This chapter first considers the central types of binding law: Regulations, Directives, decisions and international agreements. Different procedures govern the adoption of these laws, with the legislative procedure determined by the aim and content of law being adopted. There are three central legislative procedures. The ordinary legislative procedure grants the Parliament the power of veto, and the Council the power of assent over any Commission proposal. In the consultation procedure, Parliament is merely consulted on a Commission proposal with the Council having the final decision. The consent procedure requires the Parliament to actively approve a proposal. National parliaments are consulted on legislative proposals and can indicate that a measure violates the subsidiarity principle. Many EU laws provide for further implementation by Commission measures. These are adopted under procedures known as comitology, where representatives of national governments are either consulted or can veto the proposed measure. The chapter concludes by considering the democratic qualities of EU lawmaking, noting that conclusions depend very heavily on the prism through which these are analysed.

This chapter discusses the implementation of EU policies after they have been adopted. It is structured around three phases in the implementation process: legal implementation, practical implementation and monitoring implementation. Each of these phases takes place both at the EU-level and within member states, leading to a system of multi-level administration. Subsequent sections zoom in on each of the three phases. In relation to legal implementation, both transposition by member states and the adoption of delegated and implementing acts by the Commission are discussed, including the system of comitology. The section on practical implementation looks at areas in which EU institutions are the main implementers and discusses the general EU requirements for implementation by member states. The section on monitoring implementation includes an extensive discussion of (the procedural set-up and practical use of) the infringement procedure and preliminary rulings. The chapter ends with a discussion of the role of EU agencies and European regulatory networks in the implementation of EU policies, stressing the variation within and commonalities between these two types of structure.

The chapter begins by examining why the EU regulates, beginning with how the EU attempts to justify its regulatory power before exploring the main principles underlying EU regulation. We will then focus on who regulates in the EU, that is, the institutions, such as agencies and committees, that assist the EU in achieving its regulatory goals. The remaining sections will focus on the questions of how the EU regulates, distinguishing between the main legal and non-legal tools by which the EU regulates, and the judicial routes available to enforce or challenge the validity of such regulatory choices. Throughout, the focus will lie on the tension between efficiency and diversity that drives EU regulatory choices.