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Introduction to the EU Council and Decision-Making (Week 6)

European Council

  • Gives the political direction of the EU; highest level political meetings of heads of state/government; strategic, executive-like authority.
  • Became an EU institution with the Lisbon Treaty in 2009 and is chaired by a permanent President on a 2.5 year term, renewable once.
  • Leads on big, history-making moments and can overcome inter-ministerial disagreements on key issues (e.g., budget negotiations).

The EU Council (Council of the European Union)

  • Represents the governments of the EU; meetings involve national ministers (e.g., agriculture, transport, environment).
  • Not the body that adopts EU laws; instead it adopts legislation together with the European Parliament via the Ordinary Legislative Procedure.
  • The Council has 27 ministers (per configuration) and works with the European Commission and the European Parliament to pass laws.
  • Presidency rotates every 6 months; another country leads each six months.

Council configurations

  • There are 10 configurations, each centered on a policy theme:
    1. General affairs (GAC)
    2. Foreign affairs (FAC)
    3. Economic and Financial Affairs (ECOFIN)
    4. Justice and Home Affairs (JHA)
    5. Employment, Social Policy, Health and Consumer Affairs (EPSCO)
    6. Competitiveness (COMPET)
    7. Transport, Telecommunications and Energy (TTE)
    8. Agriculture and Fisheries (AGFISH)
    9. Environment (ENV)
    10. Education, Youth, Culture and Sport (EYCS)
  • These configurations are distinct from the European Parliament committees; they coordinate ministerial work across the EU.
  • Key configurations often prepare dossiers for European Council meetings.

Presidency of the Council

  • Rotates every 6 months; the presiding member state's competent ministers chair the respective configurations.
  • The presidency has influence in:
    • Administrative tasks
    • Setting political priorities
    • Mediation between member states to resolve disputes
    • Representing the Council in the conciliation committee
  • Debate: rotation is both a vehicle for national influence and a potential workload challenge for small states.

COREPER (Committee of Permanent Representatives)

  • COREPER is the bridge between national governments and the Council.
  • Comprises permanent representatives (ambassadors) from member states.
  • Prepares Council meetings and conveys national views; acts as link between Brussels and national capitals.
  • Two levels: COREPER I (junior diplomats) and COREPER II (senior diplomats).
  • Supported by Working Groups and Specialized Committees.

Legislative process: Ordinary Legislative Procedure (OLP)

  • Lisbon Treaty established the norm: OLP with Qualified Majority Voting in the Council, and co-decision with the European Parliament.
  • Principle of parity between the Parliament and the Council; neither can adopt legislation without the other’s consent.
  • Roles:
    • European Commission proposes legislation.
    • European Parliament and Council adopt, amend, or reject the proposal.
    • The process creates the 'decision-making triangle' with three players: Commission, Parliament, and Council.

Decision-making in the Council: voting rules

  • Three voting systems:
    • Simple majority
    • Qualified Majority (QMV)
    • Unanimity
  • Default since the Lisbon Treaty: Qualified Majority Voting (QMV).
  • For a QMV, two conditions must be met simultaneously:
    • 55\% of member states vote in favour
    • States representing at least 65\% of the total EU population support the proposal
  • Practical example: in a 27-member-Council, a qualified majority requires at least 15 states and at least 65% of the population.
  • Unanimity is required for certain sensitive areas (e.g., CFSP, taxation, amendments to founding treaties).

Decision-making dynamics in the Council

  • Decisions are heavily influenced by national interests; ministers’ positions are often shaped by domestic politics.
  • Negotiations rely on compromise diplomacy and bargaining; there is no single supranational decision-maker equivalent to a national legislature.

The Council in practice: roles and checks

  • The European Council sets the EU’s priorities and overall direction but does not adopt EU laws.
  • The Council of the EU (the ministers’ council) adopts laws together with the European Parliament.
  • The arrangement emphasizes intergovernmental coordination among member states rather than centralized supranational authority in most areas.

Intergovernmentalism vs supranationalism

  • Intergovernmentalism: emphasis on cooperation between governments; decisions require state consent.
  • Supranationalism: decisions can be made at the EU level with limited direct national vetoes; the EU institutions have autonomous decision-making power in many areas.
  • The EU Council system embodies a mix: intergovernmental decision-making in many areas (Council of Ministers, CFSP), with supranational elements in the Parliament-Council legislative process.

The Council configurations: quick reference

  • 1) General Affairs Council (GAC)
  • 2) Foreign Affairs Council (FAC)
  • 3) Economic and Financial Affairs (ECOFIN)
  • 4) Justice and Home Affairs (JHA)
  • 5) Employment, Social Policy, Health and Consumer Affairs (EPSCO)
  • 6) Competitiveness (COMPET)
  • 7) Transport, Telecommunications and Energy (TTE)
  • 8) Agriculture and Fisheries (AGFISH)
  • 9) Environment (ENV)
  • 10) Education, Youth, Culture and Sport (EYCS)

Can the EU Council be an effective voice for national governments?

  • Key questions for last-minute review:
    • Does the EU Council remedy the democratic deficit by enhancing cross-border EU governance while preserving national input?
    • How has enlargement affected the EU Council’s dynamics and capacity to act?
    • Consider the balance between national sovereignty and EU-wide decision-making.