European Council

The European Council

Description

The European Council is one of the 7 EU institutions. However, it is not one of the EU's
legislating bodies, so does not negotiate or adopt EU laws. Instead its main role is to determine
the EU's general political direction and priorities - essentially setting the policy agenda for
the EU.

Traditionally, this is done by adopting conclusions during each European Council meeting.
These conclusions identify specific issues of concern for the EU and outline particular actions
to take or goals to reach. European Council conclusions can also set a deadline for reaching
agreement on a particular item or for the presentation of legislative proposal. In this way, the
European Council is able to influence and guide the EU's policy agenda.

Europa , the European Union website, gives Internet surfers an enthusiastic description of the
European Council. It occupies a unique place in European Union decision making Currently
only the European Council can really give the European Union a shot in the arm It plays a
vital role in all European Union fields of activity whether it be by giving impetus to the Union, or
defining general political guidelines, or by coordinating, arbitrating or disentangling difficult
questions It has acquired such importance and legitimacy today that it is difficult to imagine
that there was a time when it did not exist.

High appreciation of the European Council is partly founded on the consideration that it has been
working better than the rest of the institutional apparatus of the EU. It has, in a significant
number of cases, been able to find solutions where normal Council procedures were failing. Over
the years it has effectively fulfilled a coordinating role that foreign ministers in the General
Affairs Council were less and less able to ensure. It was heads of government who were
ultimately able to solve existential crises such as the British budgetary debate in the seventies
and eighties. They alone could launch major new initiatives such as monetary union (Hanover
1988) or enlargement (Copenhagen 1993). Basically the history of the European Council, since
its creation in 1975, is widely judged to be a success story.
While the European Council has no formal legislative power, it is a strategic (and crisis-solving)
body that provides the union with general political directions and priorities, and acts as a
collective presidency. The European Commission remains the sole initiator of legislation, but the
European Council is able to provide an impetus to guide legislative policy.

How does the European Council work?

It usually meets 4 times a year but the President can convene additional meetings to address
urgent issues.

It generally decides issues by consensus but by unanimity or qualified majority in some cases.
Only the heads of state/government can vote.
Short history

The European Council developed from informal summit meetings of the leaders of the Member
States in the early 1970s. It was given a legal existence in 1992 by the Maastricht Treaty. What is
now Article 4 of the EU Treaty provides that:
The European Council shall provide the Union with the necessary impetus for its
development and shall define the general political guidelines thereof.

The European Council shall bring together the Heads of State or Government of the Member
States and the President of the [European] Commission. They shall be assisted by the
Ministers for Foreign Affairs of the Member States and by a Member of the Commission.
The European Council shall meet at least twice a year, under the chairmanship of the Head
of State or Government of the Member State which holds the Presidency of the Council.
The European Council shall submit to the European Parliament a report after each of its
meetings and a yearly written report on the progress achieved by the [European] Union.

The European Councils Conclusions

European Council conclusions are adopted during each European Council meeting. They are
used to identify specific issues of concern for the EU and outline particular actions to take or
goals to reach. European Council conclusions can also set a deadline for reaching agreement on a
particular item or for the presentation of legislative proposal. In this way, the European Council
is able to influence and guide the EU's policy agenda.

Ahead of the European Council meeting, the President of the European Council drafts guidelines
for the conclusions. These are then discussed at the General Affairs Council and later adopted at
the European Council meeting. Conclusions are adopted by consensus between all EU member
states.

