Have you ever wondered how European Union laws are actually made? With 27 member states and nearly 450 million citizens, the EU needs a robust system for creating legislation that represents everyone. The ordinary legislative procedure is the primary method used to pass EU laws, covering everything from environmental protection to digital privacy regulations. Understanding this process helps you grasp how decisions affecting your daily life are made at the European level.
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What Is the Ordinary Legislative Procedure
The ordinary legislative procedure is the main decision-making process used by the European Union to adopt new laws. It involves both the European Parliament and the Council of the EU working together as co-legislators to review, amend, and approve legislative proposals. This procedure applies to the vast majority of EU legislation, making it the standard method for EU lawmaking.
This procedure was introduced by the Maastricht Treaty in 1992 and has been strengthened through subsequent treaty revisions, particularly the Lisbon Treaty in 2009. Before these changes, the procedure was known as the “codecision procedure,” but it evolved to give the European Parliament equal legislative power with the Council of the EU.
The term “ordinary” simply indicates that this is the default procedure. When EU treaties specify that a policy area falls under the ordinary legislative procedure, it means the full democratic process applies. This distinguishes it from “special legislative procedures” where only one institution has the final say.
How Does the Ordinary Legislative Procedure Work
The ordinary legislative procedure follows a structured, step-by-step approach designed to ensure thorough debate and compromise between EU institutions. While many laws are adopted quickly at the first reading stage, complex legislation may go through multiple readings before agreement is reached.
Step 1: The European Commission Proposes Legislation
All EU laws begin with a proposal from the European Commission. The Commission acts as the EU’s executive branch and has the exclusive right to initiate legislation. When drafting proposals, the Commission consults stakeholders, conducts impact assessments, and considers requests from the European Parliament, member states, or citizens through the European Citizens’ Initiative.
Step 2: First Reading in Parliament and Council
Once the Commission submits a proposal, both the European Parliament and the Council of the EU examine it simultaneously. The Parliament assigns the proposal to the relevant committee, which appoints a rapporteur to lead the analysis. MEPs debate the proposal, propose amendments, and vote on their position.
Meanwhile, the Council of the EU, representing member state governments, develops its own position through working groups and COREPER meetings. If both institutions approve the proposal in identical form at this stage, the legislation is adopted. This happens for approximately 80% of EU laws.
Step 3: Second Reading if Positions Differ
If the Council does not approve the Parliament’s amendments, or adopts a different position, the proposal moves to a second reading. The Parliament has three months to review the Council’s position and can approve it, reject it, or propose further amendments. If the Parliament rejects the Council’s position by an absolute majority, the proposal fails.
If the Parliament adopts amendments, the proposal returns to the Council for consideration. The Council then has three months to approve these amendments by a qualified majority. If the Council approves, the legislation is adopted. If not, the process continues to conciliation.
Step 4: Conciliation Committee for Disputed Proposals
When Parliament and Council cannot agree after two readings, a Conciliation Committee is formed. This committee consists of 28 members: 14 MEPs representing the Parliament and 14 Council members representing member states. They have six weeks to negotiate a compromise text acceptable to both sides.
If the committee reaches agreement, the compromise text goes back to both institutions for a third reading. Both must approve the text for it to become law. If the committee fails to agree, or if either institution rejects the compromise, the proposal is abandoned.
Step 5: Final Adoption and Publication
Once both institutions approve identical text, the legislation is formally adopted. The Presidents of Parliament and the Council sign the act, and it is published in the Official Journal of the European Union. Most EU laws enter into force 20 days after publication, though some specify different timeframes.
The Role of the European Parliament
The European Parliament has evolved from a purely advisory body to a genuine co-legislator with equal power to the Council of the EU. This transformation reflects the EU’s commitment to democratic legitimacy, as MEPs are directly elected by EU citizens every five years.
In the ordinary legislative procedure, Parliament examines Commission proposals through specialized committees covering policy areas from agriculture to civil liberties. MEPs can propose amendments, block legislation they oppose, and negotiate directly with the Council to reach compromise agreements through informal “trilogue” meetings.
