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EU Council; Institutional System, Apuntes de Derecho de la Unión Europea

Universidad Complutense de Madrid (UCM)Derecho de la Unión Europea
Prof. Ferrer Covadonga

Communitarian Law EU Council; Institutional System

Tipo: Apuntes

2018/2019

Subido el 24/01/2019

2211-17
2211-17 🇪🇸

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EU Institutional System: EC!
Communitarian Law!
3. EU INSTITUTIONAL SYSTEM II: THE EUROPEAN COUNCIL
I. INTRODUCTION
HIGHEST POLITICAL AUTHORITY OF THE EU!
NEITHER THE FOUNDING TREATIES, NOR THEIR SUBSEQUENT AMENDMENTS, INCLUDED IT AMONG THE
INSTITUTIONS OF THE UE.!
LISBON TREATY MADE IT A FULL INSTITUTION OF THE EU.!
The founding Treaties did not incorporate the European Council into the institutional system.!
But the Heads of State and Government of Member States met since the origins of the Communities (1957)!
SUMMIT CONFERENCES
No regulation or frequency!
!
The Paris Summit of 1974 decided to consolidate these meetings (political agreement, the Treaties were not amended)!
Heads of State and/or Government decided to meet, accompanied by the Ministers of Foreign Affairs, three times a year
and whenever it were necessary.!
Formal recognition of the European Council
(formal and regular meetings)!
Role: its not defined in an accurate way.!
“the Heads of Government consider it essential to ensure progress and overall consistency in the activities of the
Communities and in the work on political cooperation”
Its functions were subsequently defined: 1983: provide a general political impetus to the construction of Europe; define
approaches to further the construction of Europe and issues general political guidelines for the European Communities...”!
Is the European Council itself whom delimited its sphere of action.!
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Communitarian Law

3. EU INSTITUTIONAL SYSTEM II: THE EUROPEAN COUNCIL

I. INTRODUCTION

HIGHEST POLITICAL AUTHORITY OF THE EU

NEITHER THE FOUNDING TREATIES, NOR THEIR SUBSEQUENT AMENDMENTS, INCLUDED IT AMONG THE

INSTITUTIONS OF THE UE.

LISBON TREATY MADE IT A FULL INSTITUTION OF THE EU.

The founding Treaties did not incorporate the European Council into the institutional system. But the Heads of State and Government of Member States met since the origins of the Communities (1957) SUMMIT CONFERENCES No regulation or frequency The Paris Summit of 1974 decided to consolidate these meetings (political agreement, the Treaties were not amended) Heads of State and/or Government decided to meet, accompanied by the Ministers of Foreign Affairs, three times a year and whenever it were necessary. Formal recognition of the European Council (formal and regular meetings) Role: its not defined in an accurate way. “the Heads of Government consider it essential to ensure progress and overall consistency in the activities of the Communities and in the work on political cooperation” Its functions were subsequently defined: 1983: provide a general political impetus to the construction of Europe; define approaches to further the construction of Europe and issues general political guidelines for the European Communities...” Is the European Council itself whom delimited its sphere of action.

Communitarian Law SINGLE EUROPEAN ACT Included the European Council in the body of the Community Treaties for the first time (art. 2) –but not in the institutional framework- Defined its composition and provided for bi- annual meetings But it did not defined its role and functions MAASTRICHT TREATY Formalized its role: provide the Union with the necessary impetus for its development and define the general political directions Authority in CFSP issues In its composition of Heads of State or Government give shape to the EMU Discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Community. IS REGULATED AS AN ENTITY OF IMPETUS AND ORIENTATION CONTINUES WITHOUT INCLUDING IT IN THE INSTITUTIONAL FRAMEWORK Composition: Heads of State and Government + President of the Commission (= SEA) 7 AMSTERDAM TREATY Increased the areas of action of the European Council in CFSP issues NICE TREATY Continues not including the European Council among the institutions Composition: no changes Since 1974 it decision-making body at the highest level. Has constantly broadened its sphere of action. Although the Treaties contains the provisions regarding its functions, the European Council assumed others outside them

Communitarian Law

  • Arts. 235 y 236 TFEU: Voting procedures. The intergovernmental features of the institutional system are strengthened the intergovernmental legitimacy is represented in two Institutions: the European Council and the Council.

