Written by Silvia Kotanidis,
The European Commission has a near monopoly on legislative initiative in the European Union (EU), with special initiative rights for other institutions applying only in certain specific cases. However, the European Parliament and the Council may invite the Commission to submit legislative proposals. Whilst this ‘indirect’ initiative right does not create an obligation on the Commission to propose the legislation requested, the Treaty of Lisbon codified the Commission’s obligation to provide reasons for any refusal to follow a parliamentary initiative. Against this backdrop, some argue that Parliament could take the Commission to the Court of Justice of the EU if it fails to justify a negative decision.
Others see Parliament’s increasing participation in overall political planning – particularly through negotiations on the Commission’s annual work programme (CWP) – as a further channel for Parliament to increase its influence on EU legislation. It is thus argued that the increased role of Parliament in the legislative procedure should have reduced the need for its Members to make use of legislative initiatives. Notwithstanding that, there is a trend towards greater use of formal parliamentary legislative initiatives to assert greater influence on the political process.
Most recently, in her inaugural address in July 2019 and in her Political Guidelines, the then newly elected President of the European Commission, Ursula von der Leyen, pledged to strengthen the partnership with the European Parliament, inter alia, by responding with a proposal for a legislative act whenever Parliament, acting by a majority of its members, adopts a resolution requesting that the Commission submit legislative proposals. She added that this commitment would have to be in full respect of the proportionality, subsidiarity and better law-making principles. President von der Leyen also declared herself supportive of moves towards recognition of a right for Parliament of legislative initiative.
Read the complete briefing on ‘Parliament’s right of legislative initiative‘ in the Think Tank pages of the European Parliament.
Listen to policy podcast ‘European Parliament’s legislative initiative‘ on YouTube.