The EU is based on a common legal framework that is constantly evolving.
Today, the EU is much more than a mere economic community, as it had originally been founded after the Second World War to overcome national differences. Rather, it sees itself as a community of values based on values such as freedom, democracy and respect for human rights, guaranteeing fundamental freedoms and the rule of law.
The three main actors in the EU legislative process are the European Parliament (EP), the directly-elected representative body of all citizens of the EU Member States, and the Council of the European Union, in which all Member States are represented by one minister each, and finally the European Commission. Only the Commission can make proposals for EU legislation. To this end, it proposes new legislation, which is first drafted in the relevant directorates-general.
The European Parliament and the Council of the EU can request the Commission to submit a specific proposal. Such a request to the Commission can now also be made by EU citizens within the framework of a European Citizens' Initiative. The legislative proposals are then adopted by the EP and the Council, with the bills usually undergoing extensive amendments.
As the EP's powers of participation and co-decision have been greatly expanded in recent years, in particular by the Treaty of Lisbon, it can now be described as a co-legislator with virtually equal rights to the Council.
For most matters, the ordinary legislative procedure applies: The European Parliament and the Council decide on a proposal as co-legislators with equal rights. For most matters, a decision by qualified majority is required.
Binding legal acts can be adopted in the form of regulations, directives or decisions. If the EP and Council adopt a regulation, it is general, direct and binding. In contrast to directives, which must be transposed into national law, national parliaments do not have to pass their own legislative resolutions.
Since there is no complete separation of powers at the EU level - legislation by the parliament, execution by the government (administration) - each Member State has created its own procedures for the involvement of the respective national parliaments.
The original merger of six European states to form the European Coal and Steel Community (ECSC) in 1952 and the European Economic Community (EEC) and the European Atomic Energy Community (EAEC) in 1958 gave rise to the European Union, which has had 27 Member States since the United Kingdom's withdrawal (Brexit) on January 31, 2020.
Any European state can apply for membership in the European Union if it adheres to certain principles. After multiple examinations, accession negotiations and the drafting of accession treaties, ratification takes place.
The enlargement process, however, is not yet complete. The EU is endeavoring with programs and strategies to open up a European perspective to other European states as well, especially those in the Balkans.
North Macedonia received the status of official candidate country in 2005, Montenegro in 2010, Serbia in 2012, and Albania in 2014. Bosnia and Herzegovina became an official candidate country in December 2022, after submitting the official EU accession application in February 2016.
Essential criteria for future EU enlargements are the absorption capacity of the European Union itself as well as respect for and active promotion of shared values, as set out in the Lisbon Treaty. North Macedonia received the status of official candidate country in 2005, Montenegro in 2010, Serbia in 2012, and Albania in 2014. Bosnia and Herzegovina became an official candidate country in December 2022, after submitting the official EU accession application in February 2016. Accession negotiations with Montenegro began in December 2012, and with Serbia in January 2014. In mid-July 2022, the EU launched the opening phase of accession negotiations with North Macedonia and Albania.
Iceland, with which accession negotiations had begun in July 2010, withdrew its application for membership in March 2015.
Ukraine applied for EU membership at the end of February 2022 and Moldova in early March 2022. Both countries have had candidate status since June 2022.
Kosovo has been offered the prospect of EU membership as soon as it is ready as a "potential candidate"; it has submitted an official application for EU membership in December 2022. Stabilization and association agreements have already been signed with Bosnia and Herzegovina and Kosovo.
Georgia, with which there is also already an association agreement, also applied for EU membership in early March 2022 and has been a "potential candidate" since June 2022.
More information can be found on the European Union's website.
Today, the EU is much more than a mere economic community, as it had originally been founded after the Second World War to overcome national differences. Rather, it sees itself as a community of values based on values such as freedom, democracy and respect for human rights, guaranteeing fundamental freedoms and the rule of law. As such, adherence to these principles is also a central prerequisite for any enlargement.
This self-perception of the EU is underlined by Article 2 TEU of the Lisbon Treaty, which states:
"The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail."
The fundamental rights of EU citizens are additionally strengthened by the Charter of Fundamental Rights. Furthermore, Title II TEU of the Treaty of Lisbon explicitly enshrines the democratic principles of the European Union.
