When EU laws are made, three of the EU institutions are usually involved: the European Commission, the Council of the European Union and the European Parliament. The voters in Sweden and the other member states exert an influence on the process through their governments and through their elected representatives in the European Parliament. The national parliaments of the EU member states take a position on whether decisions on draft legislation should be taken at EU level or by the EU member states themselves at the national level.
According to the ordinary legislative procedure, decisions on new legislation are taken jointly by the Council and the Parliament.
The legislative process in the EU has a clear division of roles. The European Commission presents legislative proposals which are considered by both the European Parliament and the Council of the European Union. The legislative proposals are also dealt with at home in the EU member states.
In the majority of cases, it is the European Commission that proposes new legislation at EU level. The legislative proposals are sent to two other EU institutions: the European Parliament and the Council of the European Union. Their task is to review the legislative texts and take a decision as to whether the proposals should become EU laws.
What is described here is the most common way laws are adopted in the EU, usually referred to as the ordinary legislative procedure. There are also other types of EU rules that are not laws. All these are known collectively as legal instruments.
Before an EU law can come into force, the Parliament and the Council must agree on any possible amendments to the legislative texts. The Commission can choose to withdraw a legislative proposal if it is not satisfied with the amendments made by the Parliament and the Council.
The citizens of Sweden and the other member states exert an influence over the legislative process at EU level through the European Parliament and the Council of the European Union. In the Parliament, they do this by means of the elected representatives from the member states and in the Council by means of ministers from the governments of the member states.
Before the Parliament and the Council decide on new EU legislation, the Swedish Parliament and the other parliaments of the EU member states have an important task. They examine whether decisions on new laws in a certain area should be taken at EU level or in each individual country. Under EU rules, decisions on legislation should be taken at EU level only if the objectives of the proposal can best be achieved in this way. This examination is known as a subsidiarity check and can result in the European Commission having to revise a legislative proposal.
The Riksdag scrutinises EU legislation
If the Commission submits a proposal for new legislation, the Parliament and the Council shall in most cases take a joint decision on the proposal. First, however, preparations are made at home in the member states. As far as Sweden is concerned, this means that the Government takes a position on the legislative proposal and how it would affect Sweden. In the Government, this work is led by the minister responsible for the subject area in question. If the legislative proposal concerns a new environmental law, the Minister for the Environment is responsible. The Government submits explanatory memorandums on important legislative proposals or other documents to the Riksdag. The explanatory memorandums contain information on the background to the matter in question and on the Government’s view both on the question of subsidiarity and on the specific issues at stake.
Sweden in the EU on the Government Offices website
The Government is accountable to the Riksdag, including for its handling of EU matters. The Government is therefore obliged to inform the Riksdag of developments in cooperation between the EU member states, and must also consult the Riksdag in advance regarding Sweden's position on various matters. The Government does this in various ways by means of deliberations with the Riksdag committees, consultation with the Committee on EU Affairs and, for example, by debating and answering questions in the Chamber.
Ministers from the Government are often called to the Riksdag committees for deliberations. During deliberations, the Government presents its standpoint on an EU matter, and the members of the committee have the opportunity to present their opinions on what stand they consider the Government should take in the EU. Deliberations also make it possible for the Government to find out whether its positions have support in the Riksdag.
When the Government has reached a conclusion as to what position it wishes to pursue in negotiations with the other member states in the Council, it must have its position approved by the Riksdag. It does this in different ways: in deliberations with the committees, in the Chamber of the Riksdag or with the Committee on EU Affairs. The Committee on EU Affairs is made up of members from all the parties in the Riksdag. The minister responsible for the subject to be discussed comes to the Committee on EU Affairs for a consultation prior to his or her meeting in the Council of the European Union.
When a proposal for a new EU law is submitted to the European Parliament, it is examined by one of the Parliament's committees. The committee’s examination of the proposal results in a committee report which is then debated in the Chamber. The members of the European Parliament then vote on the legislative proposal in the committee report. It is either approved as it is, or the European Parliament makes amendments to the legislative texts.
