The composition of the European Council would undergo one change under the Treaty of Lisbon. The President of the European Council would become a member, according to Article 15(2) of the amended Treaty on European Union (TEU).
The head of state or government of each member state would still be a member, as would the President of the Commission, as under the current Article 4 TEU.
Article 15(2) TEU (Lisbon)
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.
(OJEU 9.5.2008 C 115/23)
***
Members first class
The heads of state or government would vote, if and when the European Council makes a decision by voting.
***
Members second class
The President of the European Council (chairman) and the President of the Commission do not have the vote, according to Article 235(1) of the Treaty on the Functioning of the European Union (TFEU).
***
High Representative
The High Representative of the Union for Foreign Affairs and Security Policy would take part in the work of the European Council.
The Council meets in different configurations, of which the existing General Affairs and External Relations Council (GAERC) mentioned in Article 2 of the Council’s Rules of Procedure is most closely linked to the European Council through its coordinating functions and its subject matter, external relations.
The Treaty of Lisbon splits the GAERC into two different Council configurations: the coordinating General Affairs Council (GAC) and the Foreign Affairs Council (FAC) (Article 16(6) TEU Lisbon).
(Preparatory work is needed for the implementation of the Lisbon Treaty.)
The High Representative chairs the Foreign Affairs Council (FAC), which means that it would be represented at the meetings of the European Council without the Foreign Ministers of the member states (Article 27(1) TEU Lisbon).
As we will see, this has immediate consequences, but it may have interesting long term implications as well.
Ralf Grahn
Showing posts with label 4 TEU. Show all posts
Showing posts with label 4 TEU. Show all posts
Friday, 20 March 2009
Tuesday, 17 March 2009
European Council: Tasks
The current Article 4 of the Treaty on European Union (TEU) uses a sweeping formula to describe the tasks of the European Council (OJEU 29.12.2006 C 321 E/12):
Article 4 TEU
The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.
***
General tasks
Impetus and general political guidelines cover all areas crucial for the development of the European Union. Without being an institution in the formal sense, the European Council is arguably the most important body setting the course for the European Union.
Its conclusions have set treaty reforms and other major developments in motion, but it also sets the limits to what the EU can achieve, taking into account the severe restrictions caused by consensus (unanimous) decision making.
***
Specific tasks
Besides the general guidelines there are some provisions on specific tasks for the European Council.
***
Reporting
According to the third paragraph of Article 4 TEU the European Council reports to the European Parliament after each meeting and annually:
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 Union.
***
Meeting report
The Presidency Conclusions issued at the end of each European Council are the main instrument to communicate the results, but a livelier version is offered when the member state holding the Council Presidency reports to the European Parliament.
***
Annual report
Subsidiarity and proportionality
According to the Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997) the Commission has an obligation to report annually on the application of Article 5 TEC. According to point 10 the European Council shall take account of the Commission report within the report on the progress achieved by the Union which it is required to submit to the European Parliament in accordance with Article 4 of the Treaty on European Union.
***
CFSP and CSDP
The intergovernmental European Council makes the crucial decisions pertaining to the common foreign and security policy (CFSP), including the common security and defence policy (CSDP), according to Article 13(1) and (2) TEU:
1. The European Council shall define the principles of and general guidelines for the common foreign and security policy, including for matters with defence implications.
2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States have important interests in common.
***
European defence
If and when the progressive development of a common defence policy leads to a common (European) defence, the decision is taken by the European Council, according to Article 17(1) TEU:
1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.
***
CFSP referral to the European Council
The decisions under Title V on the common foreign and security policy are basically taken unanimously by the Council, but with the possibility for a member state to abstain (Article 23(1) TEU).
Where the treaty foresees a decision by qualified majority, an opposing member state can use the so called emergency brake on grounds of important reasons of national policy. It must state its reasons and request that the matter be referred to the European Council for decision by unanimity (Article 23(2) TEU):
2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
— when adopting joint actions, common positions or taking any other decision on the basis of a common strategy,
— when adopting any decision implementing a joint action or a common position,
— when appointing a special representative in accordance with Article 18(5).
If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity.
-----
***
Enhanced cooperation in criminal matters
A referral to the European Council is possible with regard to a decision to establish enhanced cooperation in an area of police and judicial cooperation in criminal matters (Title VI). The detour delays but does not stop the decision, if the requirements are fulfilled (Article 40a(2) TEU):
A member of the Council may request that the matter be referred to the European Council. After that matter has been raised before the European Council, the Council may act in accordance with the first subparagraph of this paragraph.
***
Enhanced cooperation generally
Enhanced cooperation between member states in an area referred to in the Treaty establishing the European Community can be referred to the European Council, but it does not stop the pioneering group from moving ahead after the discussion (Article 11(2) TEC):
A member of the Council may request that the matter be referred to the European Council. After that matter has been raised before the European Council, the Council may act in accordance with the first subparagraph of this paragraph.
***
Broad economic policy guidelines
The European Council formulates conclusions on the broad economic policy guidelines (BEPGs), according to Article 99(2) TEC.
