The Bridge
The Legislative
Process
How an idea becomes EU law — from Commission proposal to Official Journal publication. Understanding this process is the single most tested topic in the AD5 exam.
The Institutional Triangle
Proposes
European Commission
Sole right of legislative initiative. Drafts proposals and can withdraw them at any stage.
Co-decides
European Parliament
720 MEPs directly elected. Amends and adopts legislation on equal footing with the Council.
Co-decides
Council of the EU
Ministers of member state governments. Adopts legislation by QMV in most cases.
The Trilogue Shortcut
In practice, over 85% of legislation is agreed through informal trilogues — direct negotiations between EP, Council, and Commission representatives — without going through all formal readings. This speeds up the process but reduces public transparency.
Ordinary Legislative Procedure
Step-by-Step
The OLP (formerly "co-decision") applies to the vast majority of EU legislation. Select a phase to explore.
Commission Proposal
The Commission holds the monopoly on legislative initiative. It drafts and submits a legislative proposal (regulation, directive, or decision) to both the Parliament and the Council simultaneously. Proposals are developed with stakeholder consultation and impact assessments.
Interactive Diagram
The Ordinary Legislative Procedure
Click any node to see what happens at that stage.
Initiation
1st Reading
2nd Reading
Conciliation
3rd Reading
European Commission
Commission Proposal
The Commission holds the exclusive right of legislative initiative. It submits a proposal simultaneously to the Parliament and the Council after stakeholder consultation and an impact assessment.
Possible outcomes
The Trilogue Shortcut
In practice, over 85% of OLP legislation is agreed informally via trilogues — direct negotiations between EP, Council, and Commission representatives — before the formal readings even conclude. This makes "1st reading adoption" the norm, not the exception.
Other Legislative Procedures
Consent Procedure
When Used
International agreements, EU enlargement, certain constitutional matters
How It Works
Parliament votes yes or no — cannot amend. Council must have Parliament's consent to proceed. Gives Parliament significant leverage despite having no amendment power.
Example
Trade agreements (e.g., CETA), EU accession treaties
Consultation Procedure
When Used
Taxation, competition rules, certain AFSJ matters
How It Works
Council must consult Parliament but is NOT bound by its opinion. Council adopts the act alone. The EP's opinion is advisory only.
Example
VAT rate changes, State aid rules
Special Legislative Procedure (SLP)
When Used
Varies by Treaty article — used for sensitive areas
How It Works
Either Parliament or Council acts alone, with the other merely consulted or giving consent. Defined case-by-case in the Treaty.
Example
Annual EU budget (Parliament consents), Own resources decision (Council acts, states ratify)
EU Legal Instruments
| Instrument | Binding? | Transposition? | Addresses | Notes |
|---|---|---|---|---|
| Regulation | Yes | Not needed | Everyone | Directly applicable in all member states. No national law needed. Used for maximum harmonisation. |
| Directive | Yes | Required | Member states (as to result) | Binding on the result to achieve, but member states choose form and methods. Must be transposed into national law by a deadline. |
| Decision | Yes | Not needed | Specific addressees | Binding in its entirety on those it is addressed to (a member state, a company, or an individual). |
| Recommendation | No | Not needed | Voluntary | Non-binding. Expresses a view or suggests a course of action without creating legal obligations. |
| Opinion | No | Not needed | Voluntary | Non-binding statement of position from an EU institution. No legal effect. |
Quick-Fire Q&A
AD5 Exam Tip
What the Exam Tests
- →Commission has the monopoly on legislative initiative — Parliament and Council can request but not propose.
- →OLP = co-decision between Parliament and Council. Most EU legislation uses the OLP.
- →A Regulation is directly applicable; a Directive requires national transposition.
- →Trilogues are informal but dominate in practice — 85%+ of laws agreed at first reading.
- →Conciliation is rare (third reading) — only triggered if both readings fail to reach agreement.
- →Know when unanimity applies: taxation, CFSP, treaty revision, EU membership.
- →The Commission can withdraw a proposal at any point during the procedure.