Unlock the Power of eSignature Legality for Polygraph Consent in the European Union

How to eSign a document: eSignature lawfulness for Polygraph Consent in European Union

EU laws are a popular subject of discussion in pubs and cafes all over Europe. But how do we get these laws and who makes them. For new EU-laws to come into existence someone must first, have an idea for a law, make a draft for it officially propose it and then have it accepted. The right to prose a new law, called the right of initiative, officially lies solely with the Commission. Which means only the Commission may propose new laws. The EU wouldn't be itself however, if there weren’t some exceptions to this rule, so while the Commission has the only official right of initiative, others also have ways of putting their ideas on the table. For example, when the majority of the European Parliament feel that common law is required to reach certain goals it may ask the Commission to draft a proposal for new legislation. The Commission does not have to honour such a request but it has to give an explanation if it chooses to refuse it. The Council can also try to initiate new laws by asking the Commission to explore whether common legislation on a subject would be useful. If the Commission then finds a good reason for common laws it would be very strange for them not to draft a proposal. So, although with a bit of detour, both Parliament and the Council can cause new common legislation to be created however it is always the Commission to drafts and propose laws. and in both cases the Commission can choose not to do so, as long as it explains why. We won’t go into too much detail, but it is worth mentioning that of course the EU is not as simple as this. These ways of initiating new laws are not the only ones. The regular legislative procedure can be launched, in some way or another by: a quarter of the Member States, the Court of Justice of the EU the European Investment Bank, or the European Central Bank. These institutions, however, can only do this in certain subjects. Last but not least, you may take it into your own hands to create new EU law. You can do so directly by gathering signatures of at least one million EU citizens from at least seven Member States. Or, even when you’re on your own, you can submit a petition to the European Parliament as is every EU citizen’s right. Or of course, in a more indirect way, you can bring it to the attention of the Parliament simply by lobbying with its members. Once the initiative for a proposal has been taken, the Commission will start the consultation process, meaning the Commission gathers information in all kinds of ways, for example by involving experts, international organisations or NGO’s. In this process the terms ‘Green or White Paper’ are often mentioned. These documents are used to invite or inform other parties of the proposed legislation. Once the consultation has ended the College of Commissioners adopts the proposal. Now after the Commission drafts a proposal of the new legislation they send it to Parliament, to the Council and to all national parliaments. If both the Council and Parliament simply accept the proposal, it is passed If Parliament does not fully agree it may amend it. The Council then considers the amended version of the proposal and can either accept it, passing the proposal, or amend it itself, sending it back to Parliament for a second look. Parliament may then accept or again amend it, and send it back to the Council. If the two haven’t worked it out by then, a commission consisting of Members of Parliament and the Council agree on a new version, if they can’t come together the process ends here. If, however, they make a new version Yes you guessed it, both Parliament and the Council have a third look Here they may only accept or reject and can no longer make any changes, this is to make sure the process does not go on forever. But what about the third group that go sent the draft? If the Coucil and Parliament can pass the proposal on their own, then why did the Commission even send it to the national Parliaments? While national parliaments do not have to do anything for the process to continue, they can do something to stop it. If they think the proposed legislation goes against the principle of subsidiarity they can object with the two votes each member state has. The principle of subsidiarity prevents the EU from unnecessarily infringing the national governments’ legislative power. If one third of national parliaments objects, the proposal receives a yellow card and it must be reviewed. Based on this review the Commission may choose to maintain, amend or withdraw the proposal. If maintained or amended the process continues, if it chooses to withdraw, the process ends. If more than half of the national parliaments object an orange card is drawn and a similar process of review is started. However in case of the orange card the Commission must explain its position if it decides to keep the proposal without change. Both Parliament and the Council must then decide whether they agree with the national parliaments, or with the Commission. If more than half of either Parliament or the Council agrees with the objecting national parliaments, the proposal is dropped. Now, this entire process is not the most straightforward, even in this simplified form. So let's go over it once more. First a proposal of new legislation is made by the Commission itself, the European Parliament, the Council, any EU citizen, Or, depending on the subject: A quarter of the Member States, the Court of Justice of the EU, the European Investment Bank, or the European Central Bank. Then, the Commission with the help of all kinds of experts drafts a proposal. After that the proposal is reviewed by the Council and Parliament and is open for objection from national parliaments. If the proposal manages to get through the process it is passed and comes into force immediately. If that’s not complicated enough, there are three forms a new EU-law can come in: a Decision, a Regulation or a Directive.