Lecture Notes

Legislative Process in the European Union

Key Points

• Only the European Commission can propose directives or legally binding regulations.
  • Member states or the European Parliament do not have the power to propose these.
• Proposals are often in response to views and recommendations from across Europe.
• Since 2012, European citizens can request new draft laws if at least 1 million people from seven countries sign a petition.
• Draft bills are reviewed by the European Council and the European Parliament.
  • European Council represents member states.
  • European Parliament represents citizens.
  • Ordinary Legislative Procedure: Both bodies have equal power in 80% of cases.

Areas of Legislation

• EU can legislate on:
  • Environment
  • Agriculture
  • Consumer protection
  • Transport
• Member states have veto power over laws related to:
  • Social Security
  • Tax
  • Foreign Affairs
  • Defense

Legislative Process

1. European Commission presents the draft bill (12-18 months).
2. Bill is sent to European Council and European Parliament for review and amendments.
3. Two scenarios:

• Compromise is reached, and the bill is adopted after a vote.
• No agreement, leading to further negotiations.
  • If no agreement within the deadline, the bill is discarded and process restarts.

Implementation

• Member states must apply the new European law once adopted.
• Possible derogation may allow delayed implementation.
• If a state fails to implement the law:
  • European Commission intervenes as guardian of EU treaties.
  • If failure persists, the European Court of Justice enforces penalties, including heavy fines.