Brussels Decides – To what extent?

Article written by Faith Spearing, Executive at SEM

Published in The Malta Independent

EU Treaties cover several wide-ranging areas that require varying degrees of common action and cooperation at EU level.

As the European city that hosts the main institutions of the European Union, Brussels is usually viewed as its seat of power. As a result, a common misconception is that all decisions related to the laws of the EU are made exclusively by the institutions in Brussels and then dictated to the Member States. However, the power of the EU, mainly vested in its authority to make laws, ultimately comes from the Member States.

As a Union built on the principles of the rule of law, the EU only has the power to act and pass laws in those areas where its Member States have authorised it to do so, via the EU Treaties.

The Treaties are binding agreements between Member States, approved voluntarily and democratically by all, that lay down the foundations of the EU. The Treaties lay down the EU objectives, rules for EU institutions, how decisions are made and the relationship between the EU and its members.

The Treaties cover several wide-ranging areas that require varying degrees of common action and cooperation at EU level. For instance, it is essential for the EU to have the power to act and legislate on matters related to freedom of movement of goods, services, capital and persons across Europe to ensure the proper functioning of the EU Single Market. On the other hand, in areas such as health and tourism, it is essential for Member States to be able to legislate according to the needs of their country.

To this end, the Member States have specified in the Treaties who has the power to pass laws in what areas: the EU, national governments, or both.

The areas in which the EU has been conferred exclusive competence, meaning the authority to solely legislate upon, are limited, and overall are largely related to the economic union and the functioning of the single market. These areas include the customs union, trade and monetary policy among others.

In comparison, the areas in which the EU and national government have shared competence, meaning that both have the power to legislate, are more wide ranging. The areas under shared competence include the single market, fisheries, energy, and transport among others.

It is significant to note that the EU Treaties, also lay down fundamental principles that the EU must always respect when executing its legislative powers. When legislating, the EU must always consider that its actions respect the principle of proportionality, meaning that EU action cannot exceed what is necessary to achieve the objectives of the Treaties.

Furthermore, in the in areas of shared competence, the principle of subsidiarity must always be respected. This means that the EU may only intervene in certain areas where the actions of the individual Member States are not sufficient to achieve the common objectives. In such cases intervention at an EU level would be more effective and can provide an added value.

It is noteworthy to mention, that while the EU institutions in Brussels are responsible for adopting EU laws, the Treaties lay down a specific decision-making process which ensures the representation of EU citizens.

Whenever the European Commission proposes a new EU law, the European Parliament, which is directly elected by EU citizens, must, in the absolute majority of cases, agree on the final text of law along with the Council of the EU. This mechanism ensures that the interests of all citizens are safeguarded at the highest level of EU decision-making.

Therefore, while the EU laws are decided in Brussels by the main institutions, there are clear processes for a fair representation of citizens and organisations that ultimately ensure that the decisions taken in Brussels reflect and respect as much as possible the diverse realities of EU Member States and citizens.