2. Composition (art. 15.2 TEU)

Heads of State or Government: Assisted by a Minister (when the agenda requires it. The Heads of State or Government are the only ones with right to vote (in the cases where the European Council decides by vote); reinforcement of the intergovernmental. Its President. The President of the Commission: Assisted by a commissioner (when the agenda requires it). The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work:

  • Conducts the CFSP.
  • It is appointed by the European Council, acting by a qualified majority, with the agreement of the President of the Commission The President: (new) Elected by the European Council, by a qualified majority, for a term of two and a half years, renewable once. Functions:
  • Chairs the European Council and drive forward it’s works.
  • Ensures the preparation and continuity of the work of the European Council.
  • Endeavors to facilitate cohesion and consensus within the European Council.
  • Presents a report to the European Parliament after each of the meetings of the European Council.
  • Ensures the external representation of the Union on issues concerning its common foreign and security policy “It shall not hold a national office”.

3. Functions

The last Treaty reform includes functions that the European Council was already holding, consolidates functions that it exercised outside the Treaties, and confers it new functions of a constitutional nature linked to the basic functioning of the system. Reinforcement of the intergovernmental and proof of the willingness that certain decisions are taken in this area. A. Functions as governing body of the Union General function of the orientation and political impetus (art. 15.1 TUE) Provides the Union with the “necessary impetus for its development” and defines “the general political directions and priorities”. The TEU emphasizes that “it shall not exercise legislative functions”.

Communitarian Law Functions in economic and monetary policies, and in employment policy (arts. 121.2 and 148.2 TFEU). The European Council:

  • Discusses a conclusion on the broad guidelines of the economic policies of the Member States and of the Union.
  • Considers each year the employment situation in the Union and adopts conclusions External action: Identify the strategic interests and objectives of the Union (art. 22 TEU). Its decisions on that subject shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States. CFSP (art. 26 TEU): Identify the Union's strategic interests, determines the objectives of and defines the general guidelines for the CFSP, including for matters with defense implications. It shall adopt the necessary decisions. When a Member State opposes to the adoption of a decision by qualified majority, the matter can be referred to the European Council (so it unlocks the situation), but Previously, the High Representative will, in close consultation with the Member State involved, search for a solution acceptable to it (novelty) It can decide unanimously whether to recommend to the Member States to move towards a progressive framing of a common Union defence policy, under Article 42(2) TEU. If international developments so require, the President of the European Council shall convene an extraordinary meeting of the European Council in order to define the strategic lines of the Union's policy in the face of such developments. Definition of the strategic guidelines for legislative and operational planning within the area of freedom, security and justice. B. Functions of constitutional nature Allows the European Council modify the provisions and procedures established in the Treaties.
  • Adopts the decision establishing the composition of the European Parliament (by unanimity, on the initiative of the EP and with its consent)
  • Establishes the list of the different configurations of the Council (by qualified majority), except the configurations of General Affairs and Foreign Affairs.
  • Establishes the rotation of the Presidency of the Council configurations (other than that of the Foreign Affairs)
  • Proposes the candidate for President of the Commission.
  • Establishes the system of equal rotation for the selection of the Commission members (by unanimity), can decide to alter the number of members (by unanimity) and appoints the Commission (by qualified majority) Participates in the simplified revision procedures of the Treaties. The European Council can:

Communitarian Law

  • Qualified majority: To elect its President, when it proposes the candidate for President of the Commission, when it adopts the decision that establishes the list of Council configurations, as well as the one regarding the Presidency of the Council; and for the appointment of the members of the Executive Board of the ECB. When the European Council acts by a qualified majority it is applied the same definition of qualified majority that is provided for the Council (rules set up in art. 16.4 TEU and 238.2 TFEU) Remember; when the European Council decides by vote, the President of the European Council and the President of the Commission does not take part in the vote. Acts: Guidelines: Acts of political nature. Other institutions (Commission, Council, EP) have to transform them into legal provisions. Legally binding acts: Cases where the Treaty confers the European Council competence to adopt these acts. They have juridical nature and can be controlled by the Court of Justice. Conclusions: Main instrument through which the European Council communicates its position. They reflect its works and are published after its meetings.