Cecily Zamora
The laws of the European Union (EU) are founded on treaties that are approved democratically by its members. The EU can only pass laws in policy areas where member states have authorised it to do so via these treaties. The European Commission proposes and implements EU laws and ensures they are correctly implemented, evaluated, and updated when needed. The two most common forms of EU legal acts are regulations and directives. Regulations are binding legislative acts that must be applied in their entirety across the EU, while directives are legislative acts that set out a goal that EU countries must achieve, leaving them to devise their own laws on how to reach these goals.
| Characteristics | Values |
|---|---|
| Basis of EU laws | Treaties that are approved democratically by its members |
| Who can pass laws | The EU, national governments or both |
| Who proposes laws | The European Commission |
| Who amends and votes on laws | The European Parliament and the Council of Ministers |
| Who implements laws | National governments and the European Commission |
| Who monitors laws | The European Commission |
| Types of legislative acts | Regulations, directives, decisions, recommendations, and opinions |
| Types of non-legislative acts | Implementing acts and delegated acts |
| Areas of focus | Regulation of the "social market economy" |
| Extent of influence | Varies across member states; estimated between 13% and 60% |
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What You'll Learn
Treaties as primary law
Treaties are the starting point for EU law and are thus 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. Treaties are negotiated and agreed upon by all EU member states and ratified by their parliaments, sometimes following a referendum. Over time, 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.
The European Commission proposes and implements EU laws and ensures they are correctly implemented, evaluated, and updated when needed. The Commission is responsible for planning, preparing, and proposing new European laws. It has the right to do this on its own initiative, and the laws it proposes must defend the interests of the Union and its citizens as a whole. The Commission submits a legislative proposal to the European Parliament and the Council of the European Union, who must agree on the text for it to become EU law. 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.
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). Treaties between the EU and non-EU countries, as well as those between EU member states, are also considered primary legislation.
The founding treaties of the EU include the Treaty of Paris, the Treaty of Rome (which evolved into the Treaty of the Functioning of the European Union), and the Treaty of Maastricht (also called the Treaty on European Union). Other treaties include the Lisbon Treaty, the Treaty of Nice, the Treaty of Amsterdam, the Single European Act, and the Treaty Establishing the European Economic Community.
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Legislative acts
The EU can only pass laws in policy areas where 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 EU member states and ratified by their parliaments, sometimes following a referendum. The body of law that arises from the principles and objectives of the treaties is known as secondary law, which includes legislative and non-legislative acts.
There are currently five types of legislative acts: regulations, directives, decisions, recommendations, and opinions. Regulations are binding legislative acts that must be applied in their entirety across the EU. Directives are legislative acts that set out a goal that EU countries must achieve, but individual countries decide on the laws to reach these goals. Decisions are binding on those to whom they are addressed. Recommendations and opinions are the other two types of legislative acts.
The two most common forms of EU legal acts are regulations and directives. Both are legally binding and applicable to all EU countries. The European Commission proposes and implements EU laws and ensures they are correctly implemented, evaluated, and updated. The Commission proposes new laws based on evidence and the views of citizens and stakeholders. The Commission submits a legislative proposal to the European Parliament and the Council of the European Union, who must agree on the text for it to become EU law.
The European Parliament and the Council of Ministers can amend draft proposals and vote on whether these proposals should become EU law. National governments and the European Commission are then responsible for implementing these laws. 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: implementing acts and delegated acts. Implementing acts ensure that laws are implemented properly, while delegated acts update laws if necessary to reflect developments in a particular sector.
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Non-legislative acts
The European Commission is responsible for proposing and implementing EU laws, as well as ensuring that they are correctly implemented, evaluated, and updated when necessary. The Commission proposes new laws based on evidence and the views of citizens and stakeholders. The two most common forms of EU legal acts are regulations and directives, both of which are legally binding and applicable to all EU countries. Regulations are binding legislative acts that must be applied in their entirety across the EU. Directives are legislative acts that set out a goal that EU countries must achieve, but individual countries have the freedom to devise their own laws to reach these goals.
Once an EU law is passed, the Council of the European Union or the European Parliament can authorise the Commission to adopt non-legislative acts to ensure the proper implementation (implementing acts) or update them to reflect developments in a specific sector (delegated acts). Non-legislative acts are detailed technical administrative decisions, such as updating scientific registers of chemicals and food additives, and extending the protection period for measures. These acts are made to ensure that EU laws are correctly applied and to maintain the consistency of laws across all member states.
