eu council and eu european council condensed

crucial disitinction

• council of europe= is not an eu institution

  • is a seperate international organisation focused on human rights and the rule of law and democracy

  • although all eu member states are members it operates indepdnantly from the eu

• european council=sets eu overall political direction

  • highest polticial authority

  • provides stratgic guidance on major issues

  • does not make or enforce law

  • composed of heads of state/government of each member state + the president of the commission + its own president

• council of the european union = co legislative and decision making body

  • adopts eu laws (regulations and directives)

  • adopts the eu budget with parliamrnt

  • coordinates member states policies

  • composed of government ministers from each member state varying by policy area

  • where national governments directly participate in eu law making

the council of the european union

• legal basis= art 16 teu and art 237-243 tfeu

• role=

  • represents member states interests within a supranational legal order

  • acts as a central decision making and co legislative body

  • excercises legislative and budgetary functions jointly with the EP

• insituional position=

  • contrasts with the commission that represents the eus common interest

  • constrasts with council that prvides political direction not legislation

  • although it reflects national interests the council is an eu insitution= it is not purely intergovernmental body

• legal nature of acts= acts adopted by the council ie regulations and directives are legally binding eu measures forming part of eu law

• judicial review= council acts can be chalenged before the cjeu under article 263

  • member states can bring actions for annullment on grounds of lack of competences, infringment of treaties and misuse iif power

composiition and structure

• 1 representative per member state ie 27 members

  • must be a minister

  • have authority to bind their state and vote

• council configurations art 16 6 teu= th council meets in different specialised formations

  • each configuration deals with a specific policy area so bring together the relevant national ministers

    • environment= requires environment minsiter

    • economic and financial affairs ECOFIN= requires economic minister

    • Foreign affairs council= requires freign policy minister

• general affairs council prepares meetings of the european council

  • ensures consitency across different policy areas

  • coordination of insitutional work

  • maintains coherance in eu governance

• foreign affairs council repsonisbe for the eus external action ie foreign policy defence and diplomacy

  • chaired by the high representative of the union for fpsp

  • reflects the need for continuity and unified external representation

the configuration sustem allows the council to combine spcialisation with flexibility ensure that technical expertise at national level feeds directly into eu decision makig=ng

presidency system

rotation= the presidency of the council rotates every 6 months between member states

• chairs most council meetings

• organises drives and set councils work and agendas

• acts as a neutral broker between member states

  • the current holder is cyprus from 1 january to 30th june 202

tri system= presidency operates in groups of three trios

• current presidency= cyprus

• next presidency= ireland

• previous presidency=denamark

• together they set a coordinated 18 month program

• ensures continuity and stability in policy priorities caused by the short term 6 month rotation

chairing configurations= each council configuation is chaired by the member state holding the presidency

• exception= foreign affairs council is chaired by the high representative of fpsp

  • to ensure consistency in eu external relations

  • a more supranational and unified foreign policy voice

the presidency systems reflects a balance between equality of member states through continous rotation and insitutional continuity through the trio system and the high representatives role in foreign affairs

internal organisation

committee of permanent representatives COREPER is the central functioning of the council

• composition:

  • permanent representatives/ambassadors from each member state

  • supported by national offcials and experts

• role= prepares the work of the council

  • filters and organises agenda items into

    • a points= adopted without debate

    • b points= require polticial discussion

  • faciliitates negotiation and compromise between member states

  • policy coordination

• function=

  • ensures conitnuity between rotating presidencys

  • ensures consistency across policy areas

  • ensures smooth interaction between national governments and eu insitutions

• in practice most of the real decision making is pre agreed in coreper making it highly influential

general secretariat= additional adminstrative support

• provides:

  • adminstrative and logisitical support

  • legal advice

  • drafting and documentation services

• supports

  • the council

  • coreper

  • the rotating presidency

• plays a crucial but often overlooked role in ensuring the efficiency and legalilty of council operations

the councils internal organisation reveals that despite its formal poltical role its effectiveness depends on adminstrative preparation and diplomatic negotiation behind the scenes particularly through coreper

meetings

convening of meetings= reflects the councils flexible and state driven nature while still operating within the eu insitutional framework

• the council president

• any member state

• the europen commission

transparency of meetings= the council meetings are held in closed sessions not pblic

