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Special legislative procedures

In specific cases, such as single market exemptions, the Council of the European Union is the main decision-maker. The European Parliament is involved by either being consulted or giving its consent.

What are the special legislative procedures?

Special legislative procedures apply to specific cases where the Council alone adopts legislation. In these cases, the Parliament does not act as a co-legislator, but it must be consulted or give its consent. 

These procedures are used for specific areas such as single market exemptions, competition law and measures to combat discrimination. 

The European Commission submits a legislative proposal to the Council of the European Union and the European Parliament. The Council and the Parliament jointly adopt the legislation.

Consent or consultation of the Parliament

There are two types of special legislative procedure: the consent procedure and the consultation procedure.

In both cases, the legislative proposal normally comes from the European Commission, with only a few exceptions. They differ, however, in the degree to which the European Parliament is involved.

Consent procedure

The European Parliament may approve or reject a legislative proposal by an absolute majority vote, but it cannot amend it. 

The Council may adopt a law only after obtaining the Parliament's consent. The Council cannot overrule the Parliament's decision. 

Consultation procedure 

The European Parliament issues an opinion on a legislative proposal. It may approve the proposal, reject it or propose amendments. 

The Council is not legally obliged to follow the Parliament's opinion, but it must receive it before adopting the law. 

Which procedure is used when 

Consent procedure 

The consent procedure is used for: 

  • new EU laws to combat discrimination  
  • certain international agreements negotiated by the EU 
  • decisions on a serious breach of fundamental rights 
  • EU action in areas where the EU does not normally have the power to act

Consultation procedure 

The consultation procedure is used in cases such as:  

  • measures to prevent distortion of competition in the single market and single market exemptions 
  • the harmonisation of turnover taxes, excise duties, and other forms of indirect taxation 
  • recommendations and opinions adopted by the Council and the Commission 

Legal basis

The special legislative procedures are defined in Article 289(2) of the Treaty on the Functioning of the European Union. 

See also

The buildings of the Council of the EU, the European Parliament and the European Commission, connected with a line.
The Council's role in EU decision-making

The Council's role in EU decision-making

The steps of the ordinary legislative procedure.
The ordinary legislative procedure

The ordinary legislative procedure

The Council building surrounded by wheels and arrows.
Implementing and delegated acts

Implementing and delegated acts

Last review: 9 April 2026