A strategic agenda for the EU

At its meeting in Brussels on 27 June 2014, the European Council agreed on five priority areas
to guide the EU's work over the next five years. These priorities are set out in a document called
the 'Strategic agenda for the Union in times of change'. This strategic agenda will be used to plan
the work of the European Council and also acts as a basis for the work programmes of other EU
institutions.
1. Jobs, growth and competitiveness

The European Council outlines the need to encourage growth, increase investments, create
more and better jobs, and encourage reform to increase competitiveness. Specific actions
include:

completion of the digital single market by 2015

improving SME's access to finance and investment

improved infrastructure investment

completion of the negotiations on the Transatlantic Trade and Investment Partnership

(TTIP) by 2015

increasing euro area governance and economic policy coordination

2. Empowering and protecting citizens

The European Council highlights priorities that would unlock opportunities for EU citizens, as
well as deal with issues such as poverty and social exclusion. Particular actions include:

continuing the drive against youth unemployment

action to deal with tax evasion and tax fraud

3. Energy and climate policies

The European Council underlines the need to lower dependency on fuel and gas imports and to
build affordable, secure and sustainable energy within the EU. The main priorities include:

completion of the EU energy market

diversification of EU energy supplies and routes and the development of energy

infrastructure

setting ambitious climate change targets for 2030 and continuing to lead the fight against
climate change

4. Freedom, security and justice

The European Council emphasises the importance of good EU cooperation on security issues
like terrorism and managing migration flows. Specific priorities set by the European Council
include:

better management of all aspects of migration, including irregular migration, asylum and
border management

preventing and combating organised crime, corruption and terrorism

improving judicial cooperation between EU countries

5. The EU as a strong global actor

The European Council calls on the EU to ensure its strong engagement in world affairs,
highlighting in particular the following priorities:

ensuring consistency between member states' and EU foreign policy goals

promoting stability, prosperity and democracy in the countries closest to the EU

engaging global partners on a wide range of issues such as trade, cyber security, human
rights and crisis management

strengthening the EU's common security and defence policy

Roles of the European Council

The European Council plays an important role in certain appointment procedures for high
profile EU level roles. In particular, it is responsible for:

electing the President of the European Council

The European Council elects its own president. This requires a qualified majority. The president
holds the post for a 2.5 year term, renewable once.

proposing the President of the European Commission

Following the European Parliament elections, the European Council has to propose a candidate
for the post of President of the European Commission. When deciding on their candidate, the
European Council takes into account the result of the European Parliament election.
The European Parliament has to approve the proposed candidate by a majority of its members (a
minimum of 376 MEPs). If the European Council's candidate doesn't get a majority approval in
the Parliament vote, the European Council has to propose a new candidate. This has to be done
within a month of the failed vote in the Parliament.

The European Parliament then uses the same procedure - majority vote of all MEPs - to approve
the new proposed candidate.

This procedure is set out in article 171 of the Treaty on European Union (TEU).

appointing the High Representative of the Union for Foreign Affairs and Security Policy

The European Council is responsible for appointing the High Representative of the Union for
Foreign Affairs and Security Policy. The decision on the proposed candidate requires a qualified
majority.

The European Council can also decide to end the high representative's 5 year term of office,
again with a qualified majority.

This procedure is set out in article 182 of the TEU.

officially appointing the entire body of Commissioners

The European Council officially appoints the entire European Commission. The Parliament votes
on the body of Commissioners - the Commission President, the high representative and the other
Commissioners - using the consent method (majority of votes cast).

Once the Parliament has given its consent, the European Council officially appoints the
European Commission. The European Council's decision requires a qualified majority.

This procedure is set out in article 17 of the TEU.

appointing the Executive Board of the European Central Bank (ECB), including the ECB
president

The European Council appoints all 6 members of the Executive Board of the European Central
Bank (ECB), which includes both the ECB President and Vice-President, plus 4 other members.

The European Council takes its decision on the basis of a Council recommendation. It also
consults the European Parliament and the ECB's Governing Council (composed of the 6
1 Art. 17: http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-3-provisions-on-the-institutions/86-
article-17.html

2Art. 18: http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-3-provisions-on-the-institutions/85-

article-18.html
members of the Executive Board, plus the governors of the central banks of the 19 euro area
countries). The European Council then takes its decision through a qualified majority vote.

This procedure is set out in article 2833 of the Treaty on the Functioning of the EU (TFEU).

