The recasting of legislation means the adoption, when an amendment is made to a basic instrument, of a new legal instrument which incorporates the said amendment into the basic instrument, but repeals and replaces the latter. Unlike formal consolidation, it involves changes of substance. It also gives a comprehensive overview of an area of legislation.

At the 1996 Intergovernmental Conference, which led to the adoption of the Amsterdam Treaty, the idea of a reinforced qualified majority was brought up both by a large number of national delegations and by the European Commission. This proposal stems from the conviction that if the unanimity requirement is maintained, it would all too often result in stalemate in an enlarged Union. Unanimity might therefore be replaced in certain cases by a reinforced qualified majority that is greater than the normal percentage of votes generally required for majority voting.

With the view to playing its role as guardian of the Treaties and defender of the general interest the Commission has been given a right of initiative which empowers and requires it to make proposals on the matters contained in the Treaty, either because the Treaty expressly so provides or because the Commission considers it necessary.