How does the EU pass new laws?

00:05:25
https://www.youtube.com/watch?v=8C0Kq7ioOpk

Summary

TLDRThe video outlines the complex process of how EU laws are created, emphasizing the role of the European Commission, which has the exclusive right to propose new laws. It explains how the European Parliament and the Council can influence this process by requesting proposals. The video also discusses the involvement of EU citizens and national parliaments in law-making, including the principles of subsidiarity and the mechanisms for objections. The legislative process includes drafting, consultation, and review stages, culminating in the approval of laws in the forms of Decisions, Regulations, or Directives.

Takeaways

  • 📝 The European Commission has the exclusive right to propose new laws.
  • 🏛️ The European Parliament and Council can request proposals from the Commission.
  • ✍️ EU citizens can influence law-making by gathering signatures or submitting petitions.
  • ⚖️ National parliaments can object to proposals based on the principle of subsidiarity.
  • 🔄 The legislative process involves drafting, consultation, and review stages.
  • 📜 New EU laws can take the form of Decisions, Regulations, or Directives.

Timeline

  • 00:00:00 - 00:05:25

    The process of creating new EU laws begins with an idea, which must be drafted and proposed officially. The right of initiative lies solely with the European Commission, although the European Parliament and the Council can request the Commission to draft proposals. The Commission is not obligated to comply but must explain its refusal. Other entities, such as a quarter of Member States or certain EU institutions, can also initiate legislation under specific conditions. Citizens can influence law-making by gathering signatures or submitting petitions. Once a proposal is initiated, the Commission consults various stakeholders and drafts the legislation, which is then sent to Parliament, the Council, and national parliaments for review and approval. The legislative process involves multiple stages of amendments and approvals, with checks from national parliaments to ensure compliance with the principle of subsidiarity. If objections arise, the proposal may be reviewed or withdrawn. Ultimately, the proposal can take the form of a Decision, Regulation, or Directive, depending on its nature.

Mind Map

Video Q&A

  • Who has the right to propose new EU laws?

    The right to propose new EU laws officially lies with the European Commission.

  • Can the European Parliament initiate new laws?

    Yes, the European Parliament can request the Commission to draft a proposal for new legislation.

  • What happens if national parliaments object to a proposed law?

    If one third of national parliaments object, the proposal receives a yellow card and must be reviewed.

  • What are the three forms a new EU law can take?

    A new EU law can be a Decision, a Regulation, or a Directive.

  • How can EU citizens influence the creation of new laws?

    EU citizens can gather signatures or submit petitions to the European Parliament.

  • What is the principle of subsidiarity?

    The principle of subsidiarity prevents the EU from unnecessarily infringing on national governments' legislative power.

  • What is the role of the Commission in the legislative process?

    The Commission drafts the proposal and sends it to Parliament, the Council, and national parliaments.

  • What happens if the Council and Parliament cannot agree on a proposal?

    A commission consisting of Members of Parliament and the Council will try to agree on a new version.

  • What is a green or white paper?

    These documents are used to invite or inform other parties of the proposed legislation during the consultation process.

  • What is an orange card in the legislative process?

    An orange card is drawn if more than half of the national parliaments object, requiring a review of the proposal.

