The European Council

1
The European Council

• Origins, Composition, and Functions

2
Origins

• Hague Summit establishment of summitry in
  1970. European Political Cooperation II.
• Paris summit in December 1974 , decided to have
  regular meetings on what was to become the
  European Council.

3
Origins

• Justifications for the Paris decision
• Community institutions not working as well as
  they should. The first enlargement (Britain,
  Ireland, Denmark), would make things even more
  difficult in decision-making. Regular source of
  strategic direction made sense.
• Foreign ministers finding it difficult to
  coordinate the activities of a growing number of
  Council formations. Some member states, (France)
  were insisting that Community institutions should
  have no authority in this new activity.
• Introducing the heads of government and state as
  the ultimate source of authority was felt to be
  the only way to ensure coordination and
  consistency.

4
Composition

• Single European Act (SEA), recognizes the
  legality of the European council for the first
  time, and emphasizes the organization, rather
  than its functions
• The European Council shall bring together the
  heads of state and government of the member
  states, and the president of the Commission of
  the European Communities (non-voting).
• They shall be assisted by the ministers for
  Foreign Affairs and by a member of the
  Commission.
• The European Council shall meet twice a year.

5
Composition

• The 1992 Treaty of Maastricht establishes the
  European Council as a formal institution of the
  EU
• The European Council shall provide the Union with
  the necessary impetus for its development and
  shall define the general political guidelines
  thereof. Its composition was retained, and the
  head of state or government of the member state
  which holds the presidency of the Council, was to
  chair the meetings (be the president of the
  European Council).
• The European Council is not a Community
  institution, mentioned but separately from other
  institutions in the Common Provisions of the
  TEU.

6
Procedures

• Agenda prepared by member state civil servants,
  Commission officials, and officials of the
  council secretariat under the direction of the
  Council presidency.
• Informal agenda and a draft set of summit
  conclusions begin to take shape at meetings of
  Coreper and of other committees. The president
  sends a letter to the other participants
  outlining the agenda.
• The president of the Parliament makes a statement
  before the opening session setting forth the
  Parliaments views on the various agenda items
  (but does not attend the summit).

7
Procedures

• Most summits last two days. Official outcome
  Conclusions of the Presidency
• Factors that contribute to agenda setting power
• European Council is a meeting place for the heads
  of state or of government. It holds the Council
  liable for respecting its decisions and since
  the president of the Commission is present the
  same effect is expected of the Commission.
• Strictly speaking the conclusions of the
  presidency are not legally binding, but in fact
  they constitute a form of soft law which the
  Commission and the Council have to take into
  account and respect

8
Functions

• Political Guidance and impetus
• The European Council provides political guidance
  and impetus across the whole spectrum of Union
  activities.
• In Rome, 1975 initiate cooperation in the fight
  against terrorism and organized crime. In Lisbon
  2000 it opened up a new field of action in social
  affairs and economic policy.
• Since the Maastricht treaty the European Council
  focused on economic policy issues. Responsible
  for deciding if a member state qualifies for the
  adoption of the euro.

9
Functions

• Decision-making
• Treaty of Amsterdam (1997) provided for qualified
  majority voting in the European Council, when it
  comes to sanctioning a member that deviated from
  the EUs core values.
• The Treaty of Nice (2001), provided for qualified
  majority voting in the European Council for key
  EU appointments, (Commission president),
  Constitutional treaty (2005) provided for QMV in
  the European council in the selection of the EU
  president.

10
Functions

• The Constitutional treaty provided for an
  "emergency brake".
• The European Council is the decision-maker of
  last resort particularly when there is a deadlock
  in the sectoral council, and where the foreign
  ministers in the general affairs council are
  unable to reach an agreement (coordinate the
  other councils).

11
Functions

• Reporting on decision-making by the European
  Council
• Three-wise men report of 1979 European council
  should not allow regular decision-making to
  dominate its agenda unless it wants to become an
  extension of the Council of ministers.
• Dooge report of 1985 warned about the danger of
  the European council becoming yet another body
  that deal with day-to-day decisions.

12
Functions

• Solemn ratification Meetings have gradually
  become a place where formal ratification of
  important documents is enacted. Each European
  council endorses a series of documents, reports,
  and action plans.
• Ultimate negotiator Even though the heads of
  state and government have always played some role
  in treaty negotiations, the European Council has
  become the key forum for determining treaty
  reforms.
• External visibility European Councils have
  turned into huge media events, with over 1,500
  journalists covering important summits. Thus
  member governments have used meeting to deliver
  political messages to the outside world and
  expressing common positions on international
  affairs.

13
Questions

• What is the role of the European Council in
  setting the legislative agenda for the EU, and
  how important is it?
• What is the role or the European Council in
  decision-making in the EU, and how/why can it be
  problematic, or why not?