3 Art. 283: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN#page=122

Bibliography
http://europa.eu/european-union/about-eu/institutions-bodies/european-council_en
http://europa.eu/european-union/documents-publications/official-
documents_en#european_council
https://www.publications.parliament.uk/pa/cm200708/cmselect/cmeuleg/86/86.pdf
http://www.consilium.europa.eu/en/european-council/role-nominations-appointments/
http://www.consilium.europa.eu/en/history/?taxId=600
http://www.consilium.europa.eu/en/european-council/
http://data.consilium.europa.eu/doc/document/ST-34-2016-INIT/en/pdf
Schoutheete, Ph. (2001) The European Council, in The Institutions of the European Union,
edited by John Peterson and Michael Shackleton, Oxford University Press.
Prof. dr. Klaus-Dieter Borchardt The ABC of European Union Law, Luxembourg: Publications
Office of the European Union, 2010
Art 17
1. The Commission shall promote the general interest of the Union and take appropriate initiatives to
that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions
pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice
of the European Union. It shall execute the budget and manage programmes. It shall exercise
coordinating, executive and management functions, as laid down in the Treaties. With the exception of
the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the
Union's external representation. It shall initiate the Union's annual and multiannual programming with
a view to achieving interinstitutional agreements.
2. Union legislative acts may only be adopted on the basis of a Commission proposal, except where the
Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where
the Treaties so provide.
3. The Commission's term of office shall be five years.
The members of the Commission shall be chosen on the ground of their general competence and
European commitment from persons whose independence is beyond doubt.
In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice
to Article 9 E(2), the members of the Commission shall neither seek nor take instructions from any
Government or other institution, body, office or entity. They shall refrain from any action incompatible
with their duties or the performance of their tasks.
4. The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31
October 2014 shall consist of one national of each Member State, including its President and the High
Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-
Presidents.
5. As from 1 November 2014, the Commission shall consist of a number of members, including its
President and the High Representative of the Union for Foreign Affairs and Security Policy,
corresponding to two thirds of the number of Member States, unless the European Council, acting
unanimously, decides to alter this number.
The members of the Commission shall be chosen from among the nationals of the Member States on
the basis of a system of strictly equal rotation between the Member States, reflecting the demographic
and geographical range of all the Member States. This system shall be established unanimously by the
European Council in accordance with Article 211a of the Treaty on the Functioning of the European
Union.
6. The President of the Commission shall:
(a) lay down guidelines within which the Commission is to work;
(b) decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently
and as a collegiate body;
(c) appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and
Security Policy, from among the members of the Commission.
A member of the Commission shall resign if the President so requests. The High Representative of the
Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in
Article 9 E(1), if the President so requests.
7. Taking into account the elections to the European Parliament and after having held the appropriate
consultations, the European Council, acting by a qualified majority, shall propose to the European
Parliament a candidate for President of the Commission. This candidate shall be elected by the
European Parliament by a majority of its component members. If he does not obtain the required
majority, the European Council, acting by a qualified majority, shall within one month propose a new
candidate who shall be elected by the European Parliament following the same procedure.
The Council, by common accord with the President-elect, shall adopt the list of the other persons
whom it proposes for appointment as members of the Commission. They shall be selected, on the
basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph
3, second subparagraph, and paragraph 5, second subparagraph.
The President, the High Representative of the Union for Foreign Affairs and Security Policy and the
other members of the Commission shall be subject as a body to a vote of consent by the European
Parliament. On the basis of this consent the Commission shall be appointed by the European Council,
acting by a qualified majority.
8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with
Article 201 of the Treaty on the Functioning of the European Union, the European Parliament may vote
on a motion of censure of the Commission. If such a motion is carried, the members of the Commission
shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy
shall resign from the duties that he carries out in the Commission.
Art 18
1. The European Council, acting by a qualified majority, with the agreement of the President of the Commission, shall appoint the High
Representative of the Union for Foreign Affairs and Security Policy. The European Council may end his term of office by the same procedure.
2. The High Representative shall conduct the Union's common foreign and security policy. He shall contribute by his proposals to the
development of that policy, which he shall carry out as mandated by the Council. The same shall apply to the common security and defence
policy.
3. The High Representative shall preside over the Foreign Affairs Council.
4. The High Representative shall be one of the Vice-Presidents of the Commission. He shall ensure the consistency of the Union's external action.
He shall be responsible within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the
Union's external action. In exercising these responsibilities within the Commission, and only for these responsibilities, the High Representative
shall be bound by Commission procedures to the extent that this is consistent with paragraphs 2 and 3.
Background
The High Representative of the Union for Foreign Affairs and Security Policy is "double-hatted":
o Council - responsible for the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy
(CSDP).
o Commission - responsible for coordinating the Commission's external actions, including external trade, development
cooperation and humanitarian aid.
The High Representative will chair the Foreign Affairs Council.
The High Representative is responsible for ensuring the consistency of the EU's external actions as a whole. The definition of
consistency was debated extensively during the 2004 intergovernmental conference. Certain EU Member States wanted the High
Representative to be responsible for ensuring the 'consistency of external relations with the CFSP'. This approach would have
subordinated the Commission's external policies (external trade, development cooperation and humanitarian aid) to the CFSP and to
the Councill. It was eventually rejected.
Comments
The High Representative is responsible for the CFSP and the CSDP within the Council but not for all of the Commission's extenal
competences. (S)he is only responsible for ensuring that all of the EU's external policies are consistent and coordinated. The policy
areas of external trade, development cooperation and humanitarian aid continue to be defined and implemented separately by other
members of the Commission.
The final wording of the fourth paragraph of Article 18: 'consistency of the Union's external action', preserves the integrity of the
Commission's external policies.
Article 18(4) also confirms the status of development cooperation and humanitarian aid as independent policies.

