Book contents
- Frontmatter
- Summary Contents
- Contents
- List of Illustrations
- List of Tables
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- Part I European Law: Creation
- 1 Union institutions
- 2 Union legislation
- 3 Union competences
- 4 Fundamental rights
- Part II European Law: Enforcement
- Part III European Law: Substance
- Index
- References
2 - Union legislation
from Part I - European Law: Creation
- Frontmatter
- Summary Contents
- Contents
- List of Illustrations
- List of Tables
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- Part I European Law: Creation
- 1 Union institutions
- 2 Union legislation
- 3 Union competences
- 4 Fundamental rights
- Part II European Law: Enforcement
- Part III European Law: Substance
- Index
- References
Summary
Introduction
British constitutionalism defines (primary) legislation as an act adopted by the Queen-in-Parliament. Behind this “compound” legislator stands a legislative procedure. This legal procedure links the House of Commons, the House of Lords and the monarchy. European constitutionalism also adopts a procedural definition of legislative power. However, unlike British constitutional law, the Treaties distinguish two types of legislative procedures: an ordinary legislative procedure and special legislative procedures. Article 289 TFEU states:
The ordinary legislative procedure shall consist in the joint adoption by the European Parliament and the Council of a regulation, directive or decision on a proposal from the Commission. This procedure is defined in Article 294.
In the specific cases provided for by the Treaties, the adoption of a regulation, directive or decision by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, shall constitute a special legislative procedure.
- Type
- Chapter
- Information
- An Introduction to European Law , pp. 35 - 58Publisher: Cambridge University PressPrint publication year: 2012