council of ministers

 

branch of the governing body of the European Union (EU) that has the final vote on legislation proposed by the European Commission and deliberated by the European Parliament. Headquartered in Brussels, Belgium, the Council was established as the Council of Ministers of the European Communities in 1967, when the EU's predecessor, the European Community, was formally constituted. Its name was changed to the Council of the European Union in 1993.

The council is composed of one minister from the government of each EU nation. Membership is fluid, with each government sending the minister appropriate to the subject then under consideration by the council. The foreign minister is generally regarded as the coordinator and main representative of each government's delegation. The presidency of the council rotates among the member nations. Much of the council's work is prepared by a general secretariat and the Committee of Permanent Representatives, or COREPER, composed of officials from the national governments. Although unanimity of the council is still required in some cases, the Single European Act (1987) expanded the council's ability to make decisions based on a majority vote. Votes of council members are weighted according to the size of the nations they represent.

Council of the European Union

Established	1952
Presiding Country	Portugal
President	Luís Amado
President in Office	José Sócrates
Members	27 (at one time)
Political parties	7, including: European People's Party Party of European Socialists
Meeting place	Justus Lipsius, Brussels, Belgium, European Union
Web site	http://www.consilium.europa.eu/

The Council of the European Union (informally, the Council of Ministers or just the Council) is one of the two legislative institutions of the European Union, the other being the European Parliament. This Council should be distinguished from the European Council and the Council of Europe.

The Council, together with the Parliament, form the highest legislative body within the Union, but only within the competencies of the European Community. It is composed of twenty-seven national ministers (one per state). However the exact membership depends upon the topic being discussed, for example; when discussing the agricultural policy the twenty-seven national agriculture ministers form the Council. The ministers are accountable to their national electorates and together serve the second largest democratic electorate in the world (492 million).^[1] The Union's law is limited to specific policy areas, however it does override national law. As the Union operates on supranational and intergovernmental platforms, in some areas the Council is superior to the Parliament, having only to consult to get assent from the body. In many areas, however, the Union uses the legislative process of codecision procedure, in which the two bodies are equal in power.^[2]

The Council does not have a single president in the traditional sense, but the role is rotated between each member state every 6 months (known as the "Presidency"), with the minister from that state then able to set the agenda. Another powerful position is the Secretary General who is also the representative of the Union's foreign policy.^[2]

History

European Union
This article is part of the series: Politics and government of the European Union
Treaties
Rome · Maastricht (Pillars) Amsterdam · Nice · Reform
Institutions
Commission President José Manuel Barroso Barroso Commission
Parliament President Hans-Gert Pöttering MEPs (2004-09 term)
Council Presidency: Portugal (Luís Amado) High Representative · Voting
Other & Future Institutions Court of Justice · Court of Auditors Central Bank · European Council
Elections
Last election (2004) · 2007 by-election Next election (2009) · Constituencies Parties · Parliamentary groups
Related topics
States · Enlargement · Foreign relations Law · EMU · Other bodies · Agencies
Other countries · Atlas  Politics Portal

See also: History of the European Union

The Council first appeared in the European Coal and Steel Community (ECSC) as the "Special Council of Ministers", set up to counterbalance the High Authority (the supranational executive, now the Commission). The original Council had limited powers as issues relating only to coal and steel were in the Authority's domain, whereas the Council only had to give its consent to decisions outside coal and steel. As a whole, it only scrutinised the executive. In 1957, the Treaties of Rome established two new communities, and with them two new Councils: the Council of the European Atomic Energy Community and the Council of the European Economic Community. However due to objections over the supranational power of the Authority, their Councils had more executive powers with the new executive bodies being known as "Commissions".^[3]

In 1965 the Council was hit by the "empty chair crisis". Due to disagreements between French President Charles de Gaulle and the Commission's agriculture proposals, among other things, France boycotted all meetings of the Council brining work to a halt until it was resolved the following year by the Luxembourg compromise. Although initiated by a gamble of then-President Walter Hallstein, who lost the Presidency after the crisis, it exposed flaws in the Council's workings.^[4]

