Commission, Council, Parliament, directive, regulation, transposition… European vocabulary can seem complex, yet these institutions and texts shape our daily lives. From reducing single-use plastics to protecting our coastlines, many laws applied in France and in neighbouring countries originate in Brussels.
For several months now, a vast effort of “simplification” and unravelling of European laws has been underway. Under the guise of reducing administrative burdens, some hard-won environmental protections are being called into question, directly threatening the health of the Ocean and of ecosystems. To defend the Ocean effectively, it is essential to understand how the European institutions really work and how the decisions that affect us all are made.
Here are 10 questions and answers to decode how the European Union works: 10 keys to better understand… and better act!
1. What are the three main institutions of the European Union and what is their role?
The European Union works through an “institutional triangle” that emerged with the Treaties of Rome in 1957. These three institutions work together to propose, amend and adopt European laws.
The European Commission is the EU’s driving force. Made up of 27 commissioners (one per country) led by Ursula von der Leyen since 2019, it proposes European laws and oversees their application. It defends the general European interest and can penalise a Member State that does not comply with the rules.
The European Parliament directly represents citizens. Its 720 MEPs, elected every 5 years, sit in political groups rather than by nationality. They examine and vote on legislative proposals during plenary sessions in Strasbourg, roughly once a month.
The Council of the European Union, also known as the “Council of Ministers”, brings together the ministers of the 27 Member States by policy area (agriculture, environment, economy…). It decides on legislative texts after the Parliament and can amend, adopt or reject them. Its presidency rotates every 6 months.
2. What is the difference between the Council of the European Union and the European Council?
These two institutions have fairly similar names but very different roles.
The Council of the European Union (or “Council of Ministers”) brings together the Member States’ ministers according to their area of competence. They meet around a hundred times a year to concretely adopt European laws.
The European Council, for its part, gathers the heads of state and government of the 27 countries at least twice per six-month period. These “European summits” set the EU’s broad political direction and define the priorities of European integration. It became an official institution in 2009 with the Treaty of Lisbon, and provides the impetus needed for the Union’s development.
3. How are European laws voted on?
European laws take the form of “directives” or “regulations” and are adopted through the “ordinary legislative procedure”, which places the European Parliament and the Council of the EU on an equal footing.
The proposal can come from the European Commission, from the Parliament asking the Commission to put forward a text, or even from one million European citizens via the European Citizens’ Initiative.
First and second reading: The Parliament examines and amends the proposal, then the Council does the same. If the Council approves the Parliament’s version, the text is adopted. If not, it goes back to the Parliament for a second reading, which can accept, reject or amend it again. The Council then examines this new version: if it approves it, the text is adopted; if not, the procedure moves to conciliation.
Conciliation: Representatives of the Parliament and the Council, assisted by the Commission, try to find a compromise. If this is not possible, the text is rejected. Otherwise, it moves on to a third reading.
Third reading: If the compromise is agreed unanimously, the text is adopted. Otherwise, it is definitively rejected.
4. Who proposes laws at European level, and why can't citizens vote directly on texts?
The European Commission is the institution responsible for proposing laws. But it can be invited to do so by the European Council, the Council of the EU, the European Parliament, or even by citizens through a European Citizens’ Initiative that has gathered one million signatures.
As European citizens, our main power lies in the European elections: every 5 years, we elect the MEPs who examine and vote on laws on our behalf. This is a system of representative democracy: we place our trust in parliamentarians who defend our interests at European level. That is why every vote counts in European elections.
5. What is the role of lobbies in drafting European laws?
Lobbying is a legal activity that consists of influencing public decisions in order to defend interests, whether private or in the general interest. Around 50,000 lobbyists currently work in Brussels.
Lobbies intervene throughout the legislative process to try to steer laws one way or another. For example, Surfrider’s lobbyists, as defenders of the Ocean, push for laws to be more ambitious on marine protection.
They are a valuable source of expertise for MEPs and European officials. Before making a decision, the institutions also consult a variety of stakeholders: lobbies, citizens, European bodies… This activity is regulated by an interinstitutional agreement and a code of conduct, notably in the European Parliament.
