EU decision-making
In limited areas defined by treaty, EU institutions can enforce laws, once collectively approved, on all the member states. The Council of Ministers (ministerial representatives from the 27 EU governments) and the European Parliament amend and pass EU laws, which the Commission proposes.
When people talk about ‘unelected bureaucrats in Brussels’, they usually mean the European Commission, the civil servants of the EU. The Commission’s powers rest on treaties which EU national governments negotiate and decide. All member state parliaments then ratify the treaty changes (in some states, like Ireland, by referendums).
The heads of member states (through the European Council) take important EU decisions, although the European Parliament will usually have a say. The Council meets at least twice every six months to set the direction for the Commission and to monitor progress. For example, the quarterly Council meetings were often important milestones in the Brexit process.
Source: EU website, How EU Policy is Decided
European Commission
A key difference between the European Commission and national legislatures is that the Commission is the main initiator of legislation and regulation. The Council and the Parliament may amend but they cannot propose.
However, there is a rigorous process of formulation, review, amendment and approval:
- The European Council (the elected leaders of the member states) sets the legislative agenda for the Commission.
- The Commission drafts, enforces and monitors compliance with EU laws, but it does not pass them.
- The three bodies pass laws through a ‘co-decision’ process. This includes the drafting of detailed regulation (for example the Capital Requirements Regulation which complements the Capital Requirements Directive). Directives have the force of law in all member states without transposition into national law.
- The co-decision process means that European Parliament and the Council of Ministers usually amend the laws that the Commission drafts. By contrast, in the UK, it is a major event if Parliament amends laws proposed by the government or if the Lords suggests amendments (as we saw with the EU Withdrawal Bill).
- Specialist committees of member state ministers, such as the Economics and Financial Affairs Council usually require drafting changes.
In the preparation of EU regulation, industry bodies, regulatory authorities and others may provide input to the Commission directly and/or through their own MEPs and governments.
There is also political input into the membership of the Commission and how it operates.
- The President sets the detailed agenda for the Commission within overall objectives approved in advance by the European Parliament.
- The European Parliament has the power to dismiss the Commission before the end of its term.
- The 27 Commissioners are appointed from each member state. This ensures balanced representation of the member states but means that some Commissioners may not be the best people for the job (often a feature of political appointments). The larger countries usually fill Commissioner positions for the more important areas.
- The Commissioners are the ministers of the EU. The European Parliament approves their appointments, but they are not elected. Whereas, in the UK and most other member states, ministers of state are usually selected from elected politicians. However, in the UK, MPs who lose elections are sometimes appointed as ministers and/or elevated to the House of Lords.
- Civil servants staff the Commission’s ministries (‘Directorates’), many on secondment from their home governments. A Director General, a senior civil servant, heads each Directorate.