Two days ahead of the customary spring European Council (in exceptional times) we begin our presentation of the provisions regulating these summits.
The European Council ─ the meetings of heads of state or government of the EEC (later EC and then EU) member states ─ began as an unofficial gathering, adopted the name and regularity in 1974, and was later enshrined in the treaties (1986) and evolved into the ‘de facto’ arbiter of European Union affairs.
The Treaty of Lisbon would take this development one step further. The European Council is listed among the official EU institutions, right after the directly elected European Parliament (Article 13 of the amended Treaty on European Union, OJEU 9.5.2008 C 115/22).
***
Institutional framework and institutions
Under Title III Provisions on the institutions, the consolidated Treaty of Lisbon lays down the institutional framework and lists the institutions like this:
TITLE III
PROVISIONS ON THE INSTITUTIONS
Article 13 TEU
1. The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.
The Union's institutions shall be:
— the European Parliament,
— the European Council,
— the Council,
— the European Commission (hereinafter referred to as ‘the Commission’),
— the Court of Justice of the European Union,
— the European Central Bank,
— the Court of Auditors.
2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.
3. The provisions relating to the European Central Bank and the Court of Auditors and detailed provisions on the other institutions are set out in the Treaty on the Functioning of the European Union.
4. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.
***
In other words, we have to look for the powers of the European Council in the treaties.
Ralf Grahn
Showing posts with label 13 TEU. Show all posts
Showing posts with label 13 TEU. Show all posts
Monday, 16 March 2009
Wednesday, 11 March 2009
European Parliament: Hearing the European Council
The Treaty of Lisbon would formally make the European Council into one of the institutions of the European Union. Article 13 of the amended Treaty on European Union (TEU) mentions the European Council right after the European Parliament, and Article 15 TEU contains the main provisions on its tasks, membership and President.
This leads to other changes at treaty level and below.
***
Current treaty
The fourth paragraph of Article 197 of the Treaty establishing the European Community (TEC) lays down the principle that the European Parliament can hear the Council (which has both legislative and executive powers), but it does not mention the European Council:
“The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure.”
***
Lisbon Treaty
The corresponding provision of the Treaty of Lisbon is the third paragraph of Article 230 of the Treaty on the Functioning of the European Union (TFEU). The Council and its Rules of Procedure remain as before, but the European Council and its Rules of Procedure are added:
“The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.”
***
New Rules of Procedure
In practice, the head of government (or state) of and incoming Council Presidency presents the work programme before the European Parliament and then lauds the achievements during the six months at the helm before handing over the Presidency to the next member state.
Article 230 TFEU means that the European Council needs its own Rules of Procedure. Reporting from the meetings will become the task of the semi-permanent President, according to Article 15(6) TEU.
Preparatory work is needed to implement the Lisbon Treaty, should it enter into force.
***
Council information
The only more or less comprehensive public EU report emanating from the Council on preparatory work seems to be almost nine months old.
It is the ‘Progress report from the Presidency to the European Council ─ Preparatory work in view of the entry into force of the Lisbon Treaty’ from the Slovenian Council Presidency to the European Council 19 and 20 June 2008 (Council document 10650/08, 13 June 2008):
http://register.consilium.europa.eu/pdf/en/08/st10/st10650.en08.pdf
The Progress Report, which sampled a number of questions from Slovenia’s earlier and unpublished list, noted that a number of issues related to the entry into force of the Lisbon Treaty will require some form of agreement with the European Parliament (point 4).
Point 11 summarised the work undertaken on the Council’s and the European Council’s Rules of Procedure:
11. Rules of Procedure of European Council and Council (Articles 235 and 240 TFEU)
On the basis that the Council's Rules of Procedure should only be modified to the extent that this was needed as a result of the entry into force of the Lisbon Treaty, Permanent Representatives examined possible amendments to the existing Rules. Broad consensus was reached, subject to the inclusion of several provisions related to the division of labour between the GAC and the FAC and the preparation of European Council meetings, which it was agreed would be examined at a later stage.
Considerable progress was made on technical aspects of the European Council's Rules of Procedure; some other issues, related in particular to the preparation of European Council meetings, will require further work. A preliminary exchange of views focussed on the respective roles of those involved in the preparation of European Council meetings. There was broad support for the need for all of them to work closely together. A significant number of delegations underlined the need to ensure an adequate role in European Council meetings for the Head of State or Government of the Member State holding the Council presidency. These issues will require further work.
***
Preparatory work, progress reports and draft proposals are needed.
Ralf Grahn
This leads to other changes at treaty level and below.
***
Current treaty
The fourth paragraph of Article 197 of the Treaty establishing the European Community (TEC) lays down the principle that the European Parliament can hear the Council (which has both legislative and executive powers), but it does not mention the European Council:
“The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure.”
***
Lisbon Treaty
The corresponding provision of the Treaty of Lisbon is the third paragraph of Article 230 of the Treaty on the Functioning of the European Union (TFEU). The Council and its Rules of Procedure remain as before, but the European Council and its Rules of Procedure are added:
“The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.”
***
New Rules of Procedure
In practice, the head of government (or state) of and incoming Council Presidency presents the work programme before the European Parliament and then lauds the achievements during the six months at the helm before handing over the Presidency to the next member state.
Article 230 TFEU means that the European Council needs its own Rules of Procedure. Reporting from the meetings will become the task of the semi-permanent President, according to Article 15(6) TEU.
Preparatory work is needed to implement the Lisbon Treaty, should it enter into force.
***
Council information
The only more or less comprehensive public EU report emanating from the Council on preparatory work seems to be almost nine months old.
It is the ‘Progress report from the Presidency to the European Council ─ Preparatory work in view of the entry into force of the Lisbon Treaty’ from the Slovenian Council Presidency to the European Council 19 and 20 June 2008 (Council document 10650/08, 13 June 2008):
http://register.consilium.europa.eu/pdf/en/08/st10/st10650.en08.pdf
The Progress Report, which sampled a number of questions from Slovenia’s earlier and unpublished list, noted that a number of issues related to the entry into force of the Lisbon Treaty will require some form of agreement with the European Parliament (point 4).
Point 11 summarised the work undertaken on the Council’s and the European Council’s Rules of Procedure:
11. Rules of Procedure of European Council and Council (Articles 235 and 240 TFEU)
On the basis that the Council's Rules of Procedure should only be modified to the extent that this was needed as a result of the entry into force of the Lisbon Treaty, Permanent Representatives examined possible amendments to the existing Rules. Broad consensus was reached, subject to the inclusion of several provisions related to the division of labour between the GAC and the FAC and the preparation of European Council meetings, which it was agreed would be examined at a later stage.
Considerable progress was made on technical aspects of the European Council's Rules of Procedure; some other issues, related in particular to the preparation of European Council meetings, will require further work. A preliminary exchange of views focussed on the respective roles of those involved in the preparation of European Council meetings. There was broad support for the need for all of them to work closely together. A significant number of delegations underlined the need to ensure an adequate role in European Council meetings for the Head of State or Government of the Member State holding the Council presidency. These issues will require further work.
***
Preparatory work, progress reports and draft proposals are needed.
Ralf Grahn
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