The European Council

Origins and Development• What? 1 of 7 European Union Institutions

- Initially a series of informal meetings• When? Officially institutionalised on December 1st 2009 with the

Treaty of Lisbon- meetings held: 2 to 3 times a year

• Where? Justus Lipsius Building in Brussels

With the accession of Bulgaria and Romania and lastly Croatia the number of member

states is now 28

EstablishmentExtract from the 1974 Paris communique

Recognising the need for an overall approach to the internal problems involved in achieving European unity and the external problems facing Europe, the Heads of Government consider it essential to ensure progress and overall consistency in the activities of the Communities and in the work on policy cooperationThe Heads of Government have therefore decided to meet, accompanied by the Ministers of Foreign Affairs, three times a year and, whenever necessary, in the Council of the Communities and in the context of political cooperation.The administrative secretariat will be provided for in an appropriate manner with due regard for existing practices and procedures.

Objective of the European CouncilThe Lisbon Treaty article 15 sets out the objective for the European

Council: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.

Membership – Participation and Structure

Development• 1986 – the European Council given legal recognition for the

first time via the Single European Act 1957 (first major revision of the Treaty of Rome)• Treaty of the European Union - assigned responsibility for

identifying the general direction of the EU’s development • Given important powers in the Common Foreign and Security

Policy (CFSP) pillar

Lisbon Treaty - creates the role of the President of the European Council President Herman Van Rompuy

Participation• National Delegation (20 people) + Commission

Members• two formal members/ delegation • the Council Secretary General• the Council Deputy Secretary General• a very small number of the Council Presidency• the Council Secretariat• National civil servants – only one adviser/country at

any one time; and interpreters

Structure2 tiers of membership

1. Heads of State or Government2. President of the Commission, Foreign Ministers and members of

the Commission who provide assistance

2002 Seville Summit:

‘Each delegation shall have two seats in the meeting room’ (Euro Council, 2002a: Annex III – Rules for Organisation of the Proceedings of the Euro Council)

The European Council president• The creation of the post• The treaty provisions on the post• The appointment of the first occupant of the post

Organisation • Frequency, location and length of the summits• Preparing summits• Setting the agenda• The conduct of business

•The creation of the post

Prior to the Lisbon treaty:Presidency of the European council

the presidency of the council of ministers

Advantages: injection of innovative dynamics Every member state has the chance to be in the spot lightDisadvantages: Never-ending turnovers Side-effect of national politics

The European council president

The European Council president

•The treaty provisions on the post

Article 15 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.EN 30.3.2010 Official Journal of the European Union C 83/23 The President of the European Council shall not hold a national office.

1.Range of responsibilities and tasks is not

clear

2.No specific power

3.Former seniors are okay

4.Elected by qualified

majority vote

5.Potential tension with

other EU posts

•The appointment of the first occupant of the post in terms of the nature of the post and who should be appointed to, there are two views:

Bolder view:More vigorous leadership and enable the EU to act more effectively and dynamically on the world stageBig hitter: a serving or a former head of government with forceful personality

Felipe Gonzalez Tony Blair

Meeker view:competent politician who is good at mediating and chairingJan Peter BalkenendeJean-Claude JunckenHerman Van Rompuy

Organisation

•Frequency, location and length of summitsFrequency:1. From the Maastricht treaty

until the entry into force of the Lisbon treaty: at least twice a year

2. From late 1990s: often 3 or4 meetings per year

3. 2002 seville summit:regularized the de facto situation of four summits per year

4. Lisbon treaty:made it a treaty requirement that there should be four meetings in a year

Location:1. Up to 2001, held in the country of

the presidency2. the 2000 IGC annexed a declaration

to the nice treaty stipulation3. late 2009:Brussels move completed

Length:1. Standard model two day

period 2. 2002 seville summit

changed the arrangement3. Most conducted much

like their predecessors4. Depends largely on the

reason for which they have been called

•Preparing summits

Prior to the Lisbon treaty……

The presidency and the GAERC

After the creation of the new postion

The new post-Lisbon rules of procedure of the European council provision:

Head of government of the council presidency state, the commission president, and the general affairs council also get involved in preparation.