With the Merger Treaty of 1967, the ECSC's Special Council of Ministers, and the communities, and their councils, were merged into a single Council of the European Communities. In 1993 the body became the Council of the European Union with the Maastricht Treaty, reflecting the wider change in name. That treaty strengthened the Council with the addition of more intergovernmental elements in the three pillars system. However, at the same time the Parliament and Commission had been strengthened inside the Community pillar curbing the ability of the Council to act independently.^[3]

The development of the Council has been characterised by the rise in power of the Parliament as, while the Council has not lost power, the Parliament has provided a greater and greater opposition to the Council's wishes. This has in some cases led to clashes between the two bodies with the Council's system of intergovernmentalism contradicting the developing parliamentary system and supranational principles.^[5]

Powers and functions

The primary purpose of the Council is to act as one of the two chambers of the Union's legislative branch, the other chamber being the European Parliament. However the Council only has legislative initiative in the latter two of the three pillars of the EU. It also holds, jointly with the Parliament, the budgetary power of the Union and has greater control than the Parliament over the intergovernmental areas of the EU. Finally, it formerly holds the executive power of the EU which is confers upon the European Commission.^[6][7]

Legislative procedure

The Union's legislative authority is divided between the Council and Parliament, as the relationships and powers of these institutions have developed, various legislative procedures have been created for adopting laws.^[7] The most common is the codecision procedure, which is used in forty–three policy areas.^[8] Codecision provides an equal footing between the two bodies. Under the procedure, the Commission presents a proposal to Parliament and the Council. The then sends amendments to the Council which can either adopt the text with those amendments or send back a "common position". That proposal may either be approved or further amendments may be tabled by the Parliament. If the Council does not approve those, then a "Conciliation Committee" is formed. The Committee is composed of the Council members plus an equal number of MEPs who seek to agree a common position. Once a position is agreed, it has to be approved by Parliament again by an absolute majority.^[9][10]

However there are some older procedures still in use which give the Parliament less say than the Council over legislative bills. These are the consultation and assent procedures. The former means the Parliament is consulted by the Council, and it can ask for amendments, on legislation but it is unable to block it. The latter means the Council has to obtain the approval of the Parliament on legislation before it can become law, but the Parliament cannot make amendments.^[9] The procedure used also depends upon which type of institutional act is being used. The strongest act is a regulation, an act or law which is directly applicable in its entirety. Then there are directives which bind members to certain goals which they must achieve. They do this through their own laws and hence have room to manoeuvre in deciding upon them. A decision is an instrument which is focused at a particular person/group and is directly applicable. Institutions may also issue recommendations and opinions which are merely non-binding, declarations.^[11]

The Council votes in one of three ways; unanimity, simple majority or qualified majority. In most cases, the Council votes on issues by Qualified Majority Voting, meaning that there must be a minimum of 255 votes out of 345 (73.9 %) and a majority of member states (sometimes a two–third majority). A majority representing 62% of the EU's population may also be taken into account.^[12] Unanimity is nearly always used where foreign policy is concerned, and in a number of cases under Police and Judicial Co-operation.^[13]

Intergovernmentalism

At present, the EU is divided into three pillars, the European Community (EC) (the main and historic element), the Common Foreign and Security Policy (CFSP) and Police and Judicial Co-operation in Criminal Matters (PJC). The latter two operate under a more intergovernmental fashion in that the Commission, Parliament and Courts have little input. It is also reflected in that the Council, rather than the Commission, has the right to legislative initiative on matters concerning those areas.^[2] Hence, the Council has a major role in these areas. It works to develop the CFSP, for example in creating military forces and signing international agreements for the whole EU. In the PJC, it seeks to ensure co-operation between national courts and police forces due to cross-border crime arising from free movement across internal borders. It also manages policy the external borders and immigration.^[14]

The legal instruments used by the Council for the CFSP are different from the legislative acts. Under the CFSP they consist of "common positions", "joint actions" and "common strategies". Common positions relate to defining a European foreign policy towards a particular third-country such as the isolation of Burma, a region such as the stabilisation efforts in the African Great Lakes, or a certain issue such as support for the International Criminal Court. A common position, once agreed, is binding on all EU states who must follow and defend the policy, which is regularly revised. A joint action refers to a co-ordinated action of the states to deploy resources in order to achieve an objective, for example for mine clearing or to combat the spread of small arms. Common strategies defined an objective and commits the EUs resources to that task for four years.^[15]

