Gavin Howe
The European Union (EU) has the power to make laws that are applicable to all its member states. The EU treaties, negotiated and agreed upon by all member states, form the basis of EU law-making. The European Parliament, elected by EU citizens, and the Council of Ministers, representing national governments, are responsible for amending and voting on draft proposals to turn them into EU law. The ordinary legislative procedure, which involves the European Parliament and the Council of Ministers, is the most common way for EU laws to be passed. The EU's laws have evolved over time, initially focusing on free movement and trade barriers, but now also addressing the regulation of the social market economy. The EU's legislative process is designed to be transparent, allowing individuals, businesses, and organisations to track the development of proposed laws and provide feedback.
| Characteristics | Values |
|---|---|
| Basis for EU law | Treaties |
| EU law-making authority | EU treaties authorize the EU to pass laws in policy areas where member states have given it the go-ahead |
| Treaty ratification | Ratification by member state parliaments, sometimes via a referendum |
| Treaty amendments | Amendments to welcome new member states, reform EU institutions, and grant the EU new areas of responsibility |
| Types of EU law | Primary law (treaties) and secondary law (legislative and non-legislative acts) |
| Legislative acts | Regulations, directives, decisions, recommendations, and opinions |
| Legislative procedure | Ordinary legislative procedure (formerly co-decision) and special legislative procedure |
| Law interpretation | Court of Justice |
| Law-making institutions | European Parliament, Council of Ministers, and European Commission |
| Law-making process | Commission proposal, Parliament and Council voting, conciliation committee, and publication in the EU Official Journal |
| Law-making participation | Individuals, businesses, stakeholders, national authorities, and other organizations |
| Law examples | General Data Protection Regulation (GDPR) |
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What You'll Learn
Treaties as primary law
Treaties are the starting point for EU law and are referred to as primary law. The EU can only pass laws in policy areas where member states have authorised it to do so via these treaties. This is known as the principle of conferral. Treaties are negotiated and agreed upon by all EU member states and ratified by their parliaments, sometimes following a referendum. Over time, the EU treaties have been amended to welcome new member states, reform EU institutions and give the EU new areas of responsibility.
The body of law that comes from the principles and objectives of the treaties is known as secondary law. These include legislative and non-legislative acts. Legislative acts are decisions adopted following one of the legislative procedures set out in the EU treaties (ordinary or special legislative procedure). Currently, there are five types of legislative acts, including regulations, directives, decisions, recommendations and opinions.
The ordinary legislative procedure, formerly known as the 'co-decision' procedure, is a process where the three main institutions come to an agreement on legislation. The three readings start with a Commission proposal, where the Parliament must vote by a majority of all MEPs (not just those present) to block or suggest changes. The Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendments. If the different institutions cannot agree, a "Conciliation Committee" is convened to represent MEPs, ministers and the commission to get agreement on a joint text. If this works, it is sent back to the Parliament and Council to approve by absolute and qualified majority.
Treaties between the EU and third-party countries or those between member states are also considered primary legislation. Examples include the Treaty on European Union and Treaty on the Functioning of the European Union (Maastricht Treaty, 1992), the Treaty Establishing the European Atomic Energy Commission (EURATOM Treaty, 1957) and the Treaty Establishing the European Coal and Steel Community (ECSC Treaty or Treaty of Paris, 1951). The Lisbon Treaty, signed in 2007, amended the current EC and EU treaties but did not replace them.
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The ordinary legislative procedure
The procedure involves the three main institutions of the EU coming to an agreement on legislation. It starts with a legislative proposal from the Commission, which is normally for a regulation, directive, or decision. The proposal is then examined in parallel by the Parliament and the Council of Ministers (Council) at the first reading. The Parliament acts first, voting by a simple majority, and usually on the basis of a report prepared by one of its committees. The Parliament can amend, adopt without amendments, or reject the proposal altogether. After the Parliament has adopted its position, the Council may decide to accept Parliament's position, in which case the legislative act is adopted, or it may adopt a different position.
If the two institutions do not agree, the proposal can be amended a second time by both parties. If they still cannot reach an agreement, they enter negotiations. If the institutions cannot agree at any stage, a "Conciliation Committee" is convened, representing MEPs, ministers, and the commission to try to get agreement on a joint text. If this works, it will be sent back to the Parliament and Council to approve by absolute and qualified majority. If the Council cannot accept all the amendments adopted by Parliament at the second reading, the conciliation procedure is opened. The third and final stage of the ordinary legislative procedure, known as 'conciliation', has become the exception and is limited to very difficult files. A proposal is adopted into law when the Parliament and Council agree on a joint text, and it is published in the EU’s Official Journal.
Before the Commission proposes new initiatives, it assesses the potential economic, social, and environmental impact by preparing a report called an ‘impact assessment’. The impact assessment includes input from non-governmental organisations, national authorities, industry, and expert groups. Individuals, businesses, and organisations can provide feedback through public consultations (questionnaires).
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The role of the European Parliament
The European Parliament is the EU's law-making body. It is directly elected by EU voters every five years. The Members of the European Parliament (MEPs) are elected to represent people's interests with regard to EU law-making and to ensure other EU institutions are working democratically. The number of MEPs for each country is roughly proportionate to its population, with a minimum of 6 and a maximum of 96.
