Right of Initiative

The right of initiative refers to the right to propose legislation.  The Commission possesses this right on the matters contained in the Treaties, either because the Treaties expressly so provide or because the Commission considers it necessary.

This power of initiative is exclusive in respect of Community matters, the principle being that the Council takes decisions only “on a proposal from the Commission”, so that there is a coherent framework for all initiatives.

Under the common foreign and security policy the Commission may make proposals, as may the Member States. On the other hand it has no such right in certain matters relating to justice and home affairs.

The Council and the European Parliament may also ask the Commission to put forward a proposal if they consider it necessary.