Budgetary authority

Furthermore, the legislative branch officially holds the Union's budgetary authority. The EU's budget (which is around 116.4 billion euro^[16]) is divided into compulsory and non–compulsory spending. Compulsory spending is that resulting from EU treaties (including agriculture) and international agreements, the rest is non–compulsory. While the Council has the last word on compulsory spending, the Parliament has the last word on non–compulsory spending. The institutions draw up budget estimates and the Commission consolidates them into a draft budget. Both the Council and the Parliament can amend the budget, both have to agree for the budget to become law.^[17] In addition to the budget, the Council coordinates the economic policy of members.^[2]

Delegated authority

The Council officially holds the executive power of the Union, conferring it upon the Commission and able to withdraw it by Article 202 of the Single European Act; "The Council confers on the Commission powers for the implementation of the rules it lays down. It may impose certain requirements in respect of the exercise of those powers. In specific cases, it may reserve the right to exercise implementing powers directly."^[18] Furthermore, some of the Council's more high-level powers, such as the appointment of the Commission President, are implemented by the European Council rather than a configuration of the Council of the European Union.^[19]

Organisation

Presidency

Main article: Presidency of the Council of the European Union

The Presidency of the Council is not a single post, but is held by a member state's government (currently Portugal). Every six months the presidency rotates between the states, in an order predefined by the Councils members, allowing each state to preside over the body. Although from 2007 every three member states cooperate for their combined 18 months on a common agenda, although only one formally holds the presidency for the normal 6 month period. For example the current President, Portugal, is the second in a trio of states along side Germany and Slovenia with whom Portugal has been co-operating with. The Council meets in various configurations (as outlined below) so its membership changes depending upon the issue. The person chairing the Council will always be the member from the state holding the Presidency (same applies for the European Council). A delegate from the following Presidency also assists the presiding member and may take over work if requested.^[20][21]

The role of the Presidency is administrative and political. On the administrative side it is responsible for procedures and organising the work of the Council during its term. This includes summoning the Council for meetings along with directing the work of COREPER and other committees and working groups. The political element is the role of successfully dealing with issues and mediating in the Council. In particular this includes setting the agenda of the council, hence giving the Presidency substantial influence in the work of the Council during its term. The Presidency also plays a major role in representing the Council within the EU and representing the EU internationally, for example at the United Nations.^[21][22]

Configurations

Legally speaking, the Council is a single entity, but it is in practice divided into several different councils. Each council deals with a different functional area, for example agriculture and fisheries. In this formation, the council is composed of ministers from each state government who are responsible for this area: the agriculture and fisheries ministers. The chair of this council is held by the member from the state holding the presidency (see section above). In contrast, the Economic and Financial Affairs council is composed of national finance ministers, however there are still one per state and the chair is still held by the member coming from the presiding country. They meet irregularly throughout the year except for the three major configurations (top three below) which meet once a month. There are currently nine formations^[23][24]

• General Affairs and External Relations (GAERC): The most important of the formations, GAERC is composed of ministers for foreign affairs. Since June 2002 it has held separate meetings on general affairs and external relations. At its sessions on External Relations, under the context of the Common Foreign and Security Policy, the High Representative for Common Foreign and Security Policy takes part. It also coordinates preparation for and follow–up to meetings of the European Council. It includes the ESDP and development cooperation.