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Subtitles
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  • 00:00:00
    EU laws are a popular subject
  • 00:00:02
    of discussion in pubs and cafes
  • 00:00:04
    all over Europe.
  • 00:00:04
    But how do we get
  • 00:00:05
    these laws and who makes them.
  • 00:00:07
    For new EU-laws to come into
  • 00:00:09
    existence someone must first,
  • 00:00:11
    have an idea for a law, make a draft for it
  • 00:00:13
    officially propose it
  • 00:00:14
    and then have it accepted.
  • 00:00:16
    The right to prose a new law, called
  • 00:00:18
    the right of initiative, officially lies solely
  • 00:00:20
    with the Commission. Which means only
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    the Commission may propose new laws.
  • 00:00:24
    The EU wouldn't be itself however, if there weren’t
  • 00:00:26
    some exceptions to this rule, so while
  • 00:00:28
    the Commission has the only official right of initiative,
  • 00:00:30
    others also have ways of putting
  • 00:00:32
    their ideas on the table.
  • 00:00:34
    For example, when the majority of the European Parliament
  • 00:00:36
    feel that common law is required to
  • 00:00:38
    reach certain goals it may ask the
  • 00:00:40
    Commission to draft a proposal for new legislation.
  • 00:00:43
    The Commission does not have to
  • 00:00:44
    honour such a request but it has to give an explanation
  • 00:00:46
    if it chooses to refuse it.
  • 00:00:48
    The Council can also try to initiate
  • 00:00:50
    new laws by asking the Commission
  • 00:00:52
    to explore whether common legislation
  • 00:00:54
    on a subject would be useful.
  • 00:00:56
    If the Commission then finds a good reason for common laws
  • 00:00:59
    it would be very strange for them not to draft a proposal.
  • 00:01:01
    So, although with a bit of detour,
  • 00:01:03
    both Parliament and the Council can cause new
  • 00:01:05
    common legislation to be created
  • 00:01:07
    however it is always the Commission to drafts
  • 00:01:09
    and propose laws.
  • 00:01:11
    and in both cases the Commission can choose not to do so,
  • 00:01:13
    as long as it explains why.
  • 00:01:15
    We won’t go into too much detail,
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    but it is worth mentioning that of course the EU is not as simple as this.
  • 00:01:20
    These ways of initiating new laws are not the only ones.
  • 00:01:24
    The regular legislative procedure can be launched, in some way or another by:
  • 00:01:28
    a quarter of the Member States,
  • 00:01:30
    the Court of Justice of the EU
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    the European Investment Bank, or the European Central Bank.
  • 00:01:34
    These institutions, however, can only do this in certain subjects.
  • 00:01:38
    Last but not least, you may take it into your own hands to create new EU law.
  • 00:01:42
    You can do so directly by gathering signatures
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    of at least one million EU citizens from at least seven Member States.
  • 00:01:49
    Or, even when you’re on your own, you can submit a petition to the European Parliament
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    as is every EU citizen’s right.
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    Or of course, in a more indirect way,
  • 00:01:57
    you can bring it to the attention of the Parliament simply by lobbying with its members.
  • 00:02:00
    Once the initiative for a proposal has been taken,
  • 00:02:03
    the Commission will start the consultation process, meaning the Commission gathers information in all kinds of ways,
  • 00:02:08
    for example by involving experts, international organisations or NGO’s.
  • 00:02:12
    In this process the terms ‘Green or White Paper’ are often mentioned.
  • 00:02:16
    These documents are used to invite or inform other parties of the proposed legislation.
  • 00:02:21
    Once the consultation has ended the College of Commissioners adopts the proposal.
  • 00:02:26
    Now after the Commission drafts a proposal of the new legislation they send it to Parliament, to the Council and to all national parliaments.
  • 00:02:34
    If both the Council and Parliament simply accept the proposal, it is passed
  • 00:02:38
    If Parliament does not fully agree it may amend it.
  • 00:02:40
    The Council then considers the amended version of the proposal
  • 00:02:43
    and can either accept it, passing the proposal,
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    or amend it itself, sending it back to Parliament for a second look.
  • 00:02:50
    Parliament may then accept or again amend it, and send it back to the Council.
  • 00:02:54
    If the two haven’t worked it out by then,
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    a commission consisting of Members of Parliament and the Council agree on a new version,
  • 00:03:01
    if they can’t come together the process ends here.
  • 00:03:04
    If, however, they make a new version
  • 00:03:06
    Yes you guessed it, both Parliament and the Council have a third look
  • 00:03:09
    Here they may only accept or reject and can no longer make any changes,
  • 00:03:13
    this is to make sure the process does not go on forever.
  • 00:03:16
    But what about the third group that go sent the draft?
  • 00:03:18
    If the Coucil and Parliament can pass the proposal on their own,
  • 00:03:21
    then why did the Commission even send it to the national Parliaments?
  • 00:03:24
    While national parliaments do not have to do anything for the process to continue,
  • 00:03:27
    they can do something to stop it.
  • 00:03:29
    If they think the proposed legislation goes against the principle of subsidiarity
  • 00:03:33
    they can object with the two votes each member state has.
  • 00:03:36
    The principle of subsidiarity prevents the EU from unnecessarily infringing the national governments’ legislative power.
  • 00:03:43
    If one third of national parliaments objects,
  • 00:03:46
    the proposal receives a yellow card and it must be reviewed.
  • 00:03:50
    Based on this review the Commission may choose to maintain, amend or withdraw the proposal.
  • 00:03:55
    If maintained or amended the process continues,
  • 00:03:58
    if it chooses to withdraw, the process ends.
  • 00:04:00
    If more than half of the national parliaments object an orange card is drawn
  • 00:04:04
    and a similar process of review is started.
  • 00:04:06
    However in case of the orange card
  • 00:04:08
    the Commission must explain its position if it decides to keep the proposal without change.
  • 00:04:13
    Both Parliament and the Council must then decide whether they agree with the national parliaments, or with the Commission.
  • 00:04:19
    If more than half of either Parliament or the Council agrees with the objecting national parliaments, the proposal is dropped.
  • 00:04:25
    Now, this entire process is not the most straightforward, even in this simplified form.
  • 00:04:30
    So let's go over it once more.
  • 00:04:31
    First a proposal of new legislation is made by
  • 00:04:33
    the Commission itself, the European Parliament, the Council,
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    any EU citizen,
  • 00:04:38
    Or, depending on the subject: A quarter of the Member States,
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    the Court of Justice of the EU, the European Investment Bank, or the European Central Bank.
  • 00:04:46
    Then, the Commission with the help of all kinds of experts drafts a proposal.
  • 00:04:49
    After that the proposal is reviewed by the Council and Parliament
  • 00:04:53
    and is open for objection from national parliaments.
  • 00:04:55
    If the proposal manages to get through the process it is passed and comes into force immediately.
  • 00:05:01
    If that’s not complicated enough, there are three forms a new EU-law can come in:
  • 00:05:05
    a Decision, a Regulation or a Directive.
Tags
  • EU laws
  • European Commission
  • European Parliament
  • Council
  • legislative process
  • subsidiarity
  • EU citizens
  • law proposal
  • consultation
  • Decision Regulation Directive