The spring (March) European Council is traditionally the venue for economic policy and reform, including the BEPGs and the Lisbon Agenda for Growth and Jobs.
In a union with a (partly) common currency, but with national fiscal and economic policies, the European Council meeting starting tomorrow 18 March 2009 has its plate full in the middle of the serious financial crisis and economic recession.
This time the conclusions would have to be ground-breaking, if the European Council wants to turn the tide:
2. The Council shall, acting by a qualified majority on a recommendation from the Commission, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Community, and shall report its findings to the European Council.
The European Council shall, acting on the basis of the report from the Council, discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Community.
-----
***
ECB reporting
Article 113(3) TEC adds the European Council to the addressees of reporting by the European Central Bank (ECB), almost as an afterthought:
3. The ECB shall address an annual report on the activities of the ESCB and on the monetary policy of both the previous and current year to the European Parliament, the Council and the Commission, and also to the European Council. The President of the ECB shall present this report to the Council and to the European Parliament, which may hold a general debate on that basis.
***
Joint employment report
The European Council adopts conclusions (during its spring meeting) on the joint employment report by the Council and the Commission, according to Article 128(1) TEC:
1. The European Council shall each year consider the employment situation in the Community
and adopt conclusions thereon, on the basis of a joint annual report by the Council and the
Commission.
***
Conclusion
The European Council has set in motion the major developments of the European Union during the last decades, but the construction is plagued by inadequate rules, highlighted by the recession.
Given that, what can we expect from the next two days?
Ralf Grahn
Article 4 TEU
The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.
***
General tasks
Impetus and general political guidelines cover all areas crucial for the development of the European Union. Without being an institution in the formal sense, the European Council is arguably the most important body setting the course for the European Union.
Its conclusions have set treaty reforms and other major developments in motion, but it also sets the limits to what the EU can achieve, taking into account the severe restrictions caused by consensus (unanimous) decision making.
***
Specific tasks
Besides the general guidelines there are some provisions on specific tasks for the European Council.
***
Reporting
According to the third paragraph of Article 4 TEU the European Council reports to the European Parliament after each meeting and annually:
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 Union.
***
Meeting report
The Presidency Conclusions issued at the end of each European Council are the main instrument to communicate the results, but a livelier version is offered when the member state holding the Council Presidency reports to the European Parliament.
***
Annual report
Subsidiarity and proportionality
According to the Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997) the Commission has an obligation to report annually on the application of Article 5 TEC. According to point 10 the European Council shall take account of the Commission report within the report on the progress achieved by the Union which it is required to submit to the European Parliament in accordance with Article 4 of the Treaty on European Union.
***
CFSP and CSDP
The intergovernmental European Council makes the crucial decisions pertaining to the common foreign and security policy (CFSP), including the common security and defence policy (CSDP), according to Article 13(1) and (2) TEU:
1. The European Council shall define the principles of and general guidelines for the common foreign and security policy, including for matters with defence implications.
2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States have important interests in common.
***
European defence
If and when the progressive development of a common defence policy leads to a common (European) defence, the decision is taken by the European Council, according to Article 17(1) TEU:
1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.
***
CFSP referral to the European Council
The decisions under Title V on the common foreign and security policy are basically taken unanimously by the Council, but with the possibility for a member state to abstain (Article 23(1) TEU).
Where the treaty foresees a decision by qualified majority, an opposing member state can use the so called emergency brake on grounds of important reasons of national policy. It must state its reasons and request that the matter be referred to the European Council for decision by unanimity (Article 23(2) TEU):
2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
— when adopting joint actions, common positions or taking any other decision on the basis of a common strategy,
— when adopting any decision implementing a joint action or a common position,
— when appointing a special representative in accordance with Article 18(5).
If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity.
-----
***
Enhanced cooperation in criminal matters
A referral to the European Council is possible with regard to a decision to establish enhanced cooperation in an area of police and judicial cooperation in criminal matters (Title VI). The detour delays but does not stop the decision, if the requirements are fulfilled (Article 40a(2) TEU):
A member of the Council may request that the matter be referred to the European Council. After that matter has been raised before the European Council, the Council may act in accordance with the first subparagraph of this paragraph.
***
Enhanced cooperation generally
Enhanced cooperation between member states in an area referred to in the Treaty establishing the European Community can be referred to the European Council, but it does not stop the pioneering group from moving ahead after the discussion (Article 11(2) TEC):
A member of the Council may request that the matter be referred to the European Council. After that matter has been raised before the European Council, the Council may act in accordance with the first subparagraph of this paragraph.
***
Broad economic policy guidelines
The European Council formulates conclusions on the broad economic policy guidelines (BEPGs), according to Article 99(2) TEC.
The spring (March) European Council is traditionally the venue for economic policy and reform, including the BEPGs and the Lisbon Agenda for Growth and Jobs.
In a union with a (partly) common currency, but with national fiscal and economic policies, the European Council meeting starting tomorrow 18 March 2009 has its plate full in the middle of the serious financial crisis and economic recession.
This time the conclusions would have to be ground-breaking, if the European Council wants to turn the tide:
2. The Council shall, acting by a qualified majority on a recommendation from the Commission, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Community, and shall report its findings to the European Council.
