Topic 5

EU Institutional Framework – Part II

Council and European Council
DR. MARIA PATRIN
UNIVERSITÀ DEGLI STUDI DI FIRENZE

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Firenze, 6 Marzo 2020

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Council of the EU
https://www.consilium.europa.eu/
en/

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 Article 16 TEU

1. The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and
coordinating functions as laid down in the Treaties.

2. The Council shall consist of a representative of each Member State at ministerial level, who may commit the government of the Member
State in question and cast its vote.

3. The Council shall act by a qualified majority except where the Treaties provide otherwise.

As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of
them and representing Member States comprising at least 65 % of the population of the Union. A blocking minority must include at least
four Council members, failing which the qualified majority shall be deemed attained. The other arrangements governing the qualified
majority are laid down in Article 238(2) TFEU. (…)

6. The Council shall meet in different configurations, the list of which shall be adopted in accordance with Article 236 TFEU. The General
Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to
meetings of the European Council, in liaison with the President of the European Council and the Commission. The Foreign Affairs Council shall
elaborate the Union's external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union's
action is consistent.

A Committee of Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the
Council.
The Council shall meet in public when it deliberates and votes on a draft legislative act. To this end, each Council meeting shall be divided into
two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities.

9. The Presidency of Council configurations, other than that of Foreign Affairs, shall be held by Member State representatives in the Council
on the basis of equal rotation, in accordance with the conditions established in accordance with Article 236 [TFEU].

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Member States’ representatives at ministerial level

Single legal entity, which meets in different configurations

no hierarchy between configurations

however, 2 are permanent (GAC and FAC)

Composition
European Council adopts list of additional configurations

at present, 10 configurations

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 Council configurations
• General Affairs;
• Foreign Affairs;
• Economic and Financial Affairs;
• Justice and Home Affairs;
• Employment, Social Policy, Health and Consumer
Affairs;
• Competitiveness (Internal Market, Industry, Research
and Space);
• Transport, Telecommunications and Energy;
• Agriculture and Fisheries;
• Environment;
• Education, Youth, Culture and Sport.
https://www.consilium.europa.eu/en/council-eu/configurations/

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Presidency
• Rotation mechanism between Member States
• System of “trios” (18 months, 6 month per State of the trio), which sets the long-
term agenda – e.g. France, the Czech Republic and Sweden
• Exception: Foreign Affairs Council chaired by the High Representative
• Main tasks of the presidency:
• Planning and chairing the meetings
• Representing the Council in the relations with other EU institutions
• Negotiating legislation

For video & more info: https://www.consilium.europa.eu/it/council-eu/presidency-council-eu/

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French Presidency

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 FAC: High Representative
Since the Lisbon Treaty:

• High Representative for Foreign Affairs and Security Policy:

Josep Borrell (ES)

• Permanent Chair of the Foreign Affairs Council (FAC)

• Also a Vice-President of the European Commission (double

hat)

• As the EU's chief diplomat he is charged with shaping and

carrying out the EU's foreign, security and defence policies

• He heads the EU's diplomatic corps, the European External

Action Service (EEAS).

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 The Eurogroup
• Informal body, yet recognized by the Treaties: Art. 137 TFEU + Protocol No 14 to
the Lisbon Treaty

• Ministers from the euro area member states discuss Euro related matters as well as
broader issues that have an impact on the fiscal, monetary and structural policies of
the euro area member states

• Its main task is to ensure close coordination of economic policies among the euro
area member states and promote conditions for stronger economic growth.
Paschal Donohoe,
• Permanent president (2,5 years)
President of the
• Composition: euro area members – sometimes other countries are invited Eurogroup
• Crucial in euro area crisis and pandemics

• Relation with ECOFIN

• Issues with transparency

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 Tasks of the Council of the EU
• Legislative function, often jointly with EP (ordinary legislative procedure)
• Meetings are public
• Budgetary function, together with the EP
• Conclusion of international agreements/ accession treaties
• Coordination of some Member States’ policies
• Development of CFSP

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 COREPER
• Several preparatory bodies: specialised working
groups and committees)
• Committee of the Permanent Representatives of
the Member States to the EU (COREPER) Working Coreper
Council
Groups Negotiates
• Article 240(1) TFEU Initial preliminary
Adopts
decisions
screening deals
• Preliminary scrutiny of the Council’s dossiers
• Not a decision-making body, but influential role
on Council’s activity
• COREPER I and COREPER II

