Week 2: The European Council and the Council of the European Union

Question 1

The European Council

Answer 1

• They are the union’s supreme decision-maker (however, does not have powers to adopt legislations)
• Exercises power through EU institutions
• Take crucial decisions: policy, money, and institutional developments
• Intergouvernmental institution

Question 2

Most important rule regarding the European Council’s membership

Answer 2

The European Council shall consist of the Heads of the State or Government of the Member States, togethe with its President and the President of the Commission (The treaty of Lisbon)

Political executive represents a country

Question 3

Institutionalizing the European Council

Answer 3

Turned it from an informal and somewhat ad-hoc forum for heads of state or government into a formal institution with a clearly defined role in shaping the EU’s strategic direction

Question 4

Chefsache: the Five roles of the European Council

Answer 4

1. The crisis manager
2. The impasse-breaker
3. The strategist
4. The shaper
5. The collective head of state

The urgency and sensitivity of issues

Role of the European Council is defined not by policy areas, but by particular moments and situations

Question 5

The crisis manager

Answer 5

Seperately and together the European Council members have the authority to take quick and far-reaching decisions that go beyond existing frameworks.

International crisis: e.g., conflicts between states
Internal crisis: euro, migration, pandemic

Question 6

The impasse-breaker

Answer 6

When EU institutions cannot find solutions to the common issues within the given institutional framework. The European Commission can overcome this impasse and push the proposal through.

Question 7

The Strategist

Answer 7

The European Council has been the prime source of political impetus (impulse) in EU decision-making in relation to a number of new policy areas.
(e.g., European Defense Agency)

Question 8

The shaper

Answer 8

The European Council as the guardian of ‘the rules of the game through Institutional changes and enlargement decisions (agendapunten neerzetten)

Question 9

The collective head of State

Answer 9

The role of the European Council as the joint voice and representative of the EU on the world stage.

Question 10

The relation between the European Council and the European Commission (Principal-agency)

Answer 10

Tasks are delegated to an independent executive, such as the European Commission, by the European Council, to reduce transaction costs, ensure neutral enforcement, and pursue the collective interest.

Question 11

The relation between the European Council and the Council

Answer 11

Straightforward relationship:
The European Council is composed of the heads of state, it’s individual members all have certain authority over their own ministers.

Question 12

The relationship between the European Council and the European Parliament

Answer 12

Complicated relationship:
- There is no direct line of accountability between them
- The European Parliament, deriving it’s power in relation to other institutions from it’s direct electoral mandate and it’s legislative powers, at times looks with suspicion at the European Council as an actor moving outside it’s orbit.

Question 13

The Council of the European Union

Answer 13

• An intergouvernmental EU institution where ministers from member states meet to adopt EU legislation and coordinate policies.

Question 14

Council’s dual mandate (1)

Answer 14

• Legislative institution: the Council, together with the European Commission and the European Parliament, is one of the three core EU institutions of routine policymaking
• Executive institution: Coordinator of member state and EU-level policies

Question 15

Council’s dual mandate (2)

Answer 15

The treaty of Lisbon: “The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policymaking and coordination functions as laid down in the Treaties

The Council is part of bicameral EU Legislature

Question 16

The ordinary Legislative Procedure (OLP)

1/2 definition

Answer 16

The ordinary legislative procedure in which the European Commission initiates legislation and the European Parliament and the Council of the European Union decide together.

Question 17

The Ordinary Legislative procedure

2/2 how it works pas aan

Answer 17

• Community method of decision-making: The European Commission proposes a draft legislative act, the Council and the European Parliament decides.
• The final decision becomes EU laws, which the Commission and the Court of Justice guard.
• The Council cannot ammend Commission proposals prior to voting on them for the first time (unless by unanimity)
• The legislative acts pass in a first reading when and if the Council follows the position of the EP
• A second reading and conciliation process with participation of the Commission, plus a third reading are foreseen in case of repeated non-agreement between the Council and the EP

Question 18

Qualified-majority Voting (QMV)

Answer 18

-Applies for the majority of EU legislative acts
- Member states voting in favour need to represent at least 55% of the representatives in the Council, who need to come from at least 15 member states, while these member states’ share in the total of EU population needs to be 65% or more. (Double majority).

Question 19

Consensus is

Answer 19

An agreement reached by means of consultation, in which involved parties adopt a common position.