The Oireachtas has an important job in examining new laws proposed by the European Union. This process is known as EU legislative scrutiny.
This process ensures decisions on EU proposals are made at the right level – as close to citizens as possible – and that EU action does not go beyond what is necessary. It is an important way for Ireland's Parliament to have a say in shaping EU laws.
- What is EU legislative scrutiny?
- Why does the Oireachtas do this?
- How does the process work?
- What happens during further scrutiny?
- Reports – reasoned opinions and political contributions
- Other EU scrutiny activities
What is EU legislative scrutiny?
When the EU plans a new law, the Oireachtas reviews the proposal and asks two key questions:
- Should this law be made at the EU level or by Ireland?
- Does the proposal go further than necessary?
This process is part of the subsidiarity control mechanism, introduced by the Lisbon Treaty. It applies to policy areas shared between the EU and member states, such as agriculture, environment, transport, and consumer protection.
Why does the Oireachtas do this?
The Lisbon treaty gives national parliaments a role in shaping EU laws. The Oireachtas checks proposals against two principles:
Subsidiarity means decisions should be made as close to people as possible. EU laws should only be made if they work better than national laws.
Proportionality means EU action should not go beyond what is necessary to achieve its goals.
By applying these principles, the Oireachtas helps ensure that EU laws respect Ireland’s interests and the rights of its citizens.
How does the process work?
When the European Commission publishes a draft law, it is sent to the Oireachtas and assigned to the relevant Committee. For example, proposals on Climate go to the Joint Committee on Climate, Environment and Energy.
The committee considers two key documents:
- A briefing from the Government, called an Information Note.
- Advice from Oireachtas policy staff, called an Advice Note.
Based on these, the committee decides whether the proposal needs more scrutiny or not. If the committee has no concerns, the process ends. If it decides that further scrutiny is needed, the committee takes extra steps to examine the proposal in detail.
What happens during further scrutiny?
Further scrutiny can involve asking for more information from the Government, meeting officials or stakeholders, or carrying out extra research. The committee may also consult with other parliaments through the IPEX network.
After this, the committee can either conclude scrutiny without a report or publish a report to share its views with EU institutions.These reports can be found on IPEX.
Reports – reasoned opinions and political contributions
There are two types of reports the committee can publish:
Reasoned opinions are formal reports stating that a proposal may break subsidiarity or proportionality rules. These must be agreed by both Houses and sent within a set timeframe. Reasoned opinions can trigger the EU “yellow card” procedure, which requires the European Commission to reconsider the proposal.
Political contributions share the committee’s views on a proposal as part of ongoing political dialogue with EU institutions. These do not need approval from both Houses.
Other EU scrutiny activities
EU legislative scrutiny is just one way the Oireachtas engages with EU affairs. Other activities include:
- Statements in the Dáil before and after European Council meetings.
- Debates on EU business and topical issues.
- Committee meetings with Ministers before or after EU Council meetings.
- Participation in interparliamentary conferences and meetings.