Cameron Miranda
The process of creating laws in the EU involves several institutions, including the European Parliament, the Council of the European Union, the European Commission, and, sometimes, the European Council. The Commission is the only institution that can put forward draft laws, which it does independently or in response to a Citizen's Initiative. The Parliament and the Council then review and vote on the proposal, which becomes law if they agree on a joint text. In some cases, the Council can adopt laws without the Parliament, either by obtaining its consent or through consultation. The ordinary legislative procedure is the most common way laws are made in the EU, but other procedures, like the consultation procedure and consent procedure, are also used. The Court of Justice interprets EU law and ensures its proper application across member states.
| Characteristics | Values |
|---|---|
| Number of member states | 27 |
| Who creates laws | The European Parliament, the Council of the European Union, the European Commission, and sometimes the European Council |
| Who can put forward draft laws | The Commission is the only EU institution that can put forward draft laws |
| Who can amend draft proposals | The European Parliament and the Council of the European Union |
| Who can vote on whether proposals should become laws | The European Parliament and the Council of the European Union |
| Who ensures laws are implemented | National governments and the European Commission |
| Who ensures laws are applied correctly and on time | The European Commission |
| Who interprets EU law | The Court of Justice of the European Union |
| Who can propose legislation | Citizens, through Citizens' Panels and petitions |
| Who can adopt legal acts | The Commission, the Council, and the Parliament |
| Who can overrule objections | The Council, by unanimous decision |
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What You'll Learn
The European Parliament
The ordinary legislative procedure is the most common way for the EU to create laws. Under this procedure, the European Commission is the only institution authorised to propose draft laws. The Commission gathers input from various sources, including businesses, citizens, civil society, and public authorities, to develop legislative proposals that defend the interests of the Union and its citizens. Once a proposal is drafted, it is submitted to the European Parliament and the Council of the European Union for review.
The Parliament and the Council then work together to amend the proposal. They can propose changes and negotiate with the Commission to reach an agreement on a complete set of amendments. This process ensures that the final text reflects the input of all parties involved.
After the Parliament and the Council agree on a joint text, it is adopted into law and published in the EU's Official Journal. At this stage, the law becomes applicable throughout the EU. However, depending on the type of law, it may need to be implemented into the national legislation of each member state.
In certain cases, the Council of the European Union can adopt laws without the direct involvement of the Parliament. This can occur through the consent procedure, where the Council obtains the Parliament's consent, or through the consultation procedure, where the Council considers the Parliament's opinion but is not obligated to follow it. Nonetheless, the Parliament still plays a crucial role in these processes by providing its approval or input, respectively.
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The Council of the European Union
- Consent: The Council can adopt a law after obtaining the consent of the Parliament, which cannot propose amendments but can only accept or reject the proposal.
- Consultation: The Council can adopt a law after obtaining the opinion of the Parliament. However, the Council does not need to take such an opinion into account.
The Council can also adopt legal acts proposed by the Commission without requiring the opinion of Parliament. This procedure is used when setting the common external tariff and for negotiating trade agreements under the EU's Common Commercial Policy.
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The European Commission
The Commission's 'better regulation' agenda allows individuals, businesses, stakeholders, national authorities, and other organisations to contribute to EU policymaking. The Commission may seek input through public consultations (questionnaires), calls for evidence, and the Citizens' Engagement Platform. The Commission also gathers input through implementation dialogues with industry, SMEs, social partners, regional and local authorities, and through fitness checks of EU laws. National parliaments can formally express their reservations or issue an opinion if they believe an issue should be dealt with at the national level.
Before proposing new initiatives, the Commission assesses the potential economic, social, and environmental impact by preparing an 'impact assessment' report. This report considers the input of non-governmental organisations, national authorities, industry, and expert groups. The results of the impact assessment help inform the Commission's decision. The Commission then presents its proposal, which is reviewed by the Parliament and the Council, who can propose amendments. The three institutions meet to agree on a complete set of amendments. If they cannot agree on a common final text, a second reading takes place.
The Commission can also adopt legal acts on its own initiative concerning monopolies and concessions granted to companies by member states, and concerning the right of workers to remain in a member state after employment.
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The Court of Justice
The role of the CJEU is to interpret EU law to ensure it is applied uniformly across all EU countries. It also settles legal disputes between national governments and EU institutions. The CJEU gives rulings on cases brought before it, with the most common type being the interpretation of 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 unsure about the interpretation or validity of an EU law, it can ask the Court for clarification.
The CJEU also allows individuals, companies, or organisations to take action against an EU institution if they feel their rights have been infringed. Additionally, the Court can rule on applications for annulment or actions for failure to act brought by a member state or an institution. It can take action against member states for failing to fulfil their obligations under EU law.
The commencement of proceedings before the Court of Justice is preceded by a preliminary procedure conducted by the commission, which gives the member state an opportunity to respond to the complaints. If the member state does not comply, an action for breach of Union law may be brought before the Court. If the Court finds that an obligation has not been fulfilled, the member state must rectify the situation immediately. If the member state still does not comply, the Court may impose a financial penalty.
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Citizen's role in law-making
The process of creating laws in the EU involves a variety of legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (elected jointly by the Council and Parliament), and sometimes the European Council (composed of heads of state).
The European Commission proposes and implements EU laws, ensuring they are correctly implemented, evaluated, and updated when necessary. The Commission encourages input from citizens in the law-making process. When preparing proposals for EU laws, the Commission applies the principles and requirements of better regulation, aiming to ensure that EU policymaking is based on evidence, considers the impact on stakeholders, avoids unnecessary burdens, and involves citizens, businesses, and stakeholders in the decision-making process through public consultations.
Citizens can provide feedback on Commission initiatives through the Have Your Say portal and share their views on upcoming Commission initiatives and public consultations. They can also register their petitions with the European Parliament on EU-related policies that affect them. Citizens' Panels bring together randomly selected citizens from all 27 Member States to discuss upcoming proposals at the European level and make recommendations for the Commission to consider when defining policies and initiatives. The Citizen's Engagement Platform is a forum for engaging and debating EU policies.
Citizens can also help initiate new proposals and influence policy-making by launching a citizens' initiative calling on the European Commission to propose new EU legislation on a particular issue. This was demonstrated in two recent initiatives concerning the closing of animal farms and the labelling of food.
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Frequently asked questions
The European Parliament, the Council of the European Union, and the European Commission work together to create laws. The Commission is the only EU institution that can put forward draft laws.
The 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 European Parliament amends draft proposals and votes on whether these proposals should become EU law. The Parliament can accept or reject a law without changing it.
The Council of the European Union represents the governments of all EU countries. In certain cases, the Council can adopt EU laws on its own, without the Parliament.
Citizens can request a new law with the European Citizens' Initiative. They can also share their views on EU laws and policies, debate Europe's future, and find funding for their EU projects.