The Commission, also known as the "guardian of the treaties", is responsible for monitoring the timely and accurate application of EU laws. This includes taking steps if an EU country fails to incorporate a directive into its national law or does not correctly apply EU law. The Commission's role in proposing and implementing EU laws is essential to defending the interests of the Union and its citizens.
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Regulations, directives, decisions
The European Commission proposes and implements EU laws, ensuring they are correctly implemented, evaluated, and updated when necessary. The Commission proposes new laws based on evidence and the views of citizens and stakeholders. The two most common forms of EU legal acts are regulations and directives, with decisions being the third most common. All three types are legally binding.
A "regulation" is a binding legislative act that must be applied in its entirety across the EU. For example, in 2022, the EU's regulation on ending roaming charges expired, and the Parliament and Council adopted a new regulation to improve clarity and ensure a common approach for another ten years.
A "directive" is a legislative act that sets out a goal that EU countries must achieve, but individual countries must devise their own laws on how to reach these goals. For instance, the EU single-use plastics directive aims to reduce the environmental impact of specific single-use plastics, and countries can choose to reduce or ban items such as plastic plates, straws, and cups to achieve this.
A "decision" is binding on those to whom it is addressed. The EU can only pass laws in policy areas where member states have authorised it to do so via treaties. These treaties are binding agreements between EU countries, setting out objectives, rules for institutions, decision-making processes, and the relationship between the EU and its members.
The ordinary legislative procedure for most EU acts involves three readings, starting with a Commission proposal. The Parliament must vote by a majority of all MEPs to block or suggest changes, and the Council must approve changes by a qualified majority vote, but unanimity is required to block amendments. If disagreements occur, a "Conciliation Committee" is formed to work towards a joint text.
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EU law interpretation
The European Union (EU) law-making process is founded on treaties approved by its members. The EU can only pass laws in policy areas where member states have authorised it to do so via these treaties, which outline EU objectives, institutional rules, decision-making processes, and the relationship between the EU and its members. This principle is known as conferral. Treaties are negotiated and agreed upon by all EU member states and ratified by their parliaments, sometimes through referendums.
The European Commission is responsible for proposing and implementing EU laws, ensuring their correct interpretation, evaluation, and timely updates. The Commission bases its legislative proposals on evidence and the views of citizens and stakeholders, submitting them to the European Parliament and the Council of the European Union, which must agree on the text for it to become law. This process, outlined in TFEU article 294, is known as the "ordinary legislative procedure".
The European Parliament and the Council of Ministers can amend and vote on draft proposals. National governments and the European Commission are then responsible for implementing the laws that are passed. The two most common forms of EU legal acts are regulations and directives, both of which are legally binding across all EU countries. Regulations are binding legislative acts that must be applied in their entirety across the EU, while directives set out goals that EU countries must achieve through their own national laws.
The interpretation of EU law can be complex, and when there is uncertainty, member state courts can refer questions to the Court of Justice for a "preliminary ruling" on the proper interpretation, as outlined in TFEU article 267. This ensures a consistent interpretation of EU law across the member states.
The impact of EU laws on member states varies, and it can be challenging to calculate the exact influence. While some claim that a significant portion of member states' laws originate from the EU, others argue that many EU regulations do not require new legislation and can be implemented through administrative rule changes. The interpretation and implementation of EU laws are crucial aspects of ensuring compliance and achieving the intended objectives of the legislation.
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Frequently asked questions
The EU treaties are the starting point for EU law. These are binding agreements between EU countries that set out objectives, rules for institutions, decision-making processes, and the relationship between the EU and its members. The EU can only pass laws in policy areas where member states have authorised it to do so via these treaties.
The European Commission proposes and implements EU laws. It submits legislative proposals to the European Parliament and the Council of the European Union, who must agree on the text for it to become EU law. The Parliament and the Council can amend the draft proposals and vote on whether they should become law. Once a law is passed, the Council or Parliament can authorise the Commission to adopt implementing or delegated acts to ensure proper implementation or to update the law.
The two most common forms of EU legal acts are regulations and directives. Regulations are binding legislative acts that must be applied in their entirety across the EU. Directives are legislative acts that set out goals that EU countries must achieve, but individual countries decide on the laws to reach these goals. Other types of legal acts include decisions, recommendations, and opinions.
The influence of EU law on member states' laws varies. According to some sources, about 62% of laws introduced in the UK between 1993 and 2014 that apply in the UK implemented EU obligations. However, this figure includes non-legislative EU regulations that may not be recognised as laws by some. Most EU regulations do not require new UK laws and can be implemented by changing administrative rules.
