MATTHEWS v. THE UNITED KINGDOM JUDGMENT
6
Article 144 provides for a motion of censure by the European Parliament
over the European Commission whereby if a motion is carried by a twothirds majority, representing a majority of the members, the members of the
European Commission are required to resign as a body.
Article 158 provides that the European Parliament is to be consulted
before the President of the European Commission is nominated, and the
members of the European Commission, once nominated, are subject as a
body to a vote of approval by the European Parliament.
The first paragraph of Article 189 provides:
“In order to carry out their task and in accordance with the provisions of this Treaty,
the European Parliament acting jointly with the Council, the Council and the
Commission shall make regulations and issue directives, take decisions, make
recommendations or deliver opinions.”
Article 189b provides:
“1. Where reference is made in the Treaty to this Article for the adoption of an act,
the following procedure[1] shall apply.
2. The Commission shall submit a proposal to the European Parliament and the
Council.
The Council, acting by a qualified majority after obtaining the opinion of the
European Parliament, shall adopt a common position. The common position shall be
communicated to the European Parliament. The Council shall inform the European
Parliament fully of the reasons which led it to adopt its common position. The
Commission shall inform the European Parliament fully of its position.
If, within three months of such communication, the European Parliament:
(a) approves the common position, the Council shall definitively adopt the act in
question in accordance with that common position;
(b) has not taken a decision, the Council shall adopt the act in question in
accordance with its common position;
(c) indicates, by an absolute majority of its component Members, that it intends to
reject the common position, it shall immediately inform the Council. The Council may
convene a meeting of the Conciliation Committee referred to in paragraph 4 to explain
further its position. The European Parliament shall thereafter either confirm, by an
absolute majority of its component Members, its rejection of the common position, in
which event the proposed act shall be deemed not to have been adopted, or propose
amendments in accordance with subparagraph (d) of this paragraph;
1. This procedure is required to be used, inter alia, in connection with Article 49 of the EC
Treaty (measures for the free movement of workers), Article 54(2) (programme in
connection with freedom of establishment), Article 57(2) (mutual recognition of diplomas
in connection with the right of establishment), Article 66 (mutual recognition of diplomas
in connection with the freedom to provide services), Article 100a(1) (approximation of
provisions in connection with the internal market) and Article 130s(3) (action programmes
in connection with the environment).