Kara Sears
The European Commission plays a crucial role in proposing, implementing, and ensuring the correct application of EU laws. It acts within the boundaries set by the EU treaties, which are negotiated and agreed upon by all member states. The Commission's role extends to monitoring and enforcing compliance with EU laws across member countries, earning it the title of the 'guardian of the treaties'. While the Commission cannot pass laws independently, it possesses the authority to propose new laws, reflecting input from citizens, businesses, and stakeholders. This proposal process is a key aspect of the EU's law-making process, with the Commission working to ensure that laws are effectively implemented, evaluated, and updated when necessary.
| Characteristics | Values |
|---|---|
| Who can pass laws? | The EU, national governments, or both, depending on the area. |
| Basis for EU laws | EU treaties, which are negotiated and agreed upon by all member states. |
| EU law-making process | Planning, preparing, and proposing new laws. |
| EU law implementation | Ensuring laws are applied correctly and on time in all member countries. |
| EU law evaluation and updates | Conducting evaluations, fitness checks, and the REFIT program to simplify laws |
| EU law enforcement | Initiating infringement proceedings or pre-infringement processes when there is a breach of EU law. |
| EU law types | Regulations, directives, decisions, recommendations, and opinions |
| EU law and member states | Member states must adopt measures to incorporate directives into national law within specified deadlines. |
| EU law and businesses | Aiming to reduce regulations and simplify rules to support businesses and make them more competitive globally. |
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What You'll Learn
The EU Commission proposes and implements laws
The European Commission proposes and implements laws that align with the objectives of the EU treaties. The Commission encourages input from businesses, citizens, and other stakeholders in the law-making process. It also ensures that laws are correctly implemented, evaluated, and updated when necessary. The EU treaties, which have been approved by all member countries, serve as the foundation for EU law and specify the areas in which the EU, national governments, or both have the authority to pass laws.
The European Commission plays a crucial role in planning, preparing, and proposing new European laws. It gathers evidence and considers the views of citizens and stakeholders to formulate proposals for new laws. Once an EU law is passed, the Council of the European Union or the European Parliament may authorise the Commission to adopt implementing acts or delegated acts to ensure proper implementation and updates.
The Commission is responsible for monitoring the timely and correct application of EU laws in all member countries. It provides support through online information, expert group meetings, and the development of implementation strategies and guidance documents. In cases of non-compliance, the Commission may initiate a pre-infringement process or a formal infringement procedure to address the issue.
The Commission's REFIT programme is an example of its efforts to simplify existing EU laws and make them less costly to apply. The Commission also conducts evaluations and fitness checks to improve the effectiveness of EU laws. Overall, the European Commission plays a vital role in proposing and implementing laws that align with the EU's objectives, ensuring their correct application, and adapting them when necessary.
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The EU can only pass laws in certain areas
The European Commission proposes and implements laws in line with the objectives of the EU treaties. The Commission encourages input from businesses and citizens in the law-making process and ensures laws are correctly implemented, evaluated and updated when needed.
The EU can only pass laws in the policy areas where the member states have authorised it to do so, via the EU treaties. This is known as the principle of conferral. Treaties are negotiated and agreed upon by all the EU Member States and ratified by their parliaments, sometimes following a referendum.
In certain areas, the EU alone is able to pass laws. The role of member countries is limited to applying the law, unless the EU authorises them to adopt certain laws themselves. In these areas, the EU has what the treaties call exclusive competences.
In certain areas, both the EU and member countries are able to pass laws. But member countries can do so only if the EU has not already proposed laws or has decided that it will not. In these areas, the EU has what the treaties call shared competences.
In certain areas, the EU can only support, coordinate or complement the action of member countries. It has no power to pass laws and may not interfere with member countries' ability to do so. In these areas, the EU has what the treaties call supporting competences.
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The EU has exclusive, shared, supporting, and special competences
The European Union can only act in areas where its member countries have authorised it to do so via the EU treaties. The EU has exclusive, shared, supporting, and special competences.
Exclusive Competence
Exclusive competence means that only the EU can act and enact legislation in these areas. The EU alone is able to legislate and adopt binding acts. Member states can only implement these acts if they are given the power to do so by the EU. Examples of exclusive competence include monetary policy, the common commercial policy, the Customs Union, the conservation of marine biological resources, and competition rules.
Shared Competence
Shared competence means that both the EU and its member states can adopt legally binding acts in the area concerned. However, member states can only act if the EU has not already exercised its competence or has explicitly decided not to. In these cases, the EU's role is limited to supporting, coordinating, or complementing the actions of its member states. It cannot pass laws or interfere with the member states' ability to do so. Public health is an example of an area of shared competence.