• Economic and Financial Affairs (Ecofin): Composed of economics and finance ministers of the member states. It includes budgetary and eurozone matters via an informal group composed only of eurozone member ministers.^[25]
• Agriculture and Fisheries: One of the oldest configurations, this brings together once a month the ministers for agriculture and fisheries, and the commissioners responsible for agriculture, fisheries, food safety, veterinary questions and public health matters.
• Justice and Home Affairs Council (JHA): This configuration brings together Justice ministers and Interior Ministers of the Member States. Includes civil protection.
• Employment, Social Policy, Health and Consumer Affairs Council (EPSCO): Composed of employment, social protection, consumer protection, health and equal opportunities ministers.
• Competitiveness: Created in June 2002 through the merging of three previous configurations (Internal Market, Industry and Research). Depending on the items on the agenda, this formation is composed of ministers responsible for areas such as European affairs, industry and scientific research. Includes Tourism.
• Transport, Telecommunications and Energy: Created in June 2002, through the merging of three policies under one configuration, and with a composition varying according to the specific items on its agenda. This formation meets approximately once every two months.
• Environment: Composed of environment ministers, who meet about four times a year.
• Education, Youth and Culture (EYC): Composed of education, culture, youth and communications ministers, who meet around three or four times a year. Includes audiovisual issues.

Complementing these, the Political and Security Committee (PSC) brings together ambassadors to monitor international situations and define policies within the ESDP, particularly in crises^[24]

The European Council is similar to a configuration of the Council, it operates in the same way and shares the same Presidency system but is composed of the national leaders (heads of government or state). The body's purpose is to define the general "impetus" of the Union.^[26] The European Council deals with the major issues such as the appointment of the President of the European Commission who takes part in the body's meetings.^[19]

Civil Service

Further information: European Civil Service

The General Secretariat of the Council provides the continuous infrastructure of the council, carrying out preparation for meetings, draft reports, translation, records, documents, agendas and assisting the presidency.^[27]

The Secretary General of the Council is head of the General Secretariat, currently Javier Solana. The post is a powerful position within the Union and its holder a notable figure; not simply because he or she holds that position, but because the same person is also the High Representative for the Common Foreign and Security Policy^[28] and President of the European Defence Agency^[29] (along with leading the non–EU defence organisation, the Western European Union^[30]).

The Committee of Permanent Representatives (COREPER) is a body composed of representatives from the states (ambassadors, civil servants etc.) who meet each week to prepare the work and tasks of the Council. It monitors and co-ordinates work and deals with the Parliament on co-decision legislation (along with leading the non–EU defence organisation, the Western European Union)^[31] It is divided into two groups of the representatives (Coreper II) and their deputies (Coreper I). Agriculture is dealt with separately by the Special Committee on Agriculture (SCA). The numerous working groups submit their reports to the Council through Coreper or SCA^[24]

Votes

Main article: Voting in the Council of the European Union

The Council is composed of national ministers for the relevant topic of discussion, with each minister representing their national government. Under qualified majority voting different states have different voting weights based on population, for example a vote by Germany or France is worth twenty–nine of the three–hundred–and–five votes in the council, where as a vote by Cyprus or Latvia is worth only four. The full voting weights are shown below;^[2]

29 votes: Germany, France, Italy and the United Kingdom. 27 votes: Spain and Poland. 14 votes: Romania. 13 votes: Netherlands. 12 votes: Belgium, the Czech Republic, Greece, Hungary and Portugal.

10 votes: Austria, Bulgaria and Sweden. 7 votes: Denmark, Ireland, Lithuania, Slovakia and Finland. 4 votes: Cyprus, Estonia, Latvia, Luxembourg and Slovenia. 3 votes: Malta.

Under the third pillar, (Police and Judicial Co-operation in Criminal Matters), there is little supranational influence; for example the Parliament has no say and the Commission does not have the right to initiate legislation in this field (whereas it has a monopoly in the Community).^[32] As a result, the Council is very powerful and where decisions are taken by a majority, the voting weights become very important. This led to the creation of the G5, which has now become the G6 after 2004. The G6 represents the largest member states, and hence the largest voting weight in the council, under third pillar QMV they can initiate and pass any legislation. Hence why the group was expanded after 2004 to include Poland, maintaining a majority in the newly enlarged council.^[33][34]

Political parties

Main article: Parties in the Council of the European Union

Almost all members of the Council are members of a political party at national level, and most of these are members of a European level political party. However the Council is composed in order to represent the Union's states rather than political parties and decisions are generally made on these lines. The table below outlines the European party affiliations of the leaders of each country (those comprising the European Council), it should be noted that in many countries there are coalition governments and the ministers forming the various configurations may be of different parties.^[2]

