Formulation Stage in Europe

Formulation Stage in the EU Legislative Process

The machinery is, in principle, set in motion by the Commission, which draws up a proposal for the Union measure to be taken (known as the ‘right of initiative’). The proposal is prepared by the Commission department dealing with the particular field; frequently the department will also consult national experts at this stage. This sometimes takes the form of deliber ations in specially convened committees; alternatively, experts may have questions put to them by the relevant departments of the Commission. However, the Commission is not obliged to accept the advice of the national experts when drawing up its proposals. The draft drawn up by the Commission, setting out the content and form of the measure to the last detail, goes before the Commission as a whole, when a simple majority is sufficient to have it adopted. It is now a ‘Commission proposal’ and is sent simultaneously to the Council and the European Parliament and, where consultation is required, to the European Economic and Social Committee and the Committee of the Regions, with detailed explanatory remarks.