Supporting Competence
In areas of supporting competence, the EU can only intervene to support, coordinate, or complement the actions of its member states. It does not have the power to pass laws or require the harmonisation of member states' laws or regulations. The EU can take measures to ensure that member states coordinate their economic, social, and employment policies at the EU level.
Special Competence
Special competence enables the EU to play a particular role or go beyond what is normally allowed under the treaties. The EU can propose and adopt legal acts through special legislative procedures, which differ according to the matter concerned. However, it is important to note that the European Commission does not have the power to propose legal acts in all policy areas, such as common foreign and security policy.
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The EU Commission ensures laws are correctly implemented
The European Commission proposes and implements laws that are in line with the objectives of the EU treaties. It encourages input from businesses and citizens in the law-making process and ensures laws are correctly implemented, evaluated, and updated when necessary. The EU can only act in areas where its member countries have authorised it to do so via the EU treaties. The treaties specify who can pass laws in what areas: the EU, national governments, or both.
The Commission's REFIT programme helps simplify existing EU laws and make them less costly to apply. As part of its better regulation agenda, anyone can provide feedback on plans for evaluations and fitness checks and take part in public consultations on ongoing evaluations. Citizens, businesses, civil society, public authorities, or any other stakeholder can have their say in the EU's law-making process. This is referred to as better regulation. Based on evidence and the views of citizens and stakeholders, the Commission proposes new laws.
Once an EU law is passed, the Council of the European Union or the European Parliament can authorise the Commission to adopt two types of non-legislative acts to ensure that laws are implemented properly (implementing acts) or updated if necessary to reflect developments in a particular sector (delegated acts). The Commission supports the implementation of EU laws by providing online information, organising expert group meetings, and drafting implementation strategies and guidance documents.
The Commission is responsible for monitoring whether EU laws are applied correctly and on time. In this role, the Commission is referred to as the 'guardian of the treaties'. The Commission will take steps if an EU country does not fully incorporate a directive into its national law by the set deadline or has not applied EU law correctly. If national authorities fail to implement EU laws, the Commission may initiate infringement proceedings against the country in question.
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The EU Commission can launch infringement procedures
The European Commission proposes and implements laws that are in keeping with the objectives of the EU treaties. It encourages input from businesses and citizens in the law-making process and ensures laws are correctly implemented, evaluated, and updated when needed. The EU can only act in those areas where its member countries have authorised it to do so via the EU treaties.
The EU treaties specify who can pass laws in what areas: the EU, national governments, or both. The EU alone is able to pass laws in certain areas, where the role of member countries is limited to applying the law. In these cases, the EU has exclusive competences. In other areas, the EU and member countries are both able to pass laws, but member countries can only do so if the EU has not already proposed laws or decided that it will not. Here, the EU has shared competences.
The Commission may take legal action—an infringement procedure—against an EU country that fails to implement EU law. The Commission may refer the issue to the Court of Justice, which can impose financial sanctions. The infringement procedure starts with a letter of formal notice, by which the Commission allows the Member State to present its views regarding the breach observed. If no reply to the letter of formal notice is received, or if the observations presented by the Member State are not considered satisfactory, the Commission will move to the next stage of the infringement procedure, which is the reasoned opinion. If necessary, the Commission will then refer the case to the Court of Justice.
The Commission publishes an annual report reviewing key aspects of the application of EU law and presenting infringement cases by policy area and country.
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Frequently asked questions
The EU treaties specify who can pass laws in what areas: the EU, national governments or both.
There are three principles: 1) Conferral – the EU has only that authority conferred upon it by the EU treaties, which have been ratified by all member countries, 2) Proportionality – the EU action cannot exceed what is necessary to achieve the objectives of the treaties, and 3) Subsidiarity – in areas where either the EU or national governments can act, the EU may intervene only if it can act more effectively.
The European Commission proposes and implements laws which are in keeping with the objectives of the EU treaties. It encourages input from business and citizens in the law-making process and ensures laws are correctly implemented, evaluated and updated when needed.
Once an EU law is passed, the Council of the European Union or European Parliament can authorise the Commission to adopt two types of non-legislative acts to ensure that laws are implemented properly (implementing acts) or updated if necessary to reflect developments in a particular sector (delegated acts).
The Commission is responsible for monitoring whether EU laws are applied correctly and on time in all EU member countries. In this role, the Commission is referred to as the 'guardian of the treaties'. The Commission will take steps if an EU country does not fully incorporate a directive into its national law by the set deadline or has not applied EU law correctly.
