How a European law is created
After looking at why European laws matter so much in our daily lives, let’s take a closer look at how a law is actually drafted and how the different institutions work together. The main actors in the legislative process are the European Commission, the European Parliament, and the Council of the European Union (also called the Council, not to be confused with the Council of Europe, which is an international human rights organization based in Strasbourg). They are supported by two consultative bodies we mentioned before: the European Economic and Social Committee and the Committee of the Regions, which bring in the perspectives of civil society and the regions.
The ordinary legislative procedure in a nutshell
As mentioned earlier, the ordinary legislative procedure is the heart of EU law-making and the route through which the vast majority of European rules are adopted. It starts with the European Commission, which proposes a law based on the EU’s objectives and the needs identified during consultations with member states, civil society, and stakeholders.
The proposal is then sent to the European Parliament and the Council of the EU, known as co-legislators, officially starting the legislative process. Both examine the proposal in parallel and create their own positions, discussing and modifying the Commission’s draft.
In practice, the Parliament, made up of Members of the European Parliament (MEPs) elected by citizens, discusses, amends, and approves its own text. At the same time, the Council, made up of national governments, discusses, modifies, and approves its version.
So, at this stage, we have three versions of the text: the Commission’s initial draft, the Parliament’s version reflecting the citizens’ interests, and the Council’s version representing national governments’ position. If the Parliament and the Council agree on the same text, the law is adopted immediately, ending the first reading. If they don’t agree, the process moves to a second reading, where each institution reviews the other’s amendments and decides whether to accept or reject them. If a compromise is still not reached, a conciliation committee steps in to negotiate a common text, which is then submitted to a third reading, where it can finally be approved.
Not all laws need to go through all three readings. Often, an agreement is reached already in the first or second reading, depending on the complexity of the text, the interests involved, and the institutions’ ability to find a common solution.
The trilogue
Back in the 1990s, with EU legislation becoming more complex, approval times getting longer, and frequent deadlocks, representatives from the three institutions started meeting informally to discuss their positions. Over time, this practice became established and, while not formally mentioned in the Treaties, it has become an essential tool to facilitate dialogue and speed up decision-making. This informal negotiation is called the trilogue.
Typically, during the first or second reading, representatives from the Commission, Parliament, and Council meet informally to discuss their positions. Thanks to trilogues, many laws are adopted without needing the conciliation phase or a third reading, which speeds up final approval.
How many laws get approved?
During the 9th legislature (2019–2024), the European Commission proposed 466 draft laws. Of those, 401 were adopted, so over five years, the whole procedure we’ve just described was completed 401 times!
