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How Is EU Law Made? From Proposal to Official Journal
Behind every EU regulation or directive lies a political and legal journey. This module walks you through the ordinary legislative procedure and shows how law‑making has evolved in response to new challenges, from migration to digital markets.
1. Big Picture: From Idea to EU Law
From Idea to Official Journal
EU laws follow a clear path from an idea to publication in the Official Journal of the European Union (OJ), the EU's official record of laws.
Ordinary Legislative Procedure
Most major EU laws now use the ordinary legislative procedure. Here, the Commission, European Parliament, and Council of the EU all play central roles.
What This Module Will Do
We will walk through the ordinary legislative procedure, compare it to special procedures, explain delegated and implementing acts, and look at recent examples like the Pact on Migration and Asylum and the EU AI Act.
2. Step Zero: Where Do Ideas for EU Laws Come From?
Agenda-Setting
Before a proposal exists, there is a policy idea. This "agenda-setting" phase decides which problems the EU should regulate.
Who Starts Ideas?
The Commission leads, because it has the right of legislative initiative. The European Council, Parliament, citizens (via European Citizens' Initiative), and sometimes Member States can push it to act.
Commission Preparation
The Commission uses impact assessments, public consultations, and expert input to understand the problem and possible solutions before drafting a law.
Example: EU AI Act
Before the AI Act proposal in 2021, the Commission asked stakeholders and studied AI's effects on safety, innovation, and fundamental rights.
3. Step 1: The Commission Proposal
Commission Adopts a Proposal
The formal process starts when the European Commission adopts a legislative proposal, usually a draft regulation, directive, or decision.
What the Proposal Contains
It includes the draft legal text, an explanatory memorandum explaining the aims and legal basis, and often an impact assessment.
Inside the Commission
A lead Commissioner and departments draft the text. The College of Commissioners then agrees and adopts it.
Sent to Parliament and Council
After adoption, the proposal is sent to the European Parliament and the Council of the EU. It is still only a proposal and has no legal force.
Example: Pact on Migration and Asylum
In September 2020, the Commission presented a package of proposals on asylum procedures, databases, and responsibility for asylum claims.
4. Step 2: Parliament and Council in the Ordinary Legislative Procedure
Co-Legislators
In the ordinary legislative procedure, the European Parliament and the Council of the EU must both agree on the same legal text.
Who They Represent
Parliament represents citizens (MEPs), while the Council represents Member States (national ministers).
Readings and Negotiations
The procedure can have up to three readings and a conciliation phase, but many laws are agreed earlier in informal trilogues.
Commission's Role
The Commission joins discussions and can adjust or even withdraw its proposal, though that is rare and politically sensitive.
Example: EU AI Act
The AI Act went through this procedure: Parliament and Council formed positions and then negotiated a compromise, adopted in 2024.
5. First Reading: What Actually Happens?
Parliament's First Reading
A lead committee studies the proposal, a rapporteur drafts a report, MEPs amend it, and the full Parliament votes on its first-reading position.
Council's First Reading
National officials and ambassadors prepare a position. Ministers in the relevant Council formation then adopt the Council's first-reading position.
Possible Outcomes
If Council accepts Parliament's position, the act is adopted at first reading. If not, Council's changed text goes back to Parliament for a second reading.
Example: AI Act
For the AI Act, Parliament and Council each formed detailed first-reading positions, which later guided trilogue negotiations on banned and high-risk AI uses.
6. Second Reading, Conciliation, and Adoption
Parliament's Second Reading Choices
Parliament can approve Council's position, reject it (killing the act), or propose amendments that go back to Council.
Council's Second Reading
Council can accept Parliament's amendments and adopt the act, or disagree, which leads to a conciliation committee.
Conciliation Committee
MEPs and Council representatives, with the Commission, try to agree on a joint text that both institutions must then approve.
Failure or Success
If either Parliament or Council rejects the conciliation text, the act fails. If both approve, the act is adopted.
7. Interactive: Follow a Law to the Official Journal
Use this thought exercise to connect the steps.
Imagine you are tracking a new EU digital markets law (similar to the Digital Markets Act, which entered into force in 2022) from proposal to the Official Journal.
Work through these questions step by step:
- Agenda-setting
- Which EU body has the formal power to make the legislative proposal?
- Which other actors might have pushed it to act (for example, Parliament, European Council, citizens)?
- Commission proposal
- What kind of act is likely here: a regulation (directly applicable) or a directive (needs national implementation)? Why might the Commission choose one over the other for digital markets?
- Parliament's role
- Which Parliament committee do you think would lead on digital markets (hint: internal market and consumer protection)?
- What is the name of the MEP who leads the file in Parliament, and what does this person do?
- Council's role
- Which ministers (policy area) meet in the Council to discuss digital markets?
- Why might some Member States want stricter rules than others?
- Negotiations
- At what stage might trilogues start?
- Why do Parliament and Council often prefer to reach a deal in trilogues rather than risk conciliation?
- Adoption and publication
- Once Parliament and Council agree on a common text, which institution formally signs the act?
- Where is the final text published, and in how many languages?
Pause and write down short answers in your own words. Then compare them with the summary in the next step.
8. From Adoption to the Official Journal (Using Recent Laws)
Legal-Linguistic Check
After agreement, experts review the text in all languages to fix inconsistencies while keeping the political deal unchanged.
Signature
The final act is signed by the Presidents of the European Parliament and the Council, confirming joint adoption.
Publication in the OJ
The act is published in the Official Journal of the European Union, usually in the L series, in all official languages.
Entry into Force and Application
The act states when it enters into force and when its rules apply. Regulations apply directly; directives need national transposition.
