European Legislation

Concept and Significance of European Legislation

Die European legislation refers to the entire system of legislative procedures, legal acts, and norms through which the European Union (EU) enacts binding rules for its member states and citizens. It forms the central element of European integration and harmonizes key aspects of public and private law within the member states. The focus is on establishing a unified legal framework to achieve the objectives of the EU, particularly the single market, fundamental freedoms, and the protection of human rights and the rule of law.

Legal Bases and Sources of European Legislation

Primary law

Das Primary law represents the highest level within the hierarchy of EU norms. It consists primarily of the founding treaties of the European Union, in particular

• the Treaty on European Union (TEU),
• the Treaty on the Functioning of the European Union (TFEU), as well as
• the Charter of Fundamental Rights of the European Union.

Primary law establishes the institutional structure and competences of the EU and provides the basis and framework for secondary law.

Secondary law

Das Secondary law forms the second normative level and is enacted on the basis of primary law. It comprises the most important European legal acts, including:

• Regulations (Art. 288 TFEU): Generally binding and directly applicable in every member state, without requiring implementation into national law.
• Directives (Art. 288 TFEU): Binding as to the result to be achieved, but require implementation into national law within a set deadline by the member states.
• Decisions (Art. 288 TFEU): Binding in all their parts, but are usually addressed to specific recipients (member states, companies, or individuals).
• Recommendations and opinions: These legal acts are not binding, but often play an important guiding role in political and legal discourse.

Tertiary law and other legal acts

The European institutions may also adopt tertiary law, implementing regulations, delegated acts, and other legal acts to execute more detailed rules and specific measures.

Legislative Institutions and Procedures

Key Institutions of EU Legislation

• European Parliament: Exercises legislative functions and parliamentary control as the directly elected representative body.
• Council of the European Union (Council of Ministers): Composed of the responsible specialist ministers of the member states, often cooperates closely with the European Parliament in legislation.
• European Commission: Holds the right of initiative to introduce legislative proposals and oversees the implementation of EU law.

Ordinary Legislative Procedure

Das ordinary legislative procedure, formerly known as the co-decision procedure (Art. 294 TFEU), is the most important and most frequently used procedure. It provides that the European Parliament and the Council of the European Union jointly decide on legislative proposals from the European Commission. Amendments can be adopted over several readings.

Special legislative procedures

In certain areas (e.g., taxation, foreign policy), primary law provides special procedures for cases in which, for example, the Council decides alone or after consultation with Parliament.

Relationship between EU law and national law

Precedence of Union law

The principle of primacy (priority of application), developed by the European Court of Justice (ECJ), states that Union law takes precedence over the national law of the member states in cases of conflict between norms.

Implementation and Direct Effect

Regulations are directly applicable in member states, while directives require transposition into national law. In some cases, provisions of directives, provided they are sufficiently clear and unconditional, may also have direct effect (direct applicability).

Supervision and Enforcement of European Legislation

Role of the European Court of Justice

Der European Court of Justice (ECJ) is the highest judicial body of the EU. It oversees the uniform interpretation and application of EU law. Its most important instruments of control include:

• Infringement proceedings
• Preliminary ruling procedure
• Actions for annulment

Enforcement mechanisms

The Commission may initiate infringement proceedings against member states that do not implement or misapply EU law. Individuals and companies can directly invoke certain EU legal acts before the national courts of the member states.

Fields and Effects of European Legislation

Material areas

European legislation intervenes in numerous areas of law:

• Single market (free movement of goods, persons, services, and capital)
• Competition law
• Environmental law
• Consumer protection
• Social and labor law
• Data protection (e.g., General Data Protection Regulation)
• Transport, energy, agriculture, and many others

Harmonization and Approximation of laws

The main objective of European legislation lies in harmonization und approximation of national legal systems in areas of cross-border significance. This promotes uniform competitive conditions and strengthens legal certainty within the European single market.

Further Reading and References

For further study, it is recommended to consult the current versions of EU treaties as well as relevant commentaries and monographs on European law, such as those regarding the system of EU legal sources, the function of the European Court of Justice, and individual fields such as competition law or data protection law.

Note: This lexicon article provides an overview of the concept of European legislation and does not claim to be exhaustive with respect to all detailed rules and current developments. Further information can be found in official EU sources and the editions of the Official Journal of the European Union.

Frequently Asked Questions

How does the legislative process function at the European level?

