Legislative powers 

The European Parliament plays an essential role in EU decision-making as a co-legislator together with the Council.

The vast majority of European laws are adopted jointly by the Parliament and the Council, following a proposal by the European Commission. The procedure is known as the ordinary legislative procedure or co-decision.

In some cases, the European treaties provide for special legislative procedures, such as consultation and consent, where Parliament does not stand on an equal footing with the Council as in the ordinary legislative procedure.

Parliament’s work on a legislative text starts when it receives a proposal from the Commission, which is the institution that initiates legislation. The proposal is referred to a committee and a Member of the European Parliament is assigned to draw up a report. This Member is known as a rapporteur. When the legislation tackles broad issues, co-rapporteurs from different committees may be appointed. 

After debates between representatives of political groups and consultations in search of compromise, the parliamentary committee votes on the draft report and, possibly, amends it. When the text has been revised and adopted in plenary, Parliament has adopted its position. 

The ordinary legislative procedure gives the same law-making powers to the European Parliament and the Council of the European Union on a wide range of areas (for example, economic governance, immigration, energy, transport, the environment and consumer protection).

The procedure was introduced under the term co-decision by the Maastricht Treaty (1992), and was then extended and made more effective by the Amsterdam Treaty (1999).

With the Lisbon Treaty (2009), the renamed ordinary legislative procedure became the main legislative procedure of the EU´s decision-making system.

Under the ordinary legislative procedure, a legislative text may go through up to three readings in Parliament, and can come into effect only if Parliament and the Council reach agreement on the final wording.

In effect, this procedure ensures that the Members of the European Parliament as the directly- elected representatives of Europeans have the power to shape EU rules and direct EU policies in line with the expectations of their voters.

In the beginning, the 1957 Treaty of Rome gave the European Parliament an advisory role in the legislative process: the Commission proposed and the Council adopted legislation.

The introduction of co-decision and the gradual extension of Parliament’s prerogatives with subsequent Treaty changes meant that some of the legislative procedures that were widely used in the past now apply to a limited number of cases.

Under consultation, the European Parliament may approve or reject a legislative proposal, or propose amendments to it.

The Council is not legally obliged to take account of Parliament’s opinion but, in line with the case law of the Court of Justice of the European Union, it must not take a decision without having received it.

This procedure now applies to legislative areas such as internal market exemptions and competition law.

In some cases, the Treaty on European Union or the Treaty on the Functioning of the European Union stipulate that the European Parliament has to give its consent for the completion of a procedure.

That means that Parliament may approve or reject a proposed act, but cannot amend it. If Parliament does not give its consent, the act cannot be adopted by the Council.

Parliament’s consent is required when new legislation on combating discrimination is being adopted.

The same applies when the Council adopts measures in areas where EU competences have not been explicitly granted but are necessary to reaching the objectives set in the European Treaties - this is known as the flexibility clause under Article 352 of the Treaty on the Functioning of the European Union.

The consent procedure, which was formerly known as assent, applies also to some other purposes besides adopting legislation. The Parliament is asked for its consent for international agreements negotiated by the European Union, or agreements concerning the accession to or withdrawal of a country from the EU.

In addition, Parliament has to give its consent for Council decisions under Article 7 of the Treaty on European Union that may determine that an EU country is in risk of a serious breach of EU values or is already in serious and persistent breach of EU values.

When the European Parliament and the Council adopt a legislative act, they can give the Commission powers to adopt non-legislative acts related to that legislative act.

There are two types of non-legislative acts:

• implementing acts - where the Commission aims to create conditions for the uniform implementation of the legislative act in all EU countries
• delegated acts - where the Commission is authorised to supplement or amend some non-essential elements of the legislative act

Implementing acts are presented to committees of experts from EU countries while the Parliament is kept informed during the procedure and retains its right of scrutiny.

Based on a proposal from the responsible parliamentary committee, Parliament may object, stating that the draft implementing measure exceeds the powers laid down in the legislative act concerned or is not consistent with EU law in other respects.

Parliament can ask the Commission to withdraw or amend the measures or submit a new proposal under the appropriate legislative procedure.

Delegated acts are typically used when some elements of the legislative act have to be regularly adapted so that they take into account the technical or scientific progress. In practice, Parliament and Council delegate some of their powers as co-legislators, in order for decisions to be taken quickly and efficiently.

In accordance with the provisions of the legislative act, Parliament or the Council may decide to object to a delegated act within a certain period (generally two months) after receiving notification. If that happens, the delegated act cannot enter into force. 

The European Parliament or the Council can also decide to revoke the delegation of power to the Commission. 

The European Commission has the power to make most of the legislative proposals at the EU level.

However, Article 225 of the Treaty on the Functioning of the European Union gives Parliament the right to invite the Commission to submit a legislative proposal on a given subject.

Under an agreement reached by Parliament and the Commission, the Commission has committed to answering such a request within three months. If the Commission decides not to propose legislation following Parliament’s request, it has to justify its position to Parliament.

Within Parliament, the invitation to propose new legislation can be tabled by the committee responsible for the subject or by one or more MEPs. The committee on budgets may give an opinion on the financial implications of the proposal.

According to Article 17 of the Treaty on European Union, the Commission initiates the EU´s annual and multiannual programming. In view of achieving that goal, the Commission prepares its work programme.

The Parliament cooperates with the Commission in the process of drafting the Commission´s work programme and the Commission should take into account the priorities expressed by Parliament at that stage.

Following adoption of the programme by the Commission, Parliament, the Council and the Commission hold talks and agree on a joint declaration that sets out the EU’s objectives and priorities.

Detailed arrangements for the cooperation between the Parliament and the Commission in relation to the Commission’s work programme are laid down in the Framework Agreement on the relations between the two institutions.