The complexity of the European Union appears, when devising the (provisional) agendas of the Council meetings. Not only the national governments, but the national parliaments, require their periods of grace before certain items can be placed on the agenda.
Legislative procedures are time-consuming.
***
Protocol on national parliaments
Protocol (No 9) on the role of national parliaments in the European Union lays down a system of scrutiny for the national parliaments (excerpt):
I. Information for national parliaments of Member States
1. All Commission consultation documents (green and white papers and communications) shall be promptly forwarded to national parliaments of the Member States.
2. Commission proposals for legislation as defined by the Council in accordance with Article 207(3) of the Treaty establishing the European Community, shall be made available in good time so that the government of each Member State may ensure that its own national parliament receives them as appropriate.
3. A six-week period shall elapse between a legislative proposal or a proposal for a measure to be adopted under Title VI of the Treaty on European Union being made available in all languages to the European Parliament and the Council by the Commission and the date when it is placed on a Council agenda for decision either for the adoption of an act or for adoption of a common position pursuant to Article 251 or 252 of the Treaty establishing the European Community, subject to exceptions on grounds of urgency, the reasons for which shall be stated in the act or common position.
***
In other words, the national parliaments dispose of a six week period to make up their mind about a legislative proposal or a proposal relating to police and judicial cooperation in criminal matters.
Under the Lisbon Treaty, this period would be extended to eight weeks (Protocol No 1; Article 4).
***
Council’s Rules of Procedure
The Council agenda has to observe this period. Only a unanimous decision on the grounds of urgency allows for an exception to be made:
Article 3(3) Council’s Rules of Procedure
3. Items relating to the adoption of an act or a common position on a legislative proposal or a proposal for a measure to be adopted under Title VI of the Treaty on European Union (hereinafter referred to as the EU Treaty) shall not be placed on the provisional agenda for a decision until the six-week period provided for in point 3 of the Protocol on the role of national parliaments in the European Union has elapsed.
The Council may unanimously derogate from the six-week period where the entry of an item is subject to the exception on grounds of urgency provided for in point 3 of that Protocol.
Ralf Grahn
Showing posts with label meeting. Show all posts
Showing posts with label meeting. Show all posts
Tuesday, 26 May 2009
Monday, 25 May 2009
European Union: Council meetings (II) Venues
Formally, the Council of the European Union is convened by its President in accordance with Article 204 of the Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, published OJEU 29.12.2006 C 321 E/136.
Under the Treaty of Lisbon, the corresponding provision would be Article 237 of the Treaty on the Functioning of the European Union (TFEU), published in the consolidated version of the Lisbon Treaty OJEU 9.5.2008 C 115/153.
***
Venues
Just as the member states have fixed the seat of the European Parliament and twelve monthly sessions, including the budget session, in Strasbourg, they have ordained the seat of the Council and the venues of its meetings at treaty level.
In the Lisbon Treaty it is Protocol (No 6) on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union. Point (b) of the Sole Article says:
“The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its meetings in Luxembourg.”
***
Council’s Rules of Procedure
Originally published OJEU 16.10.2006 L 285/47, the latest consolidated version of Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure is of 1 January 2009.
Article 1 of the Council’s Rules of Procedure reiterates the treaty level provisions, but it also gives an indication of the advance programming of Council meetings and offers the possibility to hold meetings outside Brussels or Luxembourg:
Article 1
Notice and venue of meetings
1. The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.
2. Seven months before the beginning of its term of office, after consulting the Presidencies preceding and following its term of office where appropriate, the Presidency shall make known the dates which it envisages for meetings that the Council will have to hold in order to complete its legislative work or take operational decisions.
3. The Council shall have its seat in Brussels. During the months of April, June and October the Council shall hold its meetings in Luxembourg.
In exceptional circumstances and for duly substantiated reasons, the Council or the Committee of Permanent Representatives (hereinafter referred to as Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere.
***
Meeting calendar
The upcoming Swedish EU Council Presidency has published a meeting calendar for the second half of 2009 (latest update 3 April 2009).
***
Informal Council meetings
The Council makes legislative and other decisions at its formal meetings, but in addition the Ministers regularly take part in informal meetings. These are often arranged in the country holding the rotating Council Presidency.
The upcoming Swedish EU Council Presidency has published a separate list of the informal Council meetings planned for the second half of 2009.
In addition, various international meetings, other meetings and conferences are arranged during a Council Presidency.
Ralf Grahn
Under the Treaty of Lisbon, the corresponding provision would be Article 237 of the Treaty on the Functioning of the European Union (TFEU), published in the consolidated version of the Lisbon Treaty OJEU 9.5.2008 C 115/153.
***
Venues
Just as the member states have fixed the seat of the European Parliament and twelve monthly sessions, including the budget session, in Strasbourg, they have ordained the seat of the Council and the venues of its meetings at treaty level.
In the Lisbon Treaty it is Protocol (No 6) on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union. Point (b) of the Sole Article says:
“The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its meetings in Luxembourg.”
***
Council’s Rules of Procedure
Originally published OJEU 16.10.2006 L 285/47, the latest consolidated version of Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure is of 1 January 2009.