The Parliament acts as a co-legislator, sharing with the Council the power to adopt, amend and pass laws, and to decide on the EU budget. It also supervises the work of the Commission and other EU bodies, and cooperates with national parliaments of EU countries to get their input. The ordinary legislative procedure gives the same law-making powers to the European Parliament and the Council of the European Union on a wide range of areas, including economic governance, immigration, energy, transport, the environment, and consumer protection.
The procedure was introduced under the term co-decision by the Maastricht Treaty (1992) and was then extended and made more effective by the Amsterdam Treaty (1999). With the Lisbon Treaty (2009), the renamed ordinary legislative procedure became the main legislative procedure of the EU's decision-making system. The ordinary legislative procedure applies for most EU acts. It involves three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs to block or suggest changes, and the Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendments.
The Parliament's work on a legislative text starts when it receives a proposal from the Commission, which is the institution that initiates legislation. The proposal is referred to a committee, and a Member of the European Parliament is assigned to draw up a report. This member is known as a rapporteur. After debates between representatives of political groups and consultations in search of compromise, the parliamentary committee votes on the draft report and may amend it. When the text has been revised and adopted in plenary, Parliament has adopted its position. If the Parliament and the Council agree on the amendments, the proposal can be adopted. If they cannot agree, a conciliation committee is set up to try to find a solution. Both the Parliament and the Council can block the proposal during this final second reading stage. A proposal is adopted into law when the Parliament and Council agree on a joint text and it is published in the EU's Official Journal.
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The role of the Council of Ministers
The Council of the European Union, also known as the Council of Ministers, is one of the seven institutions of the European Union and one of its two legislative bodies. It is the main decision-making body of the EU, alongside the European Parliament.
The Council is made up of government ministers from each EU country. The ministers meet to discuss, amend, and adopt laws, as well as coordinate policies. The Council does not have any fixed members and instead meets in 10 different configurations, each corresponding to the policy area under discussion. For example, the Agriculture and Fisheries Council configuration (AGRIFISH) discusses the production of food and rural development. The Foreign Affairs Council, which deals with foreign policy, has a permanent chairperson—the EU High Representative for Foreign Affairs and Security Policy. All other Council meetings are chaired by the relevant minister of the country holding the rotating EU presidency. The presidency rotates every six months among member states, with three successive presidencies, known as Presidency Trios, sharing common political programmes to ensure continuity.
The Council's legislative role involves amending, approving, or vetoing the proposals of the European Commission, which has the sole right to propose laws. The Council and the Parliament must agree on a joint text for a proposal to be adopted into law. This joint text is then published in the EU Official Journal. The Council also holds the budgetary power of the Union, along with the Parliament, and has greater control over the more intergovernmental areas of the EU, such as foreign policy and macroeconomic coordination.
The Council's decision-making process typically follows the ordinary legislative procedure, where the three main institutions (the Council, the Parliament, and the Commission) come to an agreement on legislation. In most cases, the Council votes by qualified majority to approve changes to proposals, but unanimity is required to block a Commission amendment. In some cases, a simple majority is required for procedural and administrative issues.
The Council of Ministers plays a crucial role in the law-making process of the European Union, representing the interests of the member states' governments and ensuring their agreement on proposed legislation.
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The role of the European Commission
The European Commission is the politically independent executive arm of the EU. It is responsible for drawing up proposals for new European legislation and implementing the decisions of the European Parliament and the Council of the EU. The Commission is the only EU institution that can table laws for adoption by the Parliament and the Council.
The Commission's role in law-making begins with proposing new initiatives. Before doing so, it assesses the potential economic, social, and environmental impact by preparing a report called an 'impact assessment'. This report includes input from non-governmental organisations, national authorities, industry, and expert groups. The Commission also encourages input from businesses and citizens. Once the proposal is made, it is subject to three readings, starting with the Commission proposal. The Parliament must vote by a majority of all MEPs to block or suggest changes, and the Council must vote by a qualified majority to approve changes. If the Parliament and Council agree on the amendments, the proposal can be adopted. If not, a conciliation committee is set up.
The Commission also supports the implementation of EU laws. It is responsible for ensuring that all EU countries properly apply EU law and will take steps if a country does not fully incorporate a directive into its national law by the set deadline. This includes providing online information, organising expert group meetings, and drafting implementation strategies and guidance documents. The Commission is referred to as the 'guardian of the treaties' in this role.
The day-to-day running of the Commission is performed by its staff, including lawyers, economists, and experts, organised into departments known as Directorates-General. Each Directorate-General is responsible for a specific policy area. A candidate for Commission President is put forward by national leaders in the European Council, and they need the support of a majority of members of the European Parliament to be elected. The President defines the policy direction for the Commission, and Commissioners decide on strategic objectives and produce the annual work programme. All Commissioners are equal in the decision-making process and are equally accountable for their decisions.
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Frequently asked questions
The EU can only pass laws in policy areas where member states have authorised it to do so via EU treaties. The three main institutions—the European Parliament, the Council of Ministers, and the Commission—come to an agreement on legislation. The Parliament and the Council amend the draft proposals and vote on whether these proposals should become EU law. The ordinary legislative procedure applies for most EU acts.
The two most common forms of EU legal acts are regulations and directives. Both are legally binding and applicable to all EU countries. An example of an EU law is the General Data Protection Regulation (GDPR).
The Commission's better regulation agenda allows individuals, businesses, stakeholders, national authorities, and other organisations to contribute. Individuals, businesses, and organisations can provide feedback through public consultations (questionnaires) on the Commission's "Have Your Say" portal.
