In most areas, EU laws are proposed by the European Commission and adopted jointly by the European Parliament, elected by citizens, and the Council of the EU, made up of national ministers. Neither can adopt a law without the other.
Most EU laws are made through the ordinary legislative procedure, set out in Articles 289 and 294 of the Treaty on the Functioning of the European Union. Before the Treaty of Lisbon it was called “codecision”, and it now applies to 85 legal bases, from the single market to the environment and transport.
The procedure has three main actors. The European Commission drafts a proposal and sends it to Parliament and the Council. In most cases only the Commission can start the process, although Parliament, the Council and a European citizens’ initiative can ask it to act. The European Parliament adopts its position by a simple majority and can amend the text. The Council of the EU, where each national government is represented by a minister, adopts its position by qualified majority: at least 55% of member states (in practice 15 of the 27) representing at least 65% of the EU population. If the two positions differ, the text goes back and forth, up to a conciliation committee. If they still cannot agree, the law is not adopted.
EU laws come in two main forms. A regulation applies directly in every member state as soon as it enters into force. A directive sets a goal that every member state must reach, but each country chooses how, by passing its own national law within a deadline.
Example
Since 15 June 2017, people with an EU mobile plan pay no extra charges for calls, texts and data when travelling in another EU country (“roam like at home”). The current rules are set by Regulation (EU) 2022/612, adopted by Parliament and the Council in April 2022, which extended the system until 2032. Because it is a regulation, it applies in the same way in all 27 countries without national laws.
Debates and limits
Not every decision follows this procedure. In some sensitive areas, such as the EU’s long-term budget or the system of EU revenue, the Council must decide unanimously, giving every government a veto, and Parliament only gives or refuses its consent or opinion. Some argue that unanimity protects national interests; others argue that it lets a single country block decisions supported by all the others. Many negotiations also take place in informal meetings between Parliament, Council and Commission negotiators, which critics say are hard for the public to follow.