Article 1 of the Council’s Rules of Procedure reiterates the treaty level provisions, but it also gives an indication of the advance programming of Council meetings and offers the possibility to hold meetings outside Brussels or Luxembourg:
Article 1
Notice and venue of meetings
1. The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.
2. Seven months before the beginning of its term of office, after consulting the Presidencies preceding and following its term of office where appropriate, the Presidency shall make known the dates which it envisages for meetings that the Council will have to hold in order to complete its legislative work or take operational decisions.
3. The Council shall have its seat in Brussels. During the months of April, June and October the Council shall hold its meetings in Luxembourg.
In exceptional circumstances and for duly substantiated reasons, the Council or the Committee of Permanent Representatives (hereinafter referred to as Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere.
***
Meeting calendar
The upcoming Swedish EU Council Presidency has published a meeting calendar for the second half of 2009 (latest update 3 April 2009).
***
Informal Council meetings
The Council makes legislative and other decisions at its formal meetings, but in addition the Ministers regularly take part in informal meetings. These are often arranged in the country holding the rotating Council Presidency.
The upcoming Swedish EU Council Presidency has published a separate list of the informal Council meetings planned for the second half of 2009.
In addition, various international meetings, other meetings and conferences are arranged during a Council Presidency.
Ralf Grahn
Tuesday, 12 May 2009
European Union: Council meetings (I)
In a European Union based on member states, the European Council consisting of heads of state or government and the Council consisting of ministers form the decisive tandem.
When intergovernmental dealing leads nowhere, they can always accuse a weakened Commission of weakness in guarding the common interest.
***
Council meetings
The existing Treaty establishing the European Community (TEC) has a short and quite formal provision on Council meetings. The President is the responsible government minister of the member state holding the rotating Council presidency.
He can act of his own accord or on the request of a member state. or the Commission (the latest consolidated version of the treaties, published OJEU 29.12.2006 C 321 E/136):
Article 204 TEC
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Original Lisbon Treaty
In the original Treaty of Lisbon (ToL), point 190 repealed Articles 202 and 203, and point 191 concerned amendments to Article 205 TEC.
In other words, no specific amendments were made to Article 204 TEC (OJEU 17.12.2007 C 306/104).
***
Consolidated Lisbon Treaty
After renumbering the provision became Article 237 of the Treaty on the Functioning of the European Union in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/153):
SECTION 3
THE COUNCIL
Article 237 TFEU
(ex Article 204 TEC)
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Structural differences
The wording is the same in the current and the Lisbon Treaty, but one notable difference is introduced by the Lisbon Treaty concerning the President. The Foreign Affairs Council (FAC) will be chaired by the double-hatted High Representative, while the rotating Council presidency continues to chair the other Council configurations.
We take one step backwards, to remind us of the main differences between the treaties.
In the current TEC, the tasks of the Council are described in an incomplete manner.
The Treaty of Lisbon locates the main institutional provisions in the amended TEU. The Council’s tasks, composition, qualified majorities, main configurations, Coreper, meetings in public and Presidency are at least mentioned in Article 16 of the amended Treaty on European Union. (We have discussed various aspects in previous posts.)
The Lisbon Treaty is more readable for the general reader. More technical provisions are located in the TFEU, although both treaties are equally binding.
***
Meetings are important enough to merit further presentation. We will look at details in a later blog post.
Ralf Grahn
When intergovernmental dealing leads nowhere, they can always accuse a weakened Commission of weakness in guarding the common interest.
***
Council meetings
The existing Treaty establishing the European Community (TEC) has a short and quite formal provision on Council meetings. The President is the responsible government minister of the member state holding the rotating Council presidency.
He can act of his own accord or on the request of a member state. or the Commission (the latest consolidated version of the treaties, published OJEU 29.12.2006 C 321 E/136):
Article 204 TEC
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Original Lisbon Treaty
In the original Treaty of Lisbon (ToL), point 190 repealed Articles 202 and 203, and point 191 concerned amendments to Article 205 TEC.
In other words, no specific amendments were made to Article 204 TEC (OJEU 17.12.2007 C 306/104).
***
Consolidated Lisbon Treaty
After renumbering the provision became Article 237 of the Treaty on the Functioning of the European Union in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/153):
SECTION 3
THE COUNCIL
Article 237 TFEU
(ex Article 204 TEC)
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Structural differences
The wording is the same in the current and the Lisbon Treaty, but one notable difference is introduced by the Lisbon Treaty concerning the President. The Foreign Affairs Council (FAC) will be chaired by the double-hatted High Representative, while the rotating Council presidency continues to chair the other Council configurations.
We take one step backwards, to remind us of the main differences between the treaties.
In the current TEC, the tasks of the Council are described in an incomplete manner.
The Treaty of Lisbon locates the main institutional provisions in the amended TEU. The Council’s tasks, composition, qualified majorities, main configurations, Coreper, meetings in public and Presidency are at least mentioned in Article 16 of the amended Treaty on European Union. (We have discussed various aspects in previous posts.)
The Lisbon Treaty is more readable for the general reader. More technical provisions are located in the TFEU, although both treaties are equally binding.
***
Meetings are important enough to merit further presentation. We will look at details in a later blog post.
Ralf Grahn
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