The European legislative process is characterized by the so-called ordinary legislative procedure (previously known as the co-decision procedure), in which the European Commission, the European Parliament, and the Council of the European Union are primarily involved. Firstly, the European Commission acts as the initiator and submits a legislative proposal based on the Treaty on the Functioning of the European Union (TFEU). This proposal is then submitted to both the European Parliament and the Council. In the first reading, both bodies discuss and adopt their respective positions. If consensus is reached, the legal act is adopted. In case of differences, a second reading follows, during which amendments and compromises are negotiated. If an agreement still cannot be reached, a conciliation committee is convened, composed of equal numbers of Council and Parliament members. The outcome of the committee must then be confirmed again by both bodies. Particularly noteworthy is the involvement of national parliaments, which can raise concerns regarding subsidiarity through the early warning system. In addition, hearings and consultations with various interest groups are possible. The procedure ensures a balanced consideration of supranational and intergovernmental interests.

What types of European legal acts exist and how do they differ legally?

Within the framework of European legislation, legally binding and non-binding legal acts are distinguished. Binding legal acts include regulations, directives, and decisions. Regulations are binding in all their parts and directly applicable in each member state without the need for national implementation. Directives, on the other hand, are binding on member states as to the result to be achieved, but leave the choice of form and methods to the respective national legislator; a period for implementation is set for this purpose. If a member state fails to implement or incorrectly implements a directive, an infringement proceeding may be initiated. Decisions are binding in all their parts, but only for the addressee(s) to whom they are addressed, whether individual states or natural or legal persons. Non-binding legal acts include recommendations and opinions, which are politically but not legally binding and serve as instruments of soft law. Overall, these legal acts form the normative framework of the EU and significantly determine its legislative competence.

To what extent are national parliaments involved in the EU legislative process?

National parliaments are particularly involved in the EU legislative process through the so-called subsidiarity control procedure. The European Commission is obliged to forward legislative proposals to all national parliaments so that they can review compliance with the principle of subsidiarity under Art. 5 of the Treaty on European Union. If a parliament issues a so-called “yellow card” (reasoned opinion) within eight weeks because it considers the principle of subsidiarity to have been violated, the Commission must reconsider the draft and address the concerns. If at least one third of the parliaments share this view, a specific review procedure begins. In addition, it is the member states’ responsibility to ensure the implementation and application of EU law in their own country, with national parliaments supervising the government. This institutional involvement of parliaments is intended to alleviate the democratic deficit at the European level and provides for both political and legal feedback.

What role do the European Court of Justice and national courts play in enforcing European law?

The European Court of Justice (ECJ) is the highest judicial body of the EU and ensures the uniform interpretation and application of European law. National courts are obliged, within the scope of their jurisdiction, to apply European law and, in cases of doubt, to refer questions regarding the interpretation of Union law or the validity of legal acts to the ECJ via the preliminary ruling procedure under Art. 267 TFEU. The decision of the ECJ is binding on the national court. In addition, both the Commission and member states can bring actions before the ECJ in cases of suspected infringements by other member states or institutions. The role of national courts in enforcement is particularly relevant, since Union law takes precedence over national law and must therefore be given priority in case of conflict. This principle has been established by numerous ECJ judgments, such as Costa/ENEL or Simmenthal.

What is the significance of the principle of direct applicability and the primacy of EU law?

The principle of direct applicability (direct effect) means that certain provisions of EU law, in particular those from regulations as well as sufficiently clear, precise, and unconditional provisions from directives, can confer immediate rights and obligations on individuals. These can be directly invoked by individuals before national courts without further implementation into national law being necessary. In addition, the principle of primacy ensures that, in the event of a conflict between rules, Union law always takes precedence over conflicting national law, meaning that national provisions are declared inapplicable. This guarantees consistent and effective enforcement of European legislation within the member states. Both principles have been developed primarily through the case law of the ECJ and are considered fundamental pillars of the European legal architecture.

How does an infringement procedure work and what consequences can it have for member states?

The infringement procedure serves to ensure the proper application and implementation of EU law in the member states. If the European Commission finds that a member state is not fulfilling its obligations under the treaties – for example, by failing to implement a directive or incorrectly applying regulations – it initiates the procedure under Art. 258 TFEU. This begins with a letter of formal notice, followed by a reasoned opinion. If the member state fails to comply with the objections, the Commission may refer the case to the ECJ. If the court finds that an infringement has occurred, the member state must remedy the breach without delay. In case of repetition, the ECJ can, at the request of the Commission and pursuant to Art. 260 TFEU, impose penalty payments. The procedure thus serves to enforce, harmonize, and ensure the effectiveness of the European legal system.