts have Consequently, once the Legal/Linguistic Experts have examined the text, the Council should be in a position examined the text, the Council should be in a position to adopt the legislative act.to adopt the legislative act.

Problems with the original Problems with the original (monolingual perspective)(monolingual perspective)

No clearly identifiable “master No clearly identifiable “master version” of proposals at version” of proposals at eacheach stage stage

EP and Council work in parallel on EP and Council work in parallel on the same text at some stagesthe same text at some stages

No clear mechanisms for bringing No clear mechanisms for bringing changes together afterwardschanges together afterwards

The parallel life of the The parallel life of the translations (multilingual translations (multilingual

perspective) perspective) Where do translators fit in the overall Where do translators fit in the overall

process?process? Where do translation-related Where do translation-related

problems arise?problems arise?

If Council changes without If Council changes without informing DGT informing DGT

translators…translators… Frustration from Frustration from

DGT translators (who see their effort wasted)DGT translators (who see their effort wasted) national experts from MS consulted in relation national experts from MS consulted in relation

to the translation (who see their input to the translation (who see their input apparently taken on board at first, then apparently taken on board at first, then ignored)ignored)

Risk for negative impact on Risk for negative impact on “objective” quality of legislation and “objective” quality of legislation and on resourceson resources

If so, bad for the image of translation If so, bad for the image of translation departments and the EU as a wholedepartments and the EU as a whole

11stst Parliament reading Parliament readingRole of the Directorate for

Legislative Acts (DLA)Ensure, at all stages of the Parliamentary procedure, the highest possible quality of legislative texts in all languages

Provide drafting advice and other legislative services

Ensure that Parliament's political will is rendered in high-quality legislative acts

Methods

Specialised teams (LLs/ASTs) follow committees

Continuity - each file is coordinated by the same LL throughout the whole process (submission of a COM proposal to EP signature)

Drafting advice provided before Plenary decides (committee documents, trilogues)

Interinstitutional cooperation: availability of translations, finalisation of COD documents, working groups

Revision by lawyer linguists:

legal linguistic issues Is the Is the wording of the amendmentswording of the amendments legally legally

and linguistically correct?and linguistically correct? Do the amendments comply with Do the amendments comply with Union Union

drafting rulesdrafting rules?? Is terminology used correctly and Is terminology used correctly and

consistently?consistently? Would the wording of any amending Would the wording of any amending

provisions, if adopted, fit seamlessly into the provisions, if adopted, fit seamlessly into the basic act?basic act?

Do the amendments include provisions Do the amendments include provisions relating to delegated or implementing acts?relating to delegated or implementing acts?

Revision by lawyer linguists:

procedural issues Parliamentary models Parliamentary models National parliaments, the Economic National parliaments, the Economic

and Social Committee and the and Social Committee and the Committee of the Regions Committee of the Regions

References to existing legislationReferences to existing legislation AdmissibilityAdmissibility In second reading texts, are the In second reading texts, are the

amendments correctly based on the amendments correctly based on the text of the Council position?text of the Council position?

DOCUMENT FLOW: EP

Language versions

Verification of all language versions

Instructions / MEF

Questions/ comments

Liaison with authors and other services

File coordinator

Vote Texts Adopted

PLENARY

Council Chef de file

Pre-meeting

EP File coordinator

National experts

Members / other services /Elise

Committee secr.

Council service traitant

original

Council NE meeting

translations

Adoption by Council

FINALISATION

Commission

Final version uploaded into Euramis

Adoption at 1Adoption at 1stst reading reading

Ordinary Legislative Ordinary Legislative ProcedureProcedure

Source: Source: http://ec.europa.eu/codecision/statistics/docs/report_statistics_public_draft_en.pdfhttp://ec.europa.eu/codecision/statistics/docs/report_statistics_public_draft_en.pdf

Ordinary Legislative Ordinary Legislative ProcedureProcedure

Source: Source: http://www.europarl.europa.eu/code/information/activity_reports/activity_report_2004_2009_en.pdfhttp://www.europarl.europa.eu/code/information/activity_reports/activity_report_2004_2009_en.pdf

Adoption at 1Adoption at 1stst reading reading

Frustration from Frustration from Council translators (who see their effort wasted)Council translators (who see their effort wasted) delegates from MS governments (who see their delegates from MS governments (who see their

requests apparently taken on board at first, then requests apparently taken on board at first, then ignored)ignored)

