The European legislative process: why does the EU make laws?
While reading the curiosities we share on this blog, have you ever wondered how laws are actually made at the European level? And more importantly, if, as we often say, Europe is close to its citizens, why and how do decisions made in Brussels affect our daily lives in a tangible way? To answer these questions, we will start by understanding what European laws are for and why there is a shared legislative process among the 27 Member States. Then we will explore the steps that lead to a law being approved, the key players involved, and what each of them actually does.
What are European laws for?
The European Union is a complex system that reflects the interests of both civil society and its Member States. Through discussions and negotiations, policymakers seek common ground to regulate the lives of the EU’s 450 million citizens. It is important to note that European rules go beyond national borders, in the sense that they prevail over national legislation. However, they are not meant to replace national laws, but rather to complement them, creating a complex legal system that ensures fair conditions of coexistence and interaction among Member States. Today, European laws make up about 70% of the legislation governing the internal market. They cover, for example, business competition and consumer protection, product safety standards, and environmental protection.
Types of EU legal acts
At the European level, there are four main types of legal texts. The binding ones are regulations, which must be applied obligatorily by all Member States and apply directly, and directives, which are addressed to the Member States and set objectives to be achieved, leaving each country free to choose the means of implementation through national legislation. Alongside these, there are non-binding texts: opinions, which express the viewpoint of a European institution on a specific issue, and recommendations, which aim to guide the behaviour of Member States without imposing legal obligations.
How EU laws are implemented by Member States
Once a European law is adopted, each Member State must put it into effect within its own national legal system. Regulations apply directly, so they do not need any national law to be enforced. Directives, on the other hand, require each country to transpose them into national legislation, choosing the best way to achieve the objectives set by the EU. This process ensures that EU rules are applied consistently across all Member States, while still allowing some flexibility in how countries implement them.
How are laws adopted?
To make these laws, the EU has created a decision-making process that balances the different interests of Member States and civil society. This process is called the ordinary legislative procedure, which is the main way the EU adopts laws today. Indeed, it covers over 95% of European legislation and applies across more than 85 policy areas.
This means the EU affects many aspects of our daily lives. Its goal is not to replace Member States, but to create complementary rules that allow citizens, goods, and services to move safely, ensure that fundamental democratic rights are protected, and guarantee that the rules shaping our everyday lives are fair, just, and inclusive.
Collaboration at the heart of the process
Only the European Commission has the right to propose a draft law. However, the other institutions, the European Parliament and the Council of the European Union, together with consultative bodies such as the European Economic and Social Committee and the Committee of the Regions, play a crucial role in the legislative process by ensuring balance, representation, and democratic legitimacy.
Each institution contributes according to its role, ensuring that both citizens’ and Member States’ interests are represented. Understanding what European laws are for, and how they are made, gives us a clearer picture of the world we live in and shows us how we can take part in this process. Knowing the institutions, as we have seen, allows us to be active citizens and fully enjoy our rights, while respecting the responsibilities that come with them.
In the upcoming blog posts, we will dive deeper into how a European law is created, which actors are involved and what they do, and we will explore the active role of European citizens, especially through the European Parliament.
