Understanding how EU legislation is made is one of the most tested areas in the EPSO EU Knowledge exam. The Ordinary Legislative Procedure (OLP) is the main process — three readings, two institutions, one Commission proposal. This chapter explains every step clearly.
1. The Ordinary Legislative Procedure (OLP)
The OLP (also known as codecision) is the standard EU lawmaking process since the Lisbon Treaty (Art. 294 TFEU). In the OLP, the European Parliament and the Council of the EU are equal co-legislators.
⚙ Ordinary Legislative Procedure — Step by Step
Commission drafts and formally submits a legislative proposal to EP and Council simultaneously
↓
EP adopts its position (no time limit)
Council either approves EP position → Act adopted ✓ OR adopts its own position ("first reading position")
↓ if Council adopts own position
EP: approves → adopted ✓ · amends → goes to Council · rejects → fails ✗
If EP amends: Council approves all amendments → adopted ✓ · OR does not approve → Conciliation
↓ if no agreement after 2nd reading
Equal delegations from EP (co-chairs) and Council (co-chairs)
6 weeks to reach a joint text
Commission participates to facilitate agreement
If joint text agreed: Goes back to EP (simple majority) and Council (QMV (Qualified Majority Voting)) for third reading within 6 weeks. Both must approve the same text — no amendments possible.
If no joint text: Act fails ✗
In practice: The vast majority of legislation (~80-85%) is agreed at first reading through informal trilogues — negotiations between EP, Council and Commission before formal votes.
Trilogues: Informal three-way negotiations between the EP (led by the rapporteur), the Council (led by the Presidency), and the Commission. Not in the treaties but become standard practice. They allow quick agreement at first reading, avoiding the full three-reading process. Controversial for lack of transparency.
2. Where the OLP Applies
The OLP applies to the majority of EU legislative areas, including:
- Internal market (Art. 114 TFEU)
- Environment, transport, energy
- Employment and social policy (most areas)
- Cohesion policy, agriculture (most)
- Area of freedom, security and justice (most)
- Consumer protection, public health
3. Special Legislative Procedures
In some areas, one institution plays a lesser role — either just consulting or giving consent:
Consultation Procedure
Art. 289(2) TFEU
Council acts alone (unanimity usually). Parliament is consulted — must give its opinion but Council is NOT bound by it. Parliament can only delay, not block.
Used for: taxation, competition rules, CFSP (Common Foreign and Security Policy), some AFSJ (Area of Freedom, Security and Justice) matters, EMU (Economic and Monetary Union)
Consent Procedure
Art. 289(2) TFEU
Parliament must give its consent (absolute majority). No right to amend — it's a take-it-or-leave-it vote. Council cannot act without EP approval.
Used for: EU enlargement, withdrawal agreements, association agreements, MFF (Multiannual Financial Framework), enhanced cooperation authorisation
Delegated Acts
Art. 290 TFEU
Commission adopts non-essential supplementary or amending measures. Parliament OR Council can revoke the delegation or object within a set period.
Used for: technical updates, detailed implementing rules supplementing legislative acts
Implementing Acts
Art. 291 TFEU
Commission (or Council) adopts uniform implementation measures. Subject to comitology — oversight by committees of member state experts (examination or advisory procedure).
Used for: uniform application of EU law, technical standards, product approvals
4. Key Voting Rules Summary
| Procedure | Commission | EP Role | Council Vote |
|---|
| OLP | Proposes | Co-legislator (equal) | QMV (usually) |
| Consultation | Proposes | Opinion only | Unanimity (usually) |
| Consent | Proposes | Consent (take-or-leave) | Unanimity (usually) |
| Delegated acts | Adopts | Right to revoke/object | Right to revoke/object |
| Implementing acts | Adopts | No role | Comitology oversight |
The Commission's special position in the OLP: If the Council wants to amend a Commission proposal in the OLP, it needs unanimity (Art. 293 TFEU). This gives the Commission significant leverage — member states would rather negotiate with the Commission than try to get 27 countries to agree an amendment unanimously.
5. Citizens' Initiative
Introduced by the Lisbon Treaty (Art. 11(4) TEU (Treaty on European Union)), the European Citizens' Initiative (ECI) allows citizens to request the Commission to propose legislation:
- Requires 1 million signatures from at least 7 member states
- Minimum thresholds apply per member state
- Commission is not obliged to propose legislation — it must only consider and respond
- Example: "End the Cage Age" initiative (2021) on animal welfare
Key Terms
Ordinary Legislative Procedure (OLP)
Art. 294 TFEU — the main EU lawmaking process. EP and Council are equal co-legislators. Up to 3 readings + conciliation. Formerly called "co-decision."
Trilogue
Informal three-way negotiation between EP, Council, and Commission. Not in the treaties but used for ~85% of OLP legislation, allowing first-reading agreement.
Rapporteur
The MEP (Member of the European Parliament) assigned to lead the EP's work on a specific legislative proposal. Drafts the committee report and leads trilogue negotiations for the Parliament.
Conciliation Committee
A joint body of equal EP and Council delegations convened when Parliament and Council cannot agree after two readings. Has 6 weeks to reach a joint text.
Comitology
The system by which member state experts (in committees) oversee the Commission's adoption of implementing acts. Two main procedures: examination and advisory.
Citizens' Initiative
Art. 11(4) TEU — 1 million signatures from 7 member states can invite the Commission to propose legislation. Commission is not legally obliged to act.