Parliament votes in plenary sessions held monthly in Strasbourg and additional sessions in Brussels. Most legislation requires a simple majority to pass, though some matters require an absolute majority of all MEPs.
The Role of the Council of the EU
The Council of the EU represents the governments of member states, ensuring that national interests are considered in EU legislation. Each member state sends ministers appropriate to the policy area being discussed. For example, agriculture ministers meet for farming legislation while transport ministers handle mobility issues.
Council decisions on most legislative matters use qualified majority voting. This means a proposal needs 55% of member states representing at least 65% of the EU population to pass. This system balances representation between large and small member states while preventing single countries from blocking decisions.
The Council negotiates with Parliament through the presidency, which rotates among member states every six months. Council representatives participate in trilogue meetings and Conciliation Committees when needed to reach legislative agreements.
Examples of Laws Passed Through This Procedure
The ordinary legislative procedure has produced some of the EU’s most important and impactful legislation. The General Data Protection Regulation (GDPR), which transformed how companies handle personal data worldwide, was adopted through this process. Environmental legislation like the European Green Deal and climate targets follows this procedure.
Consumer protection laws, including directives on product safety and consumer rights, also use the ordinary legislative procedure. The Digital Services Act and Digital Markets Act, designed to regulate tech giants, were adopted through this democratic process.
Other areas covered include free movement of goods and people, common agricultural policy, transport, energy, and justice and home affairs. Any legislation affecting these policy areas must go through the full ordinary legislative procedure.
Frequently Asked Questions
How long does the ordinary legislative procedure take
The timeline varies significantly depending on complexity. Simple proposals may be adopted within months at first reading. Complex legislation like GDPR can take two to four years. The Lisbon Treaty introduced time limits: first reading should conclude within one year, second reading within three months, and conciliation within six weeks. However, these deadlines can be extended by mutual agreement.
What is the difference between ordinary and special legislative procedures
The ordinary legislative procedure requires agreement from both the European Parliament and the Council of the EU, giving them equal power. Special legislative procedures give primary decision-making authority to just one institution. For example, some areas require only Council approval with Parliament merely consulted. The ordinary procedure is used for the majority of EU legislation, while special procedures apply to specific sensitive areas like taxation or foreign policy.
Can the European Commission override Parliament and Council
No, the Commission cannot override the co-legislators. The Commission has the exclusive right to propose legislation, but once a proposal is submitted, Parliament and Council have equal power to amend, reject, or approve it. The Commission can withdraw a proposal at any stage, which effectively kills the legislation. It can also propose amended versions, but cannot force adoption against the will of both institutions.
How can citizens influence EU legislation
EU citizens have several ways to influence legislation. First, voting in European Parliament elections determines which political groups shape EU laws. Second, the European Citizens’ Initiative allows one million citizens from at least seven member states to request new legislation from the Commission. Third, citizens can contact their MEPs, participate in public consultations, and engage through civil society organizations. Many legislative proposals also undergo public feedback periods before adoption.
What happens if Parliament and Council disagree
If Parliament and Council cannot agree after two readings, a Conciliation Committee is formed with 28 members from both institutions. They negotiate a compromise text that both sides must then approve. If the committee cannot agree, or if either institution rejects the compromise, the legislation fails. In practice, the vast majority of disagreements are resolved through informal negotiations before reaching conciliation, with less than 10% of laws requiring the full conciliation procedure.
Conclusion
The ordinary legislative procedure represents the EU’s commitment to democratic, representative lawmaking. By requiring both directly elected MEPs and national government ministers to agree on legislation, the process ensures that EU laws reflect both European and national perspectives. Understanding what the ordinary legislative procedure is and how it works empowers you to follow EU policy developments and engage with the democratic processes that shape your rights and responsibilities as an EU citizen.
As the EU continues to address challenges from climate change to digital transformation, this legislative procedure remains the foundation of European democracy. Staying informed about how your representatives participate in this process is essential for active citizenship in the European Union.