• exception for legislativ transparency= when the council is acting in its law making capacity meetings are open to the public as required under art 16 (8) teu

  • aims to imporve democratic accountability and legitimacy in eu law making

participants= although only member state representatives vote others can participate:

• member state ministers

• european commission= often attends to present proposals and negotiate legislation

• european central bank= may attend when economic/monetary matters are discussed

decision making

operates through 3 main voting systems depending on the sensetivity and legal basis of the issue

• unanimity= every member states has an effective veto/ blocking power

  • rarely used in practice

  • abstentions do not block adoption art 238 (4)

  • reserved for poltically sesnetive or sovereignty heavy areas to relfect protection of national sovereignty in highly sensetive areas

    • eu accession (membership), taxation, social security , eu citizenship provisions, fpsp/defence

• simple majority= requires 50% +1 member state ie 14 members

  • the least signfiicant vpting method in practice

  • used mainly for procedural and internal matters

    • such as adminstrative decisions and adoptions of council rules of procedure

• qualified majority voting= 2 methods

  • standard double majority system= 55% of member states ie 15 and 65% of the eu population

    • the default system for most eu legislation

    • when proproals orignate from the commission or high rep for fpsp

    • to block a decisions there must be at least 4 member states representing a sufficient share of eu population

      • to prevnt large states from dominating

    • rational behind lower threshold= eu commission is proposing so is reperesenting the eu common interests so easier to pass

      • designed to mak eu law making efficient ie prevnting a small number of states blocking progress

  • reinforced qmv= 72% of member states ie 20 and 65% of eu population

    • used in more sensetive situations

    • espeically where proposals do not come from the commission or hig rep ie member state

    • rational behind cautious higher shreshold

      • required when the commission is not driving the proposal to increase legitimacy and poltical acceptance

      • broader consesnus required t protect national sovrreignty more strongly in sensetive matters

unanimity= sovereignty protection

simple majority= adminstrative efficinecy

qmv= integration and legislative effectiveness

competences

performs legislative budgetary amd political functions within the eu framework

legislative competence

• colegislator role= acts as co legislator with the european parlaiment

  • ordinary legislative procedure= the council and parlaiment share equal legilslative power so must agree on idenitcial text for adoption

  • special legislative procedures= the council has a dominant or exclusive role in politically sensetive legislation

    • parlaiment is only consulted or gives its consent

    • taxation, foreign policy, social policy

budgetary competency= council shares budgetary authrity with the parlaiment

• both isnitutions must agree on the eu annual buget reflecting a system of shared fiscal control

  • with member state influence via the council and democratic legitimacy via parliment

political functions

• cfsp= works alongside the high rep playing a leading role in the eus external foreign affairs action

  • to adopt foreign polcy positions

  • to adopt security/defence measures

• international agreements= acts on proposals from the eu commission

  • authorises the opening of negotations

  • signs and concludes international agreements on behalf of the eu

• economic policy coordination= coordinates member states economic polciies within

  • economic governance frameworks eg stability mechanisms

  • ecofin configurations (economic and finance configuration)

the european council

established under article 15 teu and articles 235-236 tfeu

• originated informally created by the single european act emboyding the intergovernmental core of the eu

  • became a formal eu insitution under the treaty of lisbon

  • reflects its evolution from purely intergovernmental forum into a central consittional actor

• the highest political authority in the eu=defines the eus overall direction

  • sets political priorities = shapes long term policy ie climate goals and migration strategy

  • provides strategic guidance= guides the work of other insiuttions especially the council and commission

  • resolves deadlocks between member states

  • operates as a big pciture decision maker especially in times of crisis eg economic , enlargement, conitutional chanhe

• the european council does not excercise legislative functions as explictly stated in article 15 teu unlike the council of the european union

  • european council sets the direction, the commission proposes laws and the council of the eu makes the equivalent laws with parlaiment

coposition

the european council is composed of

• heads of state or government of each member state

  • members act in there national capacity representing their states not as independant eu officials= intergovernmental nature

  • ensures national leaders directly shape the trajectory of integration

• the president of the european council

• the european commission president

  • ensures representation from national leadership and eu level authority

additional participants= the following also attend meetings howeever these do not count as core members for decision making and do not vote

