Legal Framework of the Ordinary Legislative Procedure in the EU: Scope, Actors and Procedure

Martin Wagner

Legal Framework of the Ordinary Legislative Procedure in the EU: Scope, Actors and Procedure

Martin Wagner

Institute of Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

This chapter examines the basic legal framework of the Ordinary Legislative Procedure (OLP), focusing on Art. 288–299 Treaty on the Functioning of the European Union (TFEU). The core provisions (Art. 289 and 294 TFEU) define the main actors, namely the European Commission (Commission), the European Parliament (EP) and the Council of the European Union (Council) and specify their respective roles as well as the procedural steps involved. The analysis reveals that the OLP applies in most cases, although the Treaties do not indicate the practical relevance of its phases. While all phases were frequently applied in the past, an emerging trend in practice can be seen from the recent years: most legislative acts are now included in the first or the early second reading due to informal interinstitutional negotiations [mainly the trilogues (See Chap. 5 of this handbook)]. This trend may affect future OLP treaty provisions, particularly as the trilogues are not governed by any primary EU law.

Translated title of the contribution	Rechtliche Rahmenbedingungen des ordentlichen Gesetzgebungsverfahrens der Europäischen Union: Anwendungsbereich, Hauptakteure und Verfahren
Original language	English
Title of host publication	Handbook on EU Law-making
Subtitle of host publication	A Practical Guide
Publisher	Springer Nature
ISBN (Electronic)	978-3-032-16559-6
ISBN (Print)	978-3-032-16558-9, 978-3-032-16561-9
Publication status	Accepted/In press - Mar 2026

Cite this

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abstract = "This chapter examines the basic legal framework of the Ordinary Legislative Procedure (OLP), focusing on Art. 288–299 Treaty on the Functioning of the European Union (TFEU). The core provisions (Art. 289 and 294 TFEU) define the main actors, namely the European Commission (Commission), the European Parliament (EP) and the Council of the European Union (Council) and specify their respective roles as well as the procedural steps involved. The analysis reveals that the OLP applies in most cases, although the Treaties do not indicate the practical relevance of its phases. While all phases were frequently applied in the past, an emerging trend in practice can be seen from the recent years: most legislative acts are now included in the first or the early second reading due to informal interinstitutional negotiations [mainly the trilogues (See Chap. 5 of this handbook)]. This trend may affect future OLP treaty provisions, particularly as the trilogues are not governed by any primary EU law.",

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