To take a decision (the “decision-making process”)
Four institutions are needed: the European Commission, the European Parliament, the Council of the European Union and the European Council.
Two consultation bodies are involved: The European Committee of the Regions and the European Economic and Social Committee
The European decision-making process
→ The European Council (composed of 27 heads of state and government) gives impulse to the broad guidelines of the European Union and decides on issues not resolved in the Council of Ministers.
→ The European Commission (27 commissioners) proposes the budget and European ‘laws’.
→The EU Council (27 ministers) and the European Parliament (705 MEPs) vote on the budget and the majority of European ‘laws’.
→ The European Parliament can censure the commission, elects its president and approves the European Commissioners.
It is the European Commission, made up of European civil servants, which proposes laws, whereas in France only the Parliament or the Senate have this role. This is one of the particularities of the European Union.
To adopt a decision (“the legislative procedure”)
The legislative procedure is adapted according to the level of competence of the European Union, which are listed in the Treaty on the Functioning of the European Union. Some areas are an exclusive competence of the Union, such as currency. The majority of areas are shared between the Union and the Member States, such as agriculture, transport, etc., and in some areas the Union has supporting powers, such as culture and tourism.
→ The “ordinary” legislative procedure, for shared competences
What are the different legal acts of the European Union?
There are two main types of European legal acts:
Mandatory acts
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What is a Regulation?
It is a legal act of the EU. Proposed by the European Commission, it is adopted by the Council of the EU and the European Parliament.
What is it for?
It ensures that European legislation is applied simultaneously and uniformly in all Member States.
Is it directly applicable?
Yes, the Regulation is directly applicable as soon as it enters into force, unlike the Directive which has to be transposed into the national law of the Member States.
What is its scope?
It is binding in all legislation. -
What is a Directive?
An EU legal act, a directive is proposed by the European Commission, adopted by the EU Council with or without the European Parliament.
What is it used for?
It approximates the laws of the Member States.
How does it apply?
It has to be transposed into national law within a certain period of time to be applied. States must respect the objective of the directive but are free to choose the form and the means to achieve it.
What if a State fails to transpose a directive?
The European Commission can start an infringement procedure and refer the matter to the EU Court of Justice.
What is the difference with the EU Regulation?
The Regulation is directly applicable in the Member States (without transposition). -
This is an act taken by the Council or the European Commission, like the Regulation, which is directly applicable, without transposition into national law, but its scope is not general, it designates specific addressees.
Example: European Commission Decision on the participation of the EU in the activities of organisations fighting terrorism
Non-binding acts
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These acts can be taken by the Commission or the Council, they are not binding, which means that there is no obligation to implement them. They serve as a warning or to show the importance of a subject, or to encourage States to implement joint actions on competences that do not fall within the Union’s remit, such as the Council recommendation of 27 October 2021 on non-essential travel, in order to gradually lift restrictions in a coordinated manner thanks to a list of common criteria.
This recommendation has been progressively updated since 20 May 2020, in particular the list of third countries whose residents should not be subject to restrictions to enter the EU. This has made it possible to put in place common rules at the EU’s borders on a voluntary basis, without the Union interfering in the competences of the States.
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These texts may be issued by the Parliament, the Council, the Commission, the Committee of the Regions or the European Economic and Social Committee. These instruments are non-binding, but they allow specific regional, economic or social points of view to be made known during the legislative procedure.
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The Council of the EU adopts conclusions and resolutions to define political commitments or positions, to ask the Commission to propose legislation, or to adopt a coordinated position…
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The European Commission uses communications to propose new policies, they are usually adopted by the other institutions and bodies before being presented to the Council, reflecting a consensus on the need.
What areas does the EU legislate in?
The European Union (and therefore its institutions) can only act in an area if it has been given competence by the Member States. The Lisbon Treaty, or Treaty on the Functioning of the European Union, lists the competences of the EU:
- Exclusive competences → The EU can act alone.
Example: Currency - Shared competences → The EU can make laws and investments, according to the classic legislative process, shared between the European Parliament and the Council of the EU which represents the Member States.
- Supporting competences → The EU cannot make laws except when the Member States explicitly request it. Examples: tourism, culture, education…
Some examples
→ 2019 Directive which provides for a ban on the use of 10 single-use plastics from 1 January 2021 across the EU.
→ The 1979 Birds Directive and the 1992 Habitats Directive (revised several times) with the creation of protected natural areas called Natura 2000 areas to preserve natural heritage.
→ The 2008 Directive on ambient air quality and cleaner air for Europe, which sets maximum thresholds for the emission of pollutants including fine particles and nitrogen dioxide.
→ The 2008 regulation making it mandatory for many products to be CE marked before they can be sold in the EU. This marking allows the consumer to be assured that the product has been found to comply with EU safety, health and environmental protection requirements. CE marking is mandatory for products manufactured anywhere in the world and marketed in the EU.de et commercialisés dans l’UE.
→ 2011 Directive on healthcare in other EU countries – guaranteeing the right to seek healthcare in another EU country. In France, this has resulted in the introduction of the European Health Insurance Card, which can be requested free of charge on the ameli.fr website, facilitating coverage during your stay in another Member State.