Impact on “objective” quality of Impact on “objective” quality of legislation, waste of resourceslegislation, waste of resources

Bad for the image of translation Bad for the image of translation departments and the EU as a wholedepartments and the EU as a whole

Problems with the Problems with the translations : translations :

(multilingual perspective)(multilingual perspective) No clearly identifiable “master No clearly identifiable “master

version” of translations at version” of translations at eacheach stage stage EP and Council work in parallel on EP and Council work in parallel on

the same text at some stagesthe same text at some stages No clear mechanisms for bringing No clear mechanisms for bringing

changes together afterwardschanges together afterwards

Conclusions (1)Conclusions (1)

Many unresolved structural Many unresolved structural problems which affect problems which affect allall languages, both originals and languages, both originals and translationstranslations

Any solutions need to be applied Any solutions need to be applied throughout all translation throughout all translation departments and will involve departments and will involve all all threethree institutionsinstitutions

Conclusions (2)Conclusions (2)

Fiction of monolingual decision-makingFiction of monolingual decision-making Multilingual aspects not sufficiently taken Multilingual aspects not sufficiently taken

into account, as if translation was taken for into account, as if translation was taken for grantedgranted

Originals revised much more than Originals revised much more than translationstranslations

Improvements of translations get lost or are Improvements of translations get lost or are difficult to take into accountdifficult to take into account

Consequences for the quality of legislation, Consequences for the quality of legislation, the efficient use of resources, motivation and, the efficient use of resources, motivation and, politically, for the legislators politically, for the legislators

Way forward: Knowledge-Way forward: Knowledge-sharing (1)sharing (1)

Sharing of relevant informationSharing of relevant information to ensure the legislative qualityto ensure the legislative quality to make efficient use of scarce to make efficient use of scarce

resourcesresources to strengthen each actor’s “ownership” to strengthen each actor’s “ownership”

of good solutions to avoid frustrationof good solutions to avoid frustration

Way forward: Knowledge-Way forward: Knowledge-sharing (2)sharing (2)

Different means: Different means: Note, Elise, feedback: incident reporting, Note, Elise, feedback: incident reporting,

one-stop-shops, Euramis, IATE; annotations, one-stop-shops, Euramis, IATE; annotations, proactive terminology and training, ... proactive terminology and training, ...

Mechanism to indicate linguistic and Mechanism to indicate linguistic and technical changes as opposed to political technical changes as opposed to political ones?ones?

Effective mechanism to spot (and prevent!) Effective mechanism to spot (and prevent!) translations being carried out in parallel by translations being carried out in parallel by EP, Council and COM?EP, Council and COM?

Knowledge-sharing: Knowledge-sharing: two recurring questionstwo recurring questions

What is relevant information?What is relevant information? It depends…up to language community to It depends…up to language community to

decide…decide… Cf. Interinstitutional guidelines for EliseCf. Interinstitutional guidelines for Elise

What’s in it for me?What’s in it for me? Need to know the global workflowNeed to know the global workflow Need to know each others needsNeed to know each others needs

Article 293(3) and (4) of TFEU

'3. The European Parliament shall adopt its position at first reading and communicate it to the Council.

4. If the Council approves the European Parliament’s position, the act concerned shall be adopted in the wording which corresponds to the position of the European Parliament.'

Way forward:Way forward: Full implementation of the

Lisbon Treaty (1)

1st reading agreements: legal linguistic finalisation shall be concluded before EP votes

Advantages:

Issues discovered in the course of finalisation can be easily corrected (no need for corrigendum) = high quality texts are at disposal of Members before the vote

EP translation services don’t need to translate consolidated amendments in the pre-session weeks (finalised versions can be used)

Final acts are published soon after their signature

Streamlining of current procedures = better use of resources

Way forward: Way forward: Full implementation of the Lisbon

Treaty (2)

Point 43 of the Joint declaration on practical arrangements for the codecision procedure of 13 June 2007:'The European Parliament and the Council shall agree on a common presentation of the texts prepared jointly by those institutions.'

Advantage:Transparent and coherent communication of political changes to citizensMore effective use of documents originating from other institution

Way forward: Way forward: Common presentation of

documents

Thank you!Thank you!

Questions? Questions? Comments?Comments?