Council of the European Union

The Council of the European Union is one of the seven institutions of the European Union (EU), which are listed in the Treaty on European Union. People often call it simply "the Council" or, less formally, the "Council of Ministers." It is one of two legislative bodies in the EU. Together with the European Parliament, it can change, approve, or veto the proposals made by the European Commission, which has the right of initiative.

The Council and the European Council are the only EU institutions that are clearly intergovernmental. This means their members speak for and represent the views of their own country's executive. These members can be ambassadors, ministers, or heads of state or government.

The Council meets in 10 different formats. Each one is made up of 27 national ministers, with one minister from each state. Who attends depends on the topic being discussed. For example, when the group talks about agricultural policy, it includes the 27 national ministers responsible for that area. The related European commissioners take part in these talks but do not vote.

Composition

The presidency of the Council rotates every six months among the governments of EU member states. The minister of the country that holds the presidency helps the meetings run smoothly and sets the daily agenda. To keep things continuous, three presidencies in a row, known as Presidency trios, share common political programmes. The Foreign Affairs Council, made up of national foreign ministers, is chaired by the Union's High Representative.

Decisions are made by qualified majority voting in most areas, by unanimity in others, and by simple majority for procedural issues. When the Council decides unanimously, it usually only needs to consult the Parliament. In most areas, the ordinary legislative procedure applies, so the Council and Parliament share legislative and budget powers equally, and both must agree for a proposal to pass. In a few limited areas, the Council can start new EU law itself. The General Secretariat of the Council of the European Union, also called the Council Secretariat, assists the Council, the presidency of the Council of the European Union, the European Council, and the president of the European Council. The Secretariat is led by the secretary-general of the Council of the European Union and is divided into eleven directorates-general, each run by a director-general.

History

Further information: History of the European Union

The Council first appeared in the European Coal and Steel Community (ECSC) as the "Special Council of Ministers." It was set up to balance the High Authority, the executive body that ran the community. At first, the Council had limited powers, and as a whole it only kept watch over the High Authority. In 1957, the Treaties of Rome created two new communities, the European Atomic Energy Community (EAEC) and the European Economic Community (EEC), each with its own Council. In 1965, the Council faced the "empty chair crisis." French president Charles de Gaulle disagreed with the Commission's proposals, including on farming, so France stopped attending all Council meetings. The problem was settled the next year by the Luxembourg compromise. The crisis began with a gamble by Walter Hallstein, the President of the Commission, who later lost his position. The crisis also showed weaknesses in how the Council worked. Under the Merger Treaty of 1967, the councils were combined into the Council of the European Communities. In 1993, after the Maastricht Treaty created the European Union, it took the name Council of the European Union. That treaty added more intergovernmental parts through the three pillars system, but the Parliament and Commission also grew stronger inside the Community pillar, which limited the Council's ability to act on its own.

The Treaty of Lisbon ended the pillar system and gave more power to the