The (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 27
National Ministers (one per
State ), the exact minister depending upon the area being addressed; for example agriculture ministers meet to discuss matters regarding agriculture. 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. However in many areas now,
Codecision Procedure is the legislative process used which is a procedure where 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 .
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). With the
Treaties Of Rome of
1957 , two new councils were established in the ECSC's mirror communities; the "Council of the
European Economic Community " and the "Council of the
European Atomic Energy Community . With the
Merger Treaty of
1967 , the three bodies were combined 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 also strengthened the Council with the addition of more intergovernmental elements in the
Three Pillars system. However, in the Community pillar the ability of states to veto legislation and of the Council to act independently of the Parliament had been largely diminished.
3
The Parliament and Council are essentially two chambers in the bicameral legislative branch of the European Union, with legislative power being officially distributed equally between both chambers. However there are some differences from national legislatures; for example, neither the Parliament or Council have the power to initiate community legislation (but they can propose), a power uniquely reserved for the
Commission .
4 In addition to the legislative functions, the
Maastricht Treaty (Article 202) outlines the following functions for the Council;
5
In effect, the treaty outlines that the Council performs the following functions: Legislation - the Council passes
EU Law on the recommendations of the
European Commission together with the
European Parliament using the
Codecision Procedure ; Approval of the EU budget — the Council and the
Parliament must agree on the budget; Foreign and defence policy — while each member state is free to develop its own foreign and defence policy, the Council seeks to achieve a common foreign and defence policy for the member states; Economic policy — the Council also seeks to achieve a common economic policy for the member states; Justice - the Council seeks to co-ordinate the justice system of the member states, especially in areas such as
Terrorism .
The Council also 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."
6 Under the second and third pillars, the
Common Foreign And Security Policy (CFSP) and
Police And Judicial Co-operation In Criminal Matters (aka, Justice and Home Affairs or JHA) respectively, the principles of intergovernmentalism are strongest (partially in the latter). It is in these areas that the supranational institutions are more circumvented than in Community matters, giving the Council a great deal more power. The council defines and implements the CFSP, in accordance with the European Council, and concludes international agreements on behalf of the Union.
There are various
Legislative Procedures used in the Union. The
Codecision Procedure is the most common (43 areas) which gives the Parliament and Council equal powers, in that legislation can be amended or rejected by both chambers. However older procedures, still used in some cases, give the Council greater power.
78
Other procedures include )''
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.
9
The legislative branch officially holds the Union's budgetary authority. The
EU's Budget 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.
10 In addition to the budget, the Council also coordinates the economic policy of members.
See Also: Presidency of the Council of the European Union
The Council's presidency rotates between member-states every 6 months. Although from 2007 every three member states cooperate for their 18 month period, providing greater cohesion for the agenda. For example, the current Presidency is held by
Portugal , as the second of a trio of states along side
Germany and
Slovenia . The Minister from the presiding member state in the configuration the council is meeting in (including the
European Council ) chairs meetings, and therefore sets the agenda of the Union for their Presidency. The presiding country also represents the Council within the Union, and the Union in the world.
11
Legally speaking, the Council is a single entity, but it is in practice divided into several different councils that meet in Brussels, each dealing with a different functional area. Each council is attended by a different type of minister. Thus, for example, meetings of the Council in its Agriculture and Fisheries formation are attended by the agriculture ministers of each member state. They meet irregularly except for the three major configurations (top three below) which meet once a month. There are currently nine formations
1213
- 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.14
- : 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.
- This configuration brings together Justice ministers and Interior Ministers of the Member States. Includes civil protection.
- Composed of employment, social protection, consumer protection, health and equal opportunities ministers.
- 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.
- Also created in June 2002, through the merging of three policies under one configuration, and with a composition also varying according to the specific items on its agenda. This formation meets approximately once every two months.
- Composed of environment ministers, who meet about four times a year.
- Composed of education, culture, youth and communications ministers, who meet around three or four times a year. Includes audiovisual issues.
In addition, the Political and Security Committee (PSC) brings together ambassadors to monitor international situations and define policies within the ESDP, particularly in crises
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.
15 The European Council also deals with the major issues such as the appointment of the
President Of The European Commission who also takes part in the body's meetings.
16
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.
17
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 18 and President of the
European Defence Agency 19 (along with leading the non-EU defence organisation, the
Western European Union 20).
The
Committee Of Permanent Representatives (COREPER) is a body composed of representatives from the member-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 )
21 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
The Council is composed of national ministers for the relevant topic of discussion, with the ministers representing their states. Under qualified majority, different states have different voting weights, as follows (of a total of 345 votes);
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).
22 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.
2324
See Also: 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.
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 .
25 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. In addition 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.
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.
26 Its Brussels headquarters are in the
Justus Lipsius Building , opposite the
Berlaymont Building of the Commission.
27 To the west of Justus Lipsius is Residence Palace, currently being renovated as a future home for the Council and the European Council.
28 The Council's Luxembourg venue is at the ''European Centre'' on the plateau du Kirchberg.
The proposed
Reform Treaty , the details of which were agreed in June 2007, largely retains the reforms outlined in the rejected
Constitutional Treaty .
29 The body would be renamed, officially becoming be 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 Reform Treaty, the implementation of this voting system would be delayed until 1 November 2014.
30
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 also enshrined in the Constitution. The Council is also required to meet in public. Ecofin's Eurozone component would be more formalised and elect its own separate President, "Mr Euro".