Example: EU AI Act
Adopted in 2024, the AI Act was published in the OJ with staggered application dates, giving time to adapt to bans and high-risk rules.
Example: Pact on Migration and Asylum
The Pact is a package of regulations, each published separately in the OJ with its own timeline after agreement in 2024.
9. Special Legislative Procedures vs Ordinary Procedure
Special vs Ordinary
In special legislative procedures, Parliament and Council do not share equal power, unlike in the ordinary legislative procedure.
Consultation Procedure
Council adopts the law after consulting Parliament, which gives a non-binding opinion and cannot block the act.
Consent Procedure
Parliament can approve or reject but not amend. It is used for major steps like EU enlargement and some international agreements.
Trend Since Lisbon
Since the Lisbon Treaty (2009), the ordinary procedure is the default for most internal policies, giving Parliament a stronger role.
Remaining Sensitive Areas
Taxation and parts of foreign and security policy still rely more on special procedures and often require unanimity in Council.
10. Delegated Acts and Implementing Acts: Filling in the Details
Framework Laws
Many EU laws set general rules and leave detailed updates to be made later by delegated and implementing acts.
Delegated Acts
Under Article 290 TFEU, the Commission can adopt non-essential rules that supplement or amend a law. Parliament and Council can object or revoke.
Implementing Acts
Under Article 291 TFEU, the Commission (or Council) adopts acts to ensure uniform implementation, overseen by Member State experts in comitology committees.
Example: AI Act
The AI Act uses delegated acts to update lists of high-risk AI systems, so the law can keep pace with technological change.
Example: Migration Databases
Implementing acts can define technical details for asylum and border databases, such as data formats and standard forms.
Why It Matters
These tools let the EU react quickly but require strong oversight to protect democratic control and legal certainty.
11. Quick Check: Can You Follow the Journey?
Test your understanding of how EU law is made, from proposal to the Official Journal.
Which statement best describes the ordinary legislative procedure today?
- The Commission proposes laws and adopts them alone after consulting the Court of Justice.
- The European Parliament and the Council must agree on the same text proposed by the Commission, often after several readings and negotiations.
- The Council adopts laws by unanimity, and the European Parliament is only informed after adoption.
Show Answer
Answer: B) The European Parliament and the Council must agree on the same text proposed by the Commission, often after several readings and negotiations.
In the ordinary legislative procedure, the Commission proposes, but the **European Parliament and the Council are co-legislators**. They must agree on the same text, sometimes after first and second readings and conciliation. The other options describe older or special procedures, not the ordinary one.
12. Flashcards: Key Terms Review
Use these cards to review the main concepts from this module.
- Ordinary legislative procedure
- The main EU law-making process where the European Parliament and the Council of the EU jointly adopt legislation based on a proposal from the Commission. Both must agree on the same text.
- Special legislative procedure
- Any EU law-making process where Parliament and Council do not have equal power. Examples include consultation (Parliament gives an opinion) and consent (Parliament approves or rejects without amending).
- Delegated act
- A non-essential rule adopted by the Commission under a delegation from the legislator (Article 290 TFEU) to supplement or amend certain elements of a basic act. Parliament and Council can object or revoke.
- Implementing act
- An act adopted by the Commission (or sometimes Council) to ensure uniform implementation of EU law in Member States, under Article 291 TFEU, usually overseen by comitology committees.
- Official Journal of the European Union (OJ)
- The EU's official publication where laws and other official acts are published in all official languages. Only acts published in the OJ are legally authentic.
- Rapporteur
- A Member of the European Parliament (MEP) appointed by a committee to lead work on a legislative file, draft reports, and negotiate with Council and the Commission.
- Trilogue
- An informal negotiation meeting between representatives of the European Parliament, the Council, and the Commission to reach a compromise text during the legislative procedure.
- Pact on Migration and Asylum
- A package of EU laws on migration and asylum, proposed by the Commission in 2020 and largely adopted in 2024, using the ordinary legislative procedure to reform EU rules on asylum, borders, and responsibility-sharing.
- EU AI Act
- A horizontal EU regulation on artificial intelligence, proposed in 2021 and adopted in 2024, which uses a risk-based approach to regulate AI systems and relies on delegated and implementing acts for technical updates.
Key Terms
- Trilogue
- An informal negotiation between Parliament, Council, and Commission representatives aiming to reach a compromise on a legislative proposal.
- EU AI Act
- A comprehensive EU regulation on artificial intelligence, proposed in 2021 and adopted in 2024, creating a risk-based framework for AI systems in the EU market.
- Comitology
- The system of committees of Member State representatives that assist the Commission in adopting implementing acts.
- Rapporteur
- An MEP responsible for steering a legislative file in the European Parliament, drafting reports and amendments, and negotiating with the Council and Commission.
- Delegated act
- A legal act adopted by the Commission under Article 290 TFEU to supplement or amend non-essential elements of a basic legislative act, under the control of Parliament and Council.
- Implementing act
- A legal act adopted by the Commission (or Council) under Article 291 TFEU to ensure uniform conditions for implementing EU law in Member States.
- Pact on Migration and Asylum
- A set of EU legislative measures reforming migration and asylum rules, proposed in 2020 and largely adopted in 2024, including new regulations on asylum procedures and responsibility-sharing.
- Special legislative procedure
- Any EU law-making procedure where Parliament and Council do not share equal power, such as consultation or consent.
- Ordinary legislative procedure
- The main process for adopting EU laws in which the European Parliament and the Council of the EU jointly adopt legislation based on a Commission proposal, with equal roles.
- Official Journal of the European Union (OJ)
- The official publication where EU laws and other acts are published in all official languages; only texts in the OJ are legally authentic.