European Council

Established 1961 (informally)
2009 (formally)
Type EU institution
President Herman Van Rompuy
Seat Justus Lipsius building, Brussels
Website european-council.europa.eu
European Union

This article is part of the series:
Politics and government of
the European Union
[[|v]]·[[|d]]·e

The European Council is the institution of the European Union (EU) responsible for defining the general political direction and priorities of the Union.[1] It comprises the heads of state or government of EU member states, along with its President and the President of the Commission. The High Representative takes part in its meetings, which are chaired by its President:[1] currently Herman Van Rompuy.

While the European Council has no formal legislative power, it is an institution that deals with major issues and any decisions made are "a major impetus in defining the general political guidelines of the European Union". The Council meets at least twice every six months;[1] usually in the Justus Lipsius building, the headquarters of the Council of the European Union in Brussels.[2][3][4]

History

The first Councils were held in February and July 1961 (in Paris and Bonn respectively). They were informal summits of the leaders of the European Community and were started due to then-French President Charles de Gaulle's resentment at the domination of supranational institutions (e.g. the European Commission) over the integration process. The first influential summit was held in 1969 after a series of irregular summits. The Hague summit of 1969 reached an agreement on the admittance of the United Kingdom into the Community and initiated foreign policy cooperation (the European Political Cooperation) taking integration beyond economics.[1][5]

The summits were only formalised in the period between 1974 and 1988. At the December summit in Paris in 1974, following a proposal from then-French President Valéry Giscard d'Estaing, it was agreed that more intergovernmental, political input was needed following the "empty chair crisis" and economic problems. The inaugural European Council, as it had become, was held in Dublin on 3 October and 3 November 1975 during Ireland's first Presidency of the Council of the European Union. In 1987, it was included in the treaties for the first time (the Single European Act) and had a defined role for the first time in the Maastricht Treaty. At first only two meetings per year were required, now there are on average four European Councils each year (two per presidency). The seat of the Council was formalised in 2002, basing it in Brussels. In addition to usual councils, there are the occasional extraordinary councils as for example in 2001 when the European Council gathered to lead the EU's response to the 11 September attacks.[1][5]

The meetings of the Council are seen by some as turning points in the history of the European Union. For example:[1]

As such, the European Council had already existed before it gained the status as an institution of the European Union with the entering into force of the Treaty of Lisbon. Indeed, Article 214(2) of the Treaty establishing the European Community provided (before it was amended by the Treaty of Lisbon) that ‘the Council, meeting in the composition of Heads of State or Government and acting by a qualified majority, shall nominate the person it intends to appoint as President of the Commission’ (emphasis added); this may be seen as an early codification of the European Council in the Treaties. In the event, Article 2 of the Treaty of Lisbon officially introduces the term European Council as a substitute for the phrase "Council [of the European Union] meeting in the composition of the Heads of State or Government", which was previously used in the treaties to refer to this body.[7]

The Treaty of Lisbon made the European Council a formal institution distinct from the Council of the EU, and created the present permanent presidency. As an outgrowth of the Council of the EU, the European Council followed the same Presidency by rotating between each member state. While the Council of the EU retains that system, the European Council established, with no change in powers, a system of appointing an individual (without them being a national leader) for two-and-a-half-years.[8] Following the ratification of the treaty in December 2009, the European Council elected the then-Prime Minister of Belgium Herman Van Rompuy as its first permanent President (resigning from Belgian Prime Minister).[9]

Powers and functions

The European Council is an official institution of the EU, mentioned by the Lisbon Treaty as a body which "shall provide the Union with the necessary impetus for its development". Essentially it defines the EU's policy agenda and has thus been considered to be the motor of European integration. It does this without any formal powers, only the influence it has being composed of national leaders.[1][3] Beyond the need to provide "impetus", the Council has developed further roles; to "settle issues outstanding from discussions at a lower level", to lead in foreign policy — acting externally as a "collective Head of State", "formal ratification of important documents" and "involvement in the negotiation of the treaty changes".[4][5]

Since the institution is composed of national leaders, it gathers the executive power of the member states and has thus a great influence outside established areas as for example foreign policy. It also exercises some executive powers such as the appointment of its own President, the President of the European Commission, and the High Representative. Moreover, the European Council influences police and justice planning, the composition of the Commission, matters relating to the rotating presidency, the suspension of membership rights, and changing the voting systems through the Passerelle Clause. Although the European Council has no direct legislative power, under the "emergency brake" procedure, a state outvoted in the Council of Ministers may refer contentious legislation to the European Council. However, the state may still be outvoted in the European Council.[8][10][11] Hence with powers over the supranational executive of the EU, in addition to its other powers, the European Council has been described by some as the Union's "supreme political authority".[4][5][8][12]

Composition

The European Council consist of the heads of state or government of the member states, alongside its own President and the Commission President (non-voting). The meetings used to be regularly attended by the national foreign minister as well, and the Commission President likewise accompanied by another member of the Commission. However, since the Treaty of Lisbon reclassified inter-member state relations as domestic rather than international politics, foreign ministers are no longer regular attendees. When present though, these are the attendants seen in the "family photo" taken at each Council.[1][3][4]

Meetings can also include other leading national positions (e.g., the French Prime Minister), as required. The Secretary-General of the Council is also a regular attendee as is his or her deputy; the position had become highly important due to its regular role in organising the meetings while also (before the Lisbon treaty took effect) acting as the High Representative. The President of the European Parliament usually attends to give an opening speech outlining the European Parliament's position before talks begin.[1][3][4]

Additionally, the negotiations involve a large number of other people working behind the scenes. Most of those people, however, are not allowed to the conference room, except for two delegates per state to relay messages. At the push of a button members can also call for advice from a Permanent Representative via the "Antici Group" in an adjacent room. The group is composed of diplomats and assistants who convey information and requests. Interpreters are also required for meetings as members are permitted to speak in their own languages.[1]

As the composition is not precisely defined, some states which have a considerable division of executive power can find it difficult to decide who should attend the meetings. While an MEP, Alexander Stubb argued that there was no need for the President of Finland to attend Council meetings with or instead of the Prime Minister of Finland (who was head of European foreign policy).[13] In 2008, having become Finnish Foreign Minister, Stubb was forced out of the Finnish delegation to the emergency council meeting on the Georgian crisis because the President wanted to attend the high profile summit as well as the Prime Minister (only two people from each country can attend the meetings). This was despite Stubb being head of the Organisation for Security and Co-operation in Europe at the time which was heavily involved in the crisis. Problems also occurred in Poland where the President of Poland and the Prime Minister of Poland were of different parties and had a different foreign policy response to the crisis.[14]