Saturday 21 March 2009

Lisbon Treaty & European Council: Decisions by unanimity

The European Council takes a number of decisions by unanimity, according to the Treaty of Lisbon (OJEU 9.5.2008 C 115).

The European Council determines the existence of a serious and persistent breach by a Member State of the European Union’s founding values (Article 7(2) TEU).

The European Council adopts by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament (Article 14(2) TEU).

If a member state applies the emergency brake with regard to a decision on foreign and security policy (CFSP), the European Council takes the decision by unanimity (Article 31(2) TEU).

With regard to the simplified revision procedure mentioned in Article 48 TEU, the European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council acts by unanimity, but the decision does not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.

The European Council shall act by unanimity when it adopts a decision authorising the Council to act by a qualified majority in an area or in a case providing for unanimity under the Treaty on the Functioning of the European Union or Title V TEU (external action, CFSP, excluding decisions with military implications or those in the area of defence) (Article 48(7) TEU).

Ralf Grahn

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