• the president of the european parl (oversight)

• the high representative of the union for fpsp

president of the european council

the president is appointed by the euopean council itself

• serves a 2.5 year terms renewable once (max 5 years)

  • this creates balance between continuity of leadership and regular polticial accountability

• appointment decision is taken by qualified majority voting to avoid single member states having a veto over appointment

• the council may end the mandate in cases of misconduct or failure to fulfil duties

the president must be indpedant from national government office

• cannot hold any national poltical office while serving to ensure indpendance from national intrests

the role of the president is divided into internal and external functions

• internal= within the eu system

  • chairs meetings of the european council

  • drives forward the work of the insitution

    • esnures preparation and continuity of agenders

    • ensures progress on strategic priorities

  • faciliates consensus building between nations

  • reports to the european parlaiment stregthening insitutional accountability

• externally= represents the eu at heads of state level internationally

  • engages in high level diplomacy during international summets

  • plays a role in cfsp contexts however must act in coordination with the high representative

    • represents the eu at the strategic poltical level but does not replace the high repin foreign policy executions

    • must respect the division of competences between strategic direction ec and external action HR

functioning

ordinary meetings= twice per semsester ie 4 times a year

• meeting dates are set at least one year in advance= ensures predictability in high level eu decision making

• each meeting is limited to a maximum of 2 days length = ensures efficiency in high level decision making

• core members attend but they may be accompanied by limited support avoiding bureaucratic expansion

  • each head may bring one national minister

  • the european commission president may bring one commissioner

extrardinary meetings= convened whenever necessary by the president ie crisis driven

• typically used in situations requiring urgent poltical responces

  • crises security issue economic shocks

confidentiality= all meetigs are held behind closed doors and are not public

• need for diplomatic discretion

• free poltical negotiation without pressure

• crisis management flexibility

decision making

primarily based on ifnormal agreement over formal voting between heads of state/gov reflecting its flexible function as the eus highest poltical body rathe than a lgislative insitution

• consensus= default rule

  • no formal vote is taken in most cases

  • decisions are adopted when no member state actively objects

    • allows for political compromise and preservation of national sensitivities

• unanimity= used in specific cases where treaties require formal agreement

  • every state has a veto power

  • abstentions to voting do not prevent adoption of a decision

  • lowers the threshold slightly conpared to strict unanimity rules in other eu contexts

• simple majority= used for procedural and organisational matters ie internal rules and admin

  • requires more than half of member states voting supporting the decision

• qualified majority voting= in limited cases on poltical sensetivities and national sovereignty

  • requires double majority system 55% member states ie 14 and 65% opulation

  • qurom requirement= for a meeting to be valid at least 2/3 member states must be present

  • president of the european council and commission may attend but do not vote in meetings

    • reinforces their neutral/ coordinating roles rather than national representation

competences

european council is primarily poltical meaning it does not adopt legislation or implement law/policy

• purely poltical competence= to define the overall poltical direction of the eu

  • sets eu pririoties

  • defines general poltical direction

  • provides strategic guidance for eu devlopment/integration

  • operates as a poltical steering body shaping the agenda for the commission and the council

• additional/exceptional roles= consesnus building= may intervene in certain sesentive areas where poltical resolution is required

  • criminal law= typically requires high level poltical agreement between member states

    • may become involved in resolving deadlocks or issues in eu criminal justice operation

  • social security disputes= reflects its role as a last resort poltical arbitrator

    • can intervne in disputes relating to social security coordination especially at request of member states

key comaprison

Role

• the council= legislative + decision making body

• european council= defines overall poltical direction

members

• the council= national ministers sector issue specific +presient

• european council= heads of state/gov+ president of council+ president of commission + particpators (ep +high rep)

legislative power

• the council yes co ligeslator with parlaiment

• european council= no

voting system

• the council= unaimity (sovereignty issues), simple majority (procedural), qmv (double majority for commission proposals and special for state proposals)

• europeam cpuncil= mainly consensus , simple majority (procedural), qmv (sovereignty)

function

• the council= law making and coordiantion of polcies

• european council= stretgic guidance ofr insitutions, agenda setting , crisis consensus direction

the council of the eu is part of the eus legislative machinary, shaping bidning eu law

the european council sits above the legilative process acting as the eus poltical steering body