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Voting system
• Simple majority (14 member states vote in favour)
• Qualified majority (55% of Member States, representing at
least 65% of the EU population, vote in favour)
• Blocking minority: negative vote from at least four
Council members representing more than 35% of the
EU population
• (special cases) ‘Reinforced qualified majority': at least
72% of Council members vote in favour and they
represent at least 65% of the EU population
• Unanimous vote (all votes are in favour)

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European Council
https://www.consilium.europa.eu/
en/

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 History
• Since ‘60s, European
Summits
• 1974 Paris Summit
• Progressive
institutionalization
• 1986 Single European Act
• 1992 Maastricht Treaty
• 2007 Lisbon Treaty
https://www.consilium.europa.eu/e
n/history/?filters=2031

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 Art. 15 TEU – European Council
1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and
priorities thereof. It shall not exercise legislative functions.

2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of
the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.

3. The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European
Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the
situation so requires, the President shall convene a special meeting of the European Council.

4. Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.

5. The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an
impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure.

6. The President of the European Council: (a) shall chair it and drive forward its work; (b) shall ensure the preparation and continuity of the work of the
European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council; (c) shall endeavour to
facilitate cohesion and consensus within the European Council; (d) shall present a report to the European Parliament after each of the meetings of the
European Council.

The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its
common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.

The President of the European Council shall not hold a national office.

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Composition
• Heads of State or Government of each
MS
• President of the European Council
• President of the Commission

• Participation of ministers/commissioner
• Role of High Representative for Foreign
Affairs and Security Policy
• Role of the President of the European
Parliament

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Presidency
• Before Lisbon Treaty , meetings chaired by the MS holding the presidency of the
Council
• Present (same solution as Constitutional Treaty)
• President elected by the European Council
• Qualified majority
• Terms of 2 and a half years, renewable once
• Same procedure for termination of mandate
• Impediment/serious misconduct
• S/he cannot hold a national mandate
• Several, important tasks, including
• convening, preparing (together with Commission’s president and GAC), chairing
meetings (regular and special ones)
• facilitating consensus
• external representation of the Union (CFSP)

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 Presidents of the European Council
Herman Van Rumpuy Charles Michel
First permanent President
of the European Council. Third permanent President of the European Council.
From 1 December 2009 to 30 From 1 December 2019
November 2014

Second permanent President of the European Council

From 1 December 2014 to 30 November 2019

Donald Tusk
https://www.consilium.europa.e
u/en/european-
https://www.consilium.europa.eu/en/european-council/former-euco-presidents/ council/president/

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The Sofagate https://www.bbc.com/news/av/world-europe-56668347

Is there a clash with the

President of the
Commission?
Shared executive
power

One single President?

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Meetings
• Ordinary meetings twice per semester, in
Brussels
• Special meetings, not necessarily in
Brussels
• Convened, prepared and chaired by the
President
• Eurosummit: limited to heads of
State/Gov. of Eurozone Member States +
President + Commisson’s President

Informal meeting, Versailles, 10-11 March 2011

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Institutional role and specific tasks
• Necessary impetus for EU development Role as per
• General political directions and priorities the Treaties
• Not formally involved in EU law making, but influential role
• Conclusions of the Presidency: sets the framework for EU action
• Crucial role for overcoming deadlocks in EU decision making
• Role in appointment procedures
• President of the European Council
• President of the European Commission/Commission
• High Representative of the Union for Foreign Affairs and Security Policy
• 6 members of ECB Executive Board (President, Vice-President, 4 additional members)
• Configurations of the Council
• Central role in procedures such as accession of new MSs/Treaty revision/Article 7 TEU’s sanction mechanism
/withdrawal of a MS from the EU
• Important role in CFSP/CSDP
• Economic governance, including MFF

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Decision-making
• General rule: consensus
• Conclusions of the Presidency
• Decisions
• When Treaties so require: formal vote (cfr. Art. 235 TFEU)
• Unanimity or qualified majority
• President and President Commission don’t vote
• If unanimity is required, abstention is not obstacle
(unlike absence)

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“ I T IS N O E X AGGE RATION TO SAY TH AT, S I N C E 1 9 7 5, M OST OF TH E M A JOR
POLITICA L D ECISIONS OF TH E E U ROPEAN COM M U N I TY H AV E B E E N TA K E N I N
THE E UROPEAN COUN CIL ” Westlake and Galloway

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