The ordinary legislative procedure applies in most cases to visas, asylum, immigration and judicial cooperation in civil matters. It may also be extended to judicial cooperation in criminal matters and police cooperation, although there are special provisions in such cases:
- The European Commission's right of proposal is complemented by a right of initiative of one quarter of the Member States.
- The ordinary legislative procedure applies only to certain offences in the area of criminal law. A a unanimous decision by the Council is required to extend this procedure to other offences.
- An "emergency brake" is introduced. A Member State which views a proposed legal act as a restriction on the basic principles of its legal system can call for the matter to be submitted to the European Council. If the latter does not take a decision within four months or if a European framework law is not adopted on the basis of a new proposal within 12 months, a group of at least one third of the Member States may initiate "enhanced cooperation", i.e. more far-reaching integration steps in previously defined policy areas.
The Constitutional Treaty contains a clause authorising the Council of Ministers to adopt by unanimous decision a European law establishing a European Public Prosecutor's Office. Its mandate is limited to combating crimes affecting the financial interests of the Union, unless the European Council takes a unanimous decision to extend that mandate.
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