European Union Legislative Procedure

European Union Legislative Procedure

The legislature of the European Union is principally composed of the European Parliament and the Council of the European Union. Competencies in scrutinising and amending legislation are usually divided equally between the two, while the power to initiate laws is held by the European Commission. National parliaments also have a minor delaying power.

Normally legislative proposals need to be approved by both the Parliament and the Council to become law. The relative power of a particular institution in the legislative process depends on the legislative procedure used, which in turn depends on the policy area to which the proposed legislation is concerned. In most areas, they participate equally in the making of EU law, in some the system is dominated by the Council. Which areas are subject to which procedure is laid down in the treaties of the European Union.

The power to amend the Treaties of the European Union, sometimes referred to as the Union's primary law, or even as its de facto constitution, is reserved to the member states and must be ratified by them in accordance with their respective constitutional requirements. An exception to this are so-called passerelle clauses in which the legislative procedure used for a certain policy area can be changed without formally amending the treaties.