The European Council shall, acting on the basis of the report from the Council, discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Community.
-----
***
ECB reporting
Article 113(3) TEC adds the European Council to the addressees of reporting by the European Central Bank (ECB), almost as an afterthought:
3. The ECB shall address an annual report on the activities of the ESCB and on the monetary policy of both the previous and current year to the European Parliament, the Council and the Commission, and also to the European Council. The President of the ECB shall present this report to the Council and to the European Parliament, which may hold a general debate on that basis.
***
Joint employment report
The European Council adopts conclusions (during its spring meeting) on the joint employment report by the Council and the Commission, according to Article 128(1) TEC:
1. The European Council shall each year consider the employment situation in the Community
and adopt conclusions thereon, on the basis of a joint annual report by the Council and the
Commission.
***
Conclusion
The European Council has set in motion the major developments of the European Union during the last decades, but the construction is plagued by inadequate rules, highlighted by the recession.
Given that, what can we expect from the next two days?
Ralf Grahn
Monday, 16 March 2009
European Council: Members and tasks
We turn to the composition and the tasks of the European Council as laid down in the existing treaties and the European Union’s Treaty of Lisbon.
***
Current treaty
Article 4 of the existing Treaty on European Union (TEU) lays down the tasks and the composition of the European Council (in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/12).
The words impetus and guidelines indicate the guiding role of the European Council. The public guidance is summed up in a consensus paper, the Presidency Conclusions formally issued by the member state holding the Council Presidency.
The results are reported to the European Parliament after each meeting by the Council Presidency.
In principle, there is one member from each member state, either the head of state (France and perhaps some other member states with a presidential system) or more commonly the head of government (prime minister).
In some countries the relations are ambiguous or at least contested. Thus, there have been public spats between the president and prime minister of Poland.
Finland is one example of an ambiguous relationship, where the president wants to hold on to a leadership role in foreign policy while the government is responsible for EU affairs. This has led to situations described as the problem of “two plates” (at the dinners). Meanwhile the foreign minister has been exiled from the meeting room.
Article 4 TEU
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 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 Union.
***
Lisbon Treaty
Article 13 of the Treaty on European Union (TEU), as amended by the Lisbon Treaty, would elevate the European Council to the role of an official EU institution, and Article 15 TEU builds on this to give more detailed provisions on this institution.
Still the European Council does not exercise legislative function, but it makes binding decisions on a number of issues.
The basic membership remains the same, although the President is added to the Commission President (both without votes). The second paragraph clarifies that the High Representative participates in the meetings.
Four regular meetings annually (twice every six months) codifies existing practice, where the current treaty says ‘twice a year’.
The real novelties are in paragraphs 5 and 6: the elected President of the European Council (not of the European Union). The office has been unanimously agreed, but the role of the future President is contested.
Here is the text of Article 15 TEU, as presented in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/23):
Article 15 TEU
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.
***
Lisbon Treaty implementation
Preparatory work is needed in case the Treaty of Lisbon enters into force. The role and the perquisites of the President of the European Council need to be hammered out.
Progress reports and (alternative) draft proposals are eagerly awaited.
Ralf Grahn
***
Current treaty
Article 4 of the existing Treaty on European Union (TEU) lays down the tasks and the composition of the European Council (in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/12).
The words impetus and guidelines indicate the guiding role of the European Council. The public guidance is summed up in a consensus paper, the Presidency Conclusions formally issued by the member state holding the Council Presidency.
The results are reported to the European Parliament after each meeting by the Council Presidency.
In principle, there is one member from each member state, either the head of state (France and perhaps some other member states with a presidential system) or more commonly the head of government (prime minister).
In some countries the relations are ambiguous or at least contested. Thus, there have been public spats between the president and prime minister of Poland.
Finland is one example of an ambiguous relationship, where the president wants to hold on to a leadership role in foreign policy while the government is responsible for EU affairs. This has led to situations described as the problem of “two plates” (at the dinners). Meanwhile the foreign minister has been exiled from the meeting room.
Article 4 TEU
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 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 Union.
***
Lisbon Treaty
Article 13 of the Treaty on European Union (TEU), as amended by the Lisbon Treaty, would elevate the European Council to the role of an official EU institution, and Article 15 TEU builds on this to give more detailed provisions on this institution.
Still the European Council does not exercise legislative function, but it makes binding decisions on a number of issues.
The basic membership remains the same, although the President is added to the Commission President (both without votes). The second paragraph clarifies that the High Representative participates in the meetings.
Four regular meetings annually (twice every six months) codifies existing practice, where the current treaty says ‘twice a year’.
The real novelties are in paragraphs 5 and 6: the elected President of the European Council (not of the European Union). The office has been unanimously agreed, but the role of the future President is contested.
Here is the text of Article 15 TEU, as presented in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/23):
Article 15 TEU
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.
***
Lisbon Treaty implementation
Preparatory work is needed in case the Treaty of Lisbon enters into force. The role and the perquisites of the President of the European Council need to be hammered out.
Progress reports and (alternative) draft proposals are eagerly awaited.
Ralf Grahn
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