How does the EU make laws?

The European Union is often described as 'unique' – perhaps you've heard that before. But what exactly makes it so? Is it democratic? How are laws made, and what role does the Netherlands play? In this blog, Professor of Practice Mendeltje van Keulen guides you through the journey the EU has taken so far.

"The unique organisational model of cooperation in the European Union is the result of Franco-German politicians such as Schuman and Monnet. They entrusted the delicate integration of the energy market between six countries to an independent executive body."

"Rather than politicians in capital cities proposing legislation, it was the 'High Authority' - a body of experts from six countries - that put forward plans. That body is now called the European Commission. Over time, the EU was expanded to include a Council, a Parliament, a Court, a Court of Auditors and around 40 agencies. The EU became a structure where new elements are constantly being added – not a fixed labyrinth, but an evolving construction."

So, what does the European Commission do?

"This body (known as an 'institution' in EU jargon) holds the right of initiative. That means it has the 'power of the pen' to draft and propose legislation. Commission officials are formally neutral, even though they hold a passport from one of the 27 Member States. Yes, there are Dutch officials too (and you could become one: werkenbijdeeu.nl).

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European Commission President Ursula von der Leyen at a Brussels Defense and Security Summit. Source: European Union, 2024.

Can the European Commission make laws about anything?

"In some areas, yes. Take trade and climate policy – the Commission can even represent the entire EU. You can see it at climate summits, in the tariffs on US imports, and in sanctions against Russia."

"But this is always evolving. At its inception, the EU could only legislate on energy. Later, this extended to areas like the economy, environment, transport and finance – all interlinked domains. That's why Commission President Ursula von der Leyen proposed a European defense strategy."

Does the Netherlands have a say in the EU?

"The Commission drafts EU laws. To do this well, it needs expertise, which is why the Commission publishes public consultations on nearly all legislative proposals, so professionals and experts can contribute their insights."

"And in every stage of the decision-making process, a Dutch representative is present. Whether in a working group, an ambassadorial meeting, or at the European Council of Ministers. Every working day, there's a meeting somewhere in Brussels or Luxembourg where the 27 countries prepare or take decisions. During a European Council summit, it's our Prime Minister who takes the seat behind the Dutch flag."

But who decides the Dutch position?

"All Dutch representatives negotiate based on an 'instruction'. This national position is developed by Dutch ministries in The Hague and approved by both Houses of Parliament, ensuring the Dutch people are democratically represented."

Is that democratic, though?

"Democratic legitimacy was built in from the start through an 'assembly'. That body is now the directly elected, and nearly fully empowered, European Parliament in Brussels and Strasbourg."

And who checks all of this?

"In the Netherlands, there is no constitutional court. But the EU has one. Judges and auditors based in Luxembourg oversee compliance. Back in the 1960s, the European Court of Justice ruled that EU law constitutes its own legal order and has direct effect. That made the Court a kind of 'Supreme Court', similar towhat we knowfrom the US."

In terms of finance, the European Court of Auditors acts as the watchdog. Dutch member Stef Blok recently spoke enthusiastically about its work in Nieuwspoort. Read more or watch the event here.

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