6. What is the difference between a European regulation and a directive?
The European Union adopts different types of legislative acts depending on its objectives.
Regulations are directly applicable in all Member States as soon as they enter into force. They must be applied in their entirety, with no need for transposition into national law. They immediately create rights and obligations for citizens.
Directives set objectives to be achieved, but each country remains free to devise its own measures to reach them. They are binding as to the result, but leave room for manoeuvre on the means. For example, the SUP (Single Use Plastic) Directive sets targets for reducing single-use plastics, then each country takes the measures it considers necessary to achieve them.
7. How does a European directive become law in my country?
Once a directive has been adopted at European level, Member States have between 6 months and 2 years to “transpose” it, that is, to incorporate it into their national legislation.
States are free to adapt, add or specify certain measures, provided they respect the objective set by the directive and that the measures are genuinely binding. In France, transposition can be done by a government act or by a law voted by the National Assembly and the Senate.
In principle, a directive only takes effect once it has been transposed, but the Court of Justice of the European Union has identified certain cases in which a directive that has not been transposed can have direct effect.
8. How long is there between the vote on a European law and its application in Member States?
The timeframe depends on the type of legislative act adopted.
For a regulation, application is immediate: it applies directly in all Member States from its date of entry into force, with no need for transposition.
For a directive, Member States have between 6 months and 2 years (set out in the text) to transpose it into their national legislation. Only after this transposition does the directive take full effect, even though the Court of Justice of the EU has recognised certain direct effects before transposition in particular cases.
9. What are the main European texts that protect the Ocean and the coastline?
The European Union manages the largest collective maritime area in the world, with 25 million km² of exclusive economic zones. 22 of the 27 Member States have a coastline, representing around 70,000 km of coast, and 40% of the population lives within 50 km of the sea.
The EU alone has decision-making power over the management of the sea’s biological resources (such as fish stocks), while the protection of the marine environment is a shared responsibility between the EU and the Member States.
Here are some texts currently in force whose main (or, for some, underlying) objective is the protection of the Ocean and aquatic ecosystems:
The Nature Restoration Law, which requires 90% of degraded habitats to be restored by 2050, including 20% of marine habitats.
The Common Fisheries Policy (CFP), which aims to better manage fishery resources in the face of the threat of overfishing, while preserving the sector’s competitiveness.
The Maritime Spatial Planning Directive (MSPD), which establishes a framework for planning maritime activities and managing European coastal zones.
The Single Use Plastics (SUP) Directive, which bans the placing on the market of many single-use plastic items in order to limit marine litter.
The Packaging and Packaging Waste Regulation (PPWR), which harmonises packaging rules and sets reduction targets to promote the circular economy.
The Marine Strategy Framework Directive (MSFD), which aims to maintain or restore the proper functioning of marine ecosystems.
The Water Framework Directive (WFD), which sets the objective of achieving good overall status of waters by 2027.
The European Ocean Pact, which brings together all Ocean-related policies and sets ambitious targets: halving plastic pollution before 2030 and restoring 20% of European marine ecosystems.
Finally, the International Treaty on the Protection of the High Seas (BBNJ), on a more global scale, reinforces the United Nations Convention on the Law of the Sea by providing tools suited to high seas challenges (better protection of these areas through the creation of marine protected areas, stronger regulation of high-risk human activities, and a system for access to marine genetic resources and benefit-sharing).
10. How can I, as a citizen, follow and influence European decisions that concern the Ocean?
Several courses of action are open to you:
Vote, particularly in European elections. Even if the link may seem indirect, it is your main lever of influence over European decisions.
Get involved or support associations like Surfrider, which make the voice of the Ocean heard at local level in several European countries and at European level through their lobbying team, whose proposals draw on field data, notably the data collected during the Ocean Initiatives (Initiatives Océanes).
Propose laws through European Citizens’ Initiatives, sign petitions, and take part in collective actions such as clean-ups or demonstrations.
Every action counts to protect the Ocean and to influence European policies in its favour.