Art 283

1. The European Council, acting by a qualified majority, with the agreement of the President of the Commission, shall appoint the High
Representative of the Union for Foreign Affairs and Security Policy. The European Council may end his term of office by the same procedure.

2. The High Representative shall conduct the Union's common foreign and security policy. He shall contribute by his proposals to the
development of that policy, which he shall carry out as mandated by the Council. The same shall apply to the common security and defence
policy.

3. The High Representative shall preside over the Foreign Affairs Council.

4. The High Representative shall be one of the Vice-Presidents of the Commission. He shall ensure the consistency of the Union's external action.
He shall be responsible within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the
Union's external action. In exercising these responsibilities within the Commission, and only for these responsibilities, the High Representative
shall be bound by Commission procedures to the extent that this is consistent with paragraphs 2 and 3.

Background

The High Representative of the Union for Foreign Affairs and Security Policy is "double-hatted":

o Council - responsible for the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy
(CSDP).

o Commission - responsible for coordinating the Commission's external actions, including external trade, development
cooperation and humanitarian aid.

The High Representative will chair the Foreign Affairs Council.

The High Representative is responsible for ensuring the consistency of the EU's external actions as a whole. The definition of
consistency was debated extensively during the 2004 intergovernmental conference. Certain EU Member States wanted the High
Representative to be responsible for ensuring the 'consistency of external relations with the CFSP'. This approach would have
subordinated the Commission's external policies (external trade, development cooperation and humanitarian aid) to the CFSP and to
the Councill. It was eventually rejected.
Comments

The High Representative is responsible for the CFSP and the CSDP within the Council but not for all of the Commission's extenal
competences. (S)he is only responsible for ensuring that all of the EU's external policies are consistent and coordinated. The policy
areas of external trade, development cooperation and humanitarian aid continue to be defined and implemented separately by other
members of the Commission.

The final wording of the fourth paragraph of Article 18: 'consistency of the Union's external action', preserves the integrity of the
Commission's external policies.

Article 18(4) also confirms the status of development cooperation and humanitarian aid as independent policies.