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Decision making in the EU has gone through many changes in the decades following the passage of the Basic Law, however maintains the same goals as ever: to to promote and maintain the welfare of the people of Europe through democratic representation.
The European system of law is a mixture of all three legal systems in use across Member States as it has to interact and bridge between these systems. The legislative system takes inspiration from both the Common and Scots law systems found in 3 member states, while the judicial system resembles the Civil system used in the other 35. There are two types of legislation: Statutory Law and Directive Law.
Statutory Law
Rather than being a single Civil Code, the body of Statutory Law is made up of individual Statutes and Regulations which address different topics, referred to as Acts (or sometimes Regulations). All Statutes start out as Bills, proposed either by the Commission, or by at least 3% of MEPs. The path of the Bill towards becoming Law is slightly different depending on how it was proposed.
Bill proposed by Commission:
To begin the First Stage, the Commission provides a document outlining the aims of the Bill to the Parliament, known as the Bill's Brief. The Parliament then holds an initial vote on whether it wishes to pursue the Bill. If it passes this vote, the Second Stage is initiated.
In the Second Stage the Bill is referred to a relevant Committee of the Parliament. The Committee creates a draft of the Bill in accordance with the Brief. Once the Committee is satisfied, it votes to initiate the Third Stage. If the Committee delays the Bill for a period of more than 18 months, the Commission may forcefully initiate the Third Stage.
The Draft Bill is sent to the Parliament floor, where it is open to Amendments from any MEP. The Bill is then finalised in a final debate and vote, in which the Parliament decides whether to submit the Bill to the Commission and make it into law.
If the Parliament passes the Bill, the Commission then assesses if the Bill complies with the Brief, and if it does not, the Commission may veto the Bill and force the process to begin at the Second Stage again. If the Commission is satisfied it may pass the Bill to the final stage.
The Fifth Stage also known as the Council Stage involves the deliberation of the relevant formation of the Council, on whether it should excercise the special powers granted to it by the Basic Law or assent to the Bill and make it Law. These powers involve returning the Bill to the Parliament with suggested amendments (which can be done only once), referring the Bill to the Courts to test their compliance with the Basic Law or initiating a referendum on the Bill at the request of one third of its members.
Bill proposed by MEPs:
A Bill sponsored by 3% of MEPs differs from a Commission Bill in the following ways:
The Commission has very little input in the content of the Bill
The Bill's Brief, which is written by the first sponsor of the Bill, does not need to be complied with as strictly as a Commission Bill.
The Committee may delay the Bill as long as it wishes, unless a petition of at least 6% of MEPs is submitted to them.
The Bill is referred directly to the Council after its passage by Parliament
Directive Law
A Directive is legislation that impacts areas reserved for Member States by setting goals and requirements, which the Member States are compelled to implement in their own laws and policies. Due to the intrusive nature of a Directive, the Council is much more involved in the process of its passage. The process for a Directive is much the same as a Statute with some significant changes.
Only the Commission may initiate a Directive
There is no limit to the number of times the Council may return a Bill to the Parliament
The Council must hold a vote on the Bill. If it fails to achieve a majority of Member States (who must represent a majority of the EU's population) votes in favour, the Bill is vetoed.
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