Anaya Nolan
The European Union's (EU) law-making process involves several institutions, including the European Commission, the European Parliament, and the Council of the European Union. While the EU has expanded its authority over time, it can only act in areas where its member countries have authorised it through the EU treaties. These treaties outline the EU's legislative powers and areas of competence, such as exclusive, shared, supporting, and special competences. The ordinary legislative procedure involves the Parliament and the Council passing laws jointly, with the Commission initiating legislation and the Parliament and Council having amendment and veto powers. The EU's law-making process aims to balance integration and member states' sovereignty, but it faces challenges due to its complexity and the need to respect democratic principles.
| Characteristics | Values |
|---|---|
| Can the EU pass any law it wishes? | No, the EU can only act in areas where its member countries have authorised it to do so via the EU treaties. |
| Who can pass laws? | The EU, national governments, or both, depending on the area. |
| Principles determining how and in what areas the EU may act | Conferral, proportionality, and subsidiarity. |
| Who has the right to propose new laws? | The European Commission has the right to propose new laws, formally called the right of legislative initiative. |
| Who has powers of amendment and veto during the legislative process? | The European Parliament and the Council of the European Union. |
| Who has the final say on foundational constitutional questions affecting democracy and human rights? | Not the Court of Justice, according to all member states. |
| Who has the final say on whether to expressly legislate against EU law? | The Parliament, according to the basic principle in the United Kingdom. |
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What You'll Learn
The European Union's law-making institutions
The European Union does not have a codified constitution, but it has laws that constitute its basic governance structure. The EU's primary constitutional sources are the Treaty on European Union and the Treaty on the Functioning of the European Union, which have been agreed or adhered to by the governments of all 27 member states. The Lisbon Treaty (2007) introduced certain amendments and additions to their competencies. These treaties establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with Directives or Regulations.
The EU's four main institutions, with their distinct functions, work together to set the EU's agenda and initiate and coordinate EU law-making. These institutions are the European Parliament, the Council, the Commission, and the Court of Justice. The European Council, in general, does not make laws. The Commission has a monopoly on initiating legislation, and the European Parliament and the Council of the European Union have powers of amendment and veto during the legislative process. The Council and the Parliament can make amendments and must give their consent for laws to pass. The Parliament, the Council, and the Commission meet to see if they can agree on a complete set of amendments. If the three institutions cannot agree on a common final text, a second reading takes place.
The Court of Justice interprets and upholds EU law. It ensures that EU countries comply with their obligations under the Treaties and interprets EU law at the request of national courts. The Court of Justice has gradually developed a more open approach to standing for human rights, and if there are two or more plausible interpretations of a rule, the one most consistent with human rights should be chosen.
The EU's law-making institutions also cooperate extensively with the network of EU agencies and organisations across the European Union. The Commission's better regulation agenda allows individuals, businesses, stakeholders, national authorities, and other organisations to contribute to EU policymaking through public consultations and the European Citizens' Initiative.
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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 5 years. The Members of the European Parliament (MEPs) are elected by voters in all Member States 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 of the European Union the power to adopt and amend legislative proposals and to decide on the EU budget. The ordinary legislative procedure gives the same law-making powers to the European Parliament and the Council on a wide range of areas, including economic governance, immigration, energy, transport, the environment, and consumer protection. The procedure was introduced by the Maastricht Treaty (1992) and later extended and made more effective by the Amsterdam Treaty (1999). The Lisbon Treaty (2009) then made it the main legislative procedure of the EU's decision-making system.
The European Parliament and the Council of the European Union have powers of amendment and veto during the legislative process. However, the Commission has a monopoly on initiating legislation. The Parliament's work on a legislative text starts when it receives a proposal from the Commission, which is then referred to a committee. A Member of the European Parliament is assigned to draw up a report and is known as a rapporteur. After debates and consultations, 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.
In addition to its legislative role, the European Parliament also has the power to elect the Commission President and approve the Commission as a body. It can also vote on a motion of censure, obliging the Commission to resign, and grant discharge, which involves approving the way EU budgets have been spent. The Parliament also examines citizens' petitions and sets up inquiries, and it discusses monetary policy with the European Central Bank.
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The Council of the European Union
The Council is one of only two EU institutions that are explicitly intergovernmental, with attendees expressing and representing the position of their Member State's executive. The Council meets in 10 different configurations, each corresponding to the policy area being discussed. These configurations include Agriculture and Fisheries Council, Economic and Financial Affairs Council, and Employment, Social Policy, Health and Consumer Affairs Council, among others.
The Council's legislative powers include the ability to amend and approve, or veto, the proposals of the European Commission, which holds the right of initiative. In most areas, the ordinary legislative procedure applies, meaning the Council and Parliament share legislative and budgetary powers equally, and both must agree for a proposal to pass. In a few limited areas, the Council may initiate new EU law itself.
The Council regularly meets in public, and these sessions can be watched live in all EU languages. When a Council meeting is public, so are its minutes and votes. Decisions are made by qualified majority voting in most areas, unanimity in others, or a simple majority for procedural issues.
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The European Commission's right of legislative initiative
The European Commission has the right of legislative initiative, meaning it can propose new EU laws. This is also known as the 'right of initiative'. The Commission has a monopoly on initiating legislation, although the European Parliament and the Council of the European Union have powers of amendment and veto during the legislative process.
The right of initiative is usually given to both the government and individual legislators. However, in the case of the European Union, the right of initiative is restricted to the government. This means that the Commission proposes laws, and the Parliament and Council then adopt them. The Parliament can approve or reject a proposal, or propose amendments to it. The Council is not legally obliged to take the Parliament's opinion into account, but it cannot make a decision without having received it.
The Commission's proposals are prepared transparently, based on evidence, and the views of citizens. The Commission takes account of feedback when developing laws and policies, and it may also seek expertise in a given area. When the expected impacts of a law or policy are likely to be significant, the Commission conducts an impact assessment before making its proposal. This aims to analyse the issue in more detail, whether action should be taken at the EU level, and the potential economic, social, and environmental effects of different solutions.
Citizens also have legislative initiative through the European Citizens' Initiative. This procedure requires at least a million signatures by EU citizens from at least a quarter of EU member states.
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The Court of Justice of the European Union
The CJEU's specific mission is to ensure that "the law is observed" "in the interpretation and application" of the Treaties of the European Union. To achieve this, it reviews the legality of actions taken by the EU's institutions and enforces compliance by member states with their obligations under the Treaties. The CJEU was originally established in 1951 as a single court called the Court of Justice of the European Coal and Steel Communities. With the Euratom and the European Economic Community in 1957, its name changed to the Court of Justice of the European Communities (CJEC). In 1988, the Court requested the Commission to create a Court of First Instance, and in 2004, it added the Civil Service Tribunal, which handles issues of public employment. The Treaty of Lisbon in 2009 renamed the court system to the "Court of Justice of the European Union" and the CJEC to the "Court of Justice".
The CJEU interprets EU law to ensure it is applied the same way in all EU countries and settles legal disputes between national governments and EU institutions. It can also, in certain circumstances, be used by individuals, companies, or organisations to take action against an EU institution if they feel their rights have been infringed. The most common types of cases are interpreting the law (preliminary rulings) – national courts of EU countries are required to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law.
In the Court of Justice, each case is assigned one judge (the "judge-rapporteur") and one advocate general. Cases are processed in two stages. The parties give written statements to the Court, and observations can also be submitted by national authorities, EU institutions, and sometimes private individuals. All of this is summarised by the judge-rapporteur and then discussed at the Court's general meeting, which decides:
- How many judges will deal with the case: 3, 5, or 15 judges (the whole Court), depending on the importance and complexity of the case. Most cases are dealt with by 5 judges, and it is very rare for the entire Court to hear a case.
- Whether a hearing (oral stage) needs to be held and whether an official opinion from the advocate general is necessary.
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Frequently asked questions
No. The European Union can only act in those 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 three principles that determine how and in what areas the EU may act are:
- Conferral: The EU has only that authority conferred upon it by the EU treaties, which have been ratified by all member countries.
- Proportionality: The EU action cannot exceed what is necessary to achieve the objectives of the treaties.
- Subsidiarity: In areas where either the EU or national governments can act, the EU may intervene only if it can act more effectively.
The three branches of the EU that have a say in the legislative process are the Commission, the European Parliament, and the Council of the European Union. The Commission has a monopoly on initiating legislation, while the Parliament and the Council have powers of amendment and veto during the legislative process.