More on the European Parliament
Following consideration in the European Parliament, it is the turn of the Council of the European Union to take a position on the proposal. The minister who represents Sweden puts forward the position for which the Swedish Government has been given support by the Riksdag Committee on EU Affairs. If the Council has the same opinion as the Parliament, the proposed legislation is adopted. The Council may also choose to make amendments to the Parliament’s proposal. If this is the case, the matter is sent back to the European Parliament.
More on the Council of the European Union
The Parliament and the Council have the right to consider a legislative proposal three times. If the two institutions are not in agreement following a second consideration (“reading”), a conciliation committee has six weeks to arrive at a compromise.
If there is still not full agreement, there is the possibility for a third consideration. If no solution is found, the legislative proposal cannot be adopted.
The European Commission can also withdraw its legislative proposal if it is not satisfied with the amendments made by the Parliament and the Council.
In addition to the formal steps of the consideration procedure, there are also informal tripartite talks, known as trilogues, between the two legislators and the Commission. The purpose of these informal negotiations is to find compromises and make the legislative process more efficient.
Once the Council and the Parliament have agreed on a new EU law, Sweden and the other member states will introduce the law. Sometimes, the Riksdag needs to make amendments to Swedish laws so that they correspond with the new laws that have been decided at EU level.
Legislators at EU level have to take into account how decisions influence regions and the labour market. This is done in the European Committee of the Regions and the European Economic and Social Committee (EESC). The members of the Committee of the Regions are locally or regionally elected politicians. They comment on all proposals for EU legislation that are important for regional and local authorities. The EESC consists of representatives of employers, employees and other stakeholder organisations. They may for example voice an opinion on EU proposals dealing with companies and constitutional matters. Each of the committees has 329 members, 12 of whom are from Sweden.
For individuals and organisations who wish to try to influence EU decisions, there are several ways of submitting viewpoints in the decision-making process from the time when an idea is born until it becomes a finished law. You can submit proposals to the European Commission, participate in the Commission’s public consultations, contact the Government, participate in the Government's special EU consultations, contact members of the Riksdag and contact members of the European Parliament.
When the Council and the Parliament are to vote and take decisions on legislative proposals from the Commission, they must follow different decision-making rules. The European Council also has rules for how decisions on EU priorities and guidelines are to be taken.
Decisions can be taken in slightly different ways in the Council of the European Union, the European Parliament and the European Council. Central concepts are decisions by qualified majority, simple majority, unanimity and consensus. The ways in which the EU institutions may take decisions are laid down in the EU treaties, that is the rules determining how the EU should work.
The Council of the European Union, which consists of a minister from the government of each EU member state, usually takes decisions by qualified majority. This means that at least 55 per cent of the EU member states must have voted for the proposal, that is at least 15 of 27 countries. These countries must also together cover at least 65 per cent of the population of the EU.
If 24 countries vote yes, there is a qualified majority even if the population threshold of 65 per cent has not been reached. In other words, at least four countries which together make up 35 per cent of the EU’s population are required in order to form what is termed a “blocking minority” and stop a decision by qualified majority in the Council. If both alternatives in a vote receive an equal number of votes, the matter is referred back to the committee which reworks the matter before a new vote can be held.
For most matters in the Council, unanimity is required to enable a decision to be taken. This means that a single country can block a proposal by voting no. This is the case for example for decisions on taxes and on contributions to the EU budget. This is also a general rule for the common foreign and security policy. In some cases, the Council can also decide by simple majority, that is a majority of its members. This is the case for example for decisions on the Council’s own activities.
The Council of the European Union
When the Parliament takes decisions, it is usually done by means of a vote among the MEPs in the Chamber. The Parliament takes decisions with the support of a majority of those who participate in the vote, provided nothing else is stated in the EU treaties, in other words the rules determining how the EU works. In some cases, more stringent rules are required for decision-making.
When the 27 heads of state and government in the European Council take decisions on the EU’s priorities and guidelines, they do so when everyone is agreed on the decision. This is known as reaching decisions through consensus. In certain special cases, the European Council can also take decisions, provided a qualified or simple majority of the group are in favour of the decision.