Standard procedure

Senior officials from the presidency

Secretariat of the council of ministers

Antici group commission

COREPER

In the case of CFSP matters through PSC

GAERC

•Setting the agenda

Agenda-making circumstances:

• invariable issues because of its intrinsic importance

• contextual environment• Issues towards which some member

states are sympathetic• The need to make or formalize

institutional changes• Issues requiring EC resolution, or

approval• Business left over from or referred

from previous summit• Reports that need to be considered or

at least noted

Economic social

environmental situation

particular policy area potentially troublesome mattersparticularly urgent matters

More summits focused around specific themes and issues will be held

•The conduct of business

Variation

Arise from contents of agenda

Much less with the semi-permanent presidents

unanimity

Consequence of political choice and necessities

De facto situation given treaty status by the Lisbon treaty

Activities of the European CouncilVaries, according to preferences and changing circumstances

Trend:

Acting as the ‘Board of Directors’ ?• Setting overall framework and taking decisions about major initiatives• BUT leaving operation of pronouncements and other decisions for management

team (here, Commission and Council of Ministers)

1970sIntegration,

Economic/MonetaryIssues

Early 1980sDecision Making

Late 1980sGeneral Direction,

Community Development

The Six “Main” Activities of the European Council

1. The Evolution of the EU

• Monitoring, setting framework

2. ‘Constitutional’ and Institutional Matters

• Decisions relating to treaty development and reform• Decisions involving institutional

matters• Decisions regarding personnel

-> QMV if necessary

3. Economic and Monetary Policies of the EU

• Review overall economic and social situation within the EU• Trend: National interest Economic

policy coordination• EMU + Lisbon Strategy for

economic growth and employment• 2008, Global Financial and

Economic Crisis• Approved European Economic

Recovery Plan, Dec 2008 Summit

Article 121 TFEU“The European Council shall, acting on the basis of [a draft report] from the Council [of Ministers] discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Union” (174)

-> Regulation of Financial markets-> Speeding up progress by Commissions and Member States

4. Enlargements

• Wide range of enlargement matters discussed in European Council Meetings

2004 enlargement• June ’93 Copenhagen: CEECs could become members• Dec ‘94 Essen: pre-accession strategy• ’97 Luxembourg: confirmation of negotiation starting

date, 5 CEECs + Cyprus• ’99 Helsinki: negotiation date extended, 5 CEECs +

Malta• Dec ’02 Copenhagen: 10 States completed accession

negotiations• May ’04: Joined EU

Consider Applications

Authorize opening of negotiations

MonitorProgress

Set accession dates

Deal with issues during accession

process

5. External Relations

1. Consider EU’s relation with other economic powers (US, Russia, Japan..)Coordinate EU’s position in international negotiations

2. Guiding role on direction of foreign and security policy (Maastricht Treaty)

3. Issue declarations on important international political affairs (“soft” power)

6. Specific Internal Policy Issues

Why the European Council?• Sensitive issues and require to be

dealt by authority• Issues suitable for institutions

with non-sectoral nature• Issues that require sense of being

dealt with

Involvement of the European Council in these issues:• Policy initiation• Policy involvement

Tackling issues unsolved by the Council of Ministers• Acting as a “final court of appeal”

for policies that were declined in the Council of Ministers

The functions of the European UnionSummary• Acts as a forum for building

mutual understanding and confidence between the governments of the EU member states• Identifies medium- and long-term

EU goals• Acts as a policy initiator and

dispenser of guidelines

• Contributes to the coordination of EU policy goals and activities• Acts as a decision-maker,

including matters that have been unresolved by the Council of Ministers

No legislative roles Added to the intergovernmental element

Dealing with the “big picture”

The European Council and the EU SystemImplications on the role and functions of other EU institutions

• The Commission compensated for undermining, given permission to enter political discussions etc.• The Council of Ministers lost power

BUT no rigid hierarchical relation between institutions, no clear division of roles, most matters initially go through the Council of Ministers before the European Council

• The European Parliament lost powerLittle input by the EP into the European Council• Few implications on the Court of

Justice