The Council's role in EU decision-making
A key actor in EU decision-making
The Council of the EU is one of the three main EU institutions involved in EU law-making.
Council of the European Union representing governments of EU countries
Role: co-legislator
European Parliament representing EU citizens
Role: co-legislator
European Commission representing the EU's overall interests
Role: legislation initiator and executing body
The European Council, which brings together EU heads of state or government, does not legislate. It does, however, set the EU's overall political direction and priorities. This strategic guidance helps shape the European Commission's work programme and the areas in which it prepares proposals for new EU legislation.
How EU laws are adopted
The vast majority of EU laws, covering most policy areas, are negotiated and adopted jointly by the Council and the European Parliament, on the basis of a proposal of the European Commission. This is called the ordinary legislative procedure.
In addition to this shared legislative role, in some cases and for some topics, the Council is the main decision-maker.
This makes the Council a key actor in shaping policies and legislation at EU level.
Overview of procedures
When the Council decides together with the European Parliament:
- ordinary legislative procedure
- EU annual budget
When the Council is the main decision-maker:
- consent procedure, including on the EU's long-term budget, also known as the multiannual financial framework (MFF)
- consultation procedure
Examples of other procedures:
- delegated acts
- implementing acts
- policy coordination
- political positions
- international agreements
When the Council decides together with the European Parliament
Ordinary legislative procedure
In the ordinary legislative procedure, the Council and the European Parliament negotiate and adopt EU legislation jointly. They are co-legislators.
Most EU laws are adopted via this procedure.
The European Commission submits a legislative proposal to the Council of the European Union and the European Parliament. The Council and the Parliament jointly adopt the legislation.
The procedure at a glance
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1
Proposal
The European Commission proposes a new EU law to the Council and the European Parliament.
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2
Examination (reading)
The Council and the Parliament each examine the proposal and may amend it. This examination is called a reading. The procedure may take up to three readings.
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3
Adoption
The law is adopted if the Council and Parliament reach agreement on the same text in any reading. If no agreement is reached by the end of the final stage, the law is not adopted.
In addition, informal meetings, known as trilogues, and provisional agreements by or between the institutions involved during the ordinary legislative procedure may be used to accelerate the process of bringing the positions closer and to find agreement.
Adoption of the EU's annual budget
The adoption of the EU's annual budget follows a specific procedure. The European Commission proposes a draft budget. It is then the Council and the European Parliament that examine it and decide on the budget on an equal footing. They must agree on the same text.
If they cannot reach an agreement, the Commission must present a new draft budget.
When the Council is the main decision-maker
Special legislative procedures
In some specific cases, the Council is the main decision-maker, usually deciding on the basis of a Commission proposal. The Parliament does not act as co-legislator, but must be consulted or give its consent.
Examples include single market exemptions, competition law and measures to combat discrimination.
The European Commission submits a legislative proposal. The Council of the European Union alone adopts the legislation. The European Parliament must be consulted or give its consent.
There are two main types of special legislative procedure: the consent procedure and the consultation procedure.
Consent procedure
The Council can adopt a law after obtaining the consent of the European Parliament. The Parliament cannot amend the text, but may either approve or reject it.
Consultation procedure
The Council can adopt a law after consulting the European Parliament. The Council must consider the Parliament's opinion, but it is not required to follow it.
Adoption of the EU's long term budget
The EU's long-term budget, known as the multiannual financial framework (MFF), is adopted under special legislative procedures:
- the MFF regulation, which sets the maximum amounts the EU can spend in the various policy areas, is adopted by the Council after it has obtained the consent of the European Parliament
- the own resources decision, which defines how the EU budget is financed, is adopted by the Council after it has consulted the European Parliament
The European Council is also involved. In line with its role under the EU treaties, it provides political guidance on the main priorities of the long-term budget before the Council of the EU finalises it.
The Council's role in implementing and delegated acts
Once an EU law has been adopted, it may need to be supplemented to reflect developments, or further rules may be required to ensure that it is implemented properly. To do this, the Council and the Parliament can authorise the Commission to adopt delegated acts or implementing acts.
In specific cases, the Council, rather than the Commission, is responsible for adopting the implementing acts.
Council conclusions and resolutions
The Council does not only adopt laws. It also adopts documents such as conclusions and resolutions, which are not legally binding. These are used to express a political position or provide guidance on issues within the EU's policy areas.
See also
What the Council does
How the work in the Council is organised
How does the Council vote?
Last review: 19 May 2026