Party		#	QMV
	European People's Party	9	108
	Party of European Socialists	8	114
	European Liberal Democrat and Reform Party	5	44
	Alliance for Europe of the Nations	2	34
	European Democratic Party	1	29
	Movement for European Reform	1	12
	Independent - Dimokratikon Komma	1	4
total		27	345

Seat

Further information: Location of European Union institutions

By a decision of the European Council at Edinburgh in December 1992, the Council has its seat in Brussels but in April, June and October, it holds its meetings in Luxembourg.^[35] Its Brussels headquarters are in the Justus Lipsius building, opposite the Berlaymont building of the Commission.^[36] To the west of Justus Lipsius is Résidence Palace, currently being renovated as a future home for the Council and the European Council.^[37] The Council's Luxembourg venue is at the European Centre on the plateau du Kirchberg.^[24]

Public access

Within the Council's debates, delegates may speak in any of the 23 official EU languages. Official documents are also translated into Catalan/Valencian, Basque and Galician.^[38] Minutes and voting records are made available when the Council is acting as a legislator (published in the Official Journal of the European Union) and in co-decision matters meetings are open to the public via television or the internet. Certain other areas may be open to public viewing, such as presentation of programmes and priorities, opening deliberations on acts and issues of major public interest.^[24]

Future of the Council

The proposed Lisbon Treaty, the details of which were agreed in June 2007, largely retains the reforms outlined in the rejected Constitutional Treaty.^[39] The body would be renamed, officially becoming the Council of Ministers, with an official separation from the European Council (itself becoming an institution with a separate system of Presidency). Of particular note is a change in voting system for most cases to double majority Qualified Majority Voting, replacing the voting weights system. Decisions made by the council have to be taken by 55% of member states and 65% of the Union's population. Under the Lisbon Treaty, the implementation of this voting system would be delayed until 1 November 2014.^[40]

In terms of the Council's configuration, the fact there are different configurations is mentioned for the first time in treaties but only two are mentioned by name in the Constitution (others are agreed upon by the European Council), they are the General Affairs Council and External Affairs Council, splitting the current General Affairs and External Relations Council. The latter will not be chaired by the Presidency, but by the new High Representative of the Union for Foreign Affairs and Security Policy. The Presidency being conducted in groups of three for 18 months is enshrined in the Constitution. Furthermore the Council is required to meet in public.^[40] Ecofin's Eurozone component would be more formalised and elect its own separate President, "Mr Euro".^[25]

References

External links

• Official Council website
  • About the Council
  • Council configurations
  • Life broadcast
• Council of the european union European NAvigator
  • Video presentation on the Council European NAvigator
• Report on the Council UK Gov't.
• Report on Openness in the Council UK Gov't.
• UK bid to end secret EU debates BBC News
• Europedia: Guide to European policies and legislation

Topics on the European Union
History	History of Europe · Timeline (Pre-1945 · 1945–1957 · 1958–1972 · 1973–1993 · 1993–1999 · 1999–2004 · 2004–Present) · ECSC · EEC · Euratom
Politics	Enlargement · Eurojust · Europol · Three pillars (Community · Common Foreign and Security Policy · Police and Judicial Cooperation) · Integration · Military
Government	Agencies · Commission · Council · Courts · Elections · Enlargement · European Council · Foreign relations · Parliament · Political parties
Law	Acquis · Competition law · Copyright law · Journal · Opt-outs · Procedure · Regulation · Treaties (Rome • Maastricht • Amsterdam • Nice • Reform)
Geography	Borders · Extreme points · Largest cities · Largest urban areas · Member states · Special member-state territories · Regions
Economy	Agriculture · Euro (€) · Central Bank · Investment Bank · Investment Fund · Eurozone · Energy · Regional development · Transport (Galileo)
Society	Citizenship · Demographics · Education · EIIT · Languages · News media · Religion · Sport · Symbols (Flag · Anthem) · Statistics
Lists	Agencies · Directives · Largest cities · Member states · Political parties · Presidency · Tallest buildings
European Union Portal

Donate to Wikimedia