The ordinary legislative procedure: how EU laws are made

Most European laws today are adopted through what the treaties call the ordinary legislative procedure — known until 2009 as co-decision. It puts the European Parliament and the Council of the EU on equal footing as co-legislators.

Step 1: The Commission proposes

Everything starts with a proposal from the European Commission. Only the Commission can initiate legislation under the ordinary procedure. Proposals follow public consultations, impact assessments, and political negotiations within the Commission itself.

Step 2: First reading

The Parliament examines the text in committee, where a rapporteur drafts a report and amendments. After committee approval, the full Parliament votes its position at first reading. The Council examines the same text in parallel.

Step 3: Second reading

The Parliament has three months to react to the Council’s position. It can approve it, reject it by absolute majority, or amend it. Amendments go back to the Council.

Step 4: Conciliation

If the two institutions still disagree, a Conciliation Committee is convened. It includes equal numbers of MEPs and Council representatives, supported by the Commission, and has six weeks to produce a joint text.

The reality: trilogues

In practice, formal second-reading and conciliation procedures are rare. The vast majority of files — over 80% — are concluded at first reading, thanks to trilogues. These are informal three-way negotiations between Parliament, Council, and Commission.

From compromise to law

Once a trilogue produces an agreement, both institutions formally vote it through. The text is then signed and published in the Official Journal of the European Union. Regulations apply directly in all member states; Directives require national transposition.

Special procedures and limits

The ordinary procedure does not cover everything. Special legislative procedures apply where treaties give one institution a stronger role — for example, the Council adopts taxation measures unanimously, with the Parliament merely consulted.