Briefing - Parliament's right of legislative initiative - 23-01-2025
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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 CoBriefing - Parliament's right of legislative initiative - 23-01-2025
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. While 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. 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 fully respect the proportionality, subsidiarity and better law-making principles. President von der Leyen also said that she supported moves towards recognising a right for Parliament of legislative initiative. A similar commitment to strengthen cooperation with Parliament on the exercise of Parliament's indirect right of legislative initiative was expressed by Ursula von der Leyen in her 2024-2029 political guidelines. This briefing is an update of a 2013 briefing by Eva-Maria Poptcheva, and a 2020 briefing by Silvia Kotanidis. Source : © European Union, 2025 - EP Read more
