The process of how a bill becomes a law in the European Union is a complex one, involving multiple institutions and procedures. The European Union adopts legislation through a variety of legislative procedures, with the specific procedure depending on the policy area in question.
The ordinary legislative procedure, previously known as the codecision procedure, is the main process through which directives and regulations are adopted. This procedure involves the following steps:
1. The European Commission submits a legislative proposal to the Council of the European Union and the European Parliament.
2. The Council and the Parliament adopt a legislative proposal, either at the first or second reading.
3. If the two institutions cannot reach an agreement after the second reading, a conciliation committee is formed.
4. If the conciliation committee agrees on a joint text, it is forwarded to the Parliament and the Council for a third reading and potential approval.
5. If the text is approved by both institutions, the legislative act is adopted and published as a directive, regulation, or decision.
In addition to the ordinary legislative procedure, there are also special legislative procedures for sensitive areas, such as the consultation and consent procedures. The European Commission has the right of initiative to propose new laws, and its role in the legislative process has been increasing over the years. The Council of the European Union represents the elected member-state governments, while the Parliament is elected by European citizens.
What You'll Learn
The Commission's role
The Commission submits a legislative proposal to the Council and the European Parliament. The proposal is adopted by the college of the members of the Commission either by written procedure (i.e., the text is not discussed) or by oral procedure (with a discussion). If a vote is requested, the Commission decides by simple majority.
The Commission can also adopt legislation without the approval of other bodies in limited instances. For example, the Commission can adopt regulatory or technical legislation concerning monopolies and concessions granted to companies by member states and concerning the right of workers to remain in a member state after employment.
The Commission's monopoly on the introduction of legislation and its power to deliver opinions give it substantial influence over the EU's legislative agenda and decision-making process.
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The Council's role
The Council of the European Union, also known as the Council of Ministers or simply the Council, represents the national governments of the member states. The Council is composed of different ministers of the member states, and there will be a different minister at each meeting depending on the topic discussed (e.g. for environmental issues, the member states' environment ministers attend and vote). The minister must have the authority to represent and bind the member states in decisions.
Initiating the Legislative Procedure
The Council can request the Commission to carry out studies and submit any appropriate legislative proposals. The Commission is the only EU institution empowered to initiate EU legal acts and it has a monopoly on introducing legislation into the legislative process. However, the Commission frequently introduces legislation at the behest of the Council or upon the suggestion of Parliament.
The Ordinary Legislative Procedure
The ordinary legislative procedure is the main legislative procedure by which directives and regulations are adopted. It was formerly known as the codecision procedure and is sometimes referred to as the 'community method'.
First Reading
The Commission submits a legislative proposal to the Council and the European Parliament. The Council may use a 'general approach' to give the Parliament an idea of its position on the legislative proposal submitted by the Commission. This political agreement is usually used to speed up the legislative procedure and make it easier to reach an agreement at the first reading between the Parliament and the Council.
Second Reading
If the Council does not approve all of the Parliament's amendments at the second reading, a conciliation committee is convened. The conciliation committee is composed of an equal number of members of the Parliament and Council representatives. It has to agree on a text that would be acceptable to both institutions. If the conciliation committee does not agree on a joint text, the legislative act is not adopted and the procedure is ended.
Third Reading
If the conciliation committee agrees on a joint text, that text is forwarded to the Parliament and the Council for a third reading. The Parliament and the Council must approve the joint text by majority votes for the legislative act to be adopted.
Rejection of Proposal
If a legislative proposal is rejected at any stage of the procedure, or the Parliament and the Council cannot reach a compromise, the proposal is not adopted and the procedure ends. A new procedure can start only with a new proposal from the Commission.
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The Parliament's role
The Parliament's powers have grown considerably since the 1950s as new legislative procedures granted more equality between Parliament and the Council. The Parliament's 705 members are directly elected every five years by universal suffrage.
- Examining the Commission's proposal and introducing amendments to it.
- Approving, rejecting, or proposing amendments to the Council's position at the first reading.
- Approving, rejecting, or proposing amendments to the Council's position at the second reading.
- Approving or rejecting the joint text agreed upon by the conciliation committee at the third reading.
The ordinary legislative procedure is the main legislative procedure by which directives and regulations are adopted in the European Union. It involves the European Commission, the Council of the European Union, and the European Parliament.
The Commission has the sole right to initiate legislation and submit legislative proposals to the Council and Parliament. The Council and Parliament can then adopt the proposal, propose amendments, or reject it. If the Council and Parliament cannot agree, a conciliation committee is formed to help reach a compromise. The procedure ends if a proposal is rejected at any stage or if a compromise cannot be reached.
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The ordinary legislative procedure
The Council and the Parliament must then adopt the legislative proposal, either at the first or second reading. If the two institutions cannot agree after the second reading, a conciliation committee is convened. If the text agreed by the conciliation committee is acceptable to both institutions at the third reading, the legislative act is adopted. If a legislative proposal is rejected at any stage of the procedure, or the Parliament and Council cannot reach a compromise, the proposal is not adopted and the procedure ends.
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The role of national parliaments
The national parliaments of the EU member states play a crucial role in the legislative process, acting as a "virtual third chamber". They have an "early warning mechanism" that allows them to raise an objection – a "yellow card" – if one-third believe that the principle of subsidiarity has been violated. If a majority, or an "orange card", is reached, the Council or Parliament can immediately vote down the proposal. This power has led to the national parliaments being viewed as an extra legislature, without a shared physical location or common debate.
The national parliaments also play a role in the ordinary legislative procedure, which is the main procedure for adopting directives and regulations. The procedure is initiated when the European Commission submits a legislative proposal to the Council and the European Parliament. The Commission is the only institution with the right to initiate EU legal acts. The proposal is also sent to national parliaments, and in some cases, the Committee of the Regions and the Economic and Social Committee, for examination.
The Council and the Parliament can then adopt the proposal at the first or second reading. If the two institutions cannot agree, a conciliation committee is formed. If the committee agrees on a joint text, it is forwarded to the Parliament and the Council for a third reading and potential approval. If the joint text is approved, the act is published as a directive, regulation, or decision of the Parliament and the Council.
The national parliaments also have a role in initiating the ordinary legislative procedure. In specific cases, the procedure can be launched at the request of a quarter of the member states, the European Central Bank, the Court of Justice of the EU, or the European Investment Bank.
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Frequently asked questions
The first step is for the European Commission to submit a proposal to the Council of the European Union and the European Parliament.
If the two institutions cannot reach an agreement after the second reading of a proposal, a conciliation committee is formed. This committee is composed of an equal number of members of the Parliament and Council representatives. The committee must agree on a text that is acceptable to both institutions. If they cannot agree, the proposal is rejected.
The ordinary legislative procedure, formerly known as the codecision procedure, is the main legislative procedure by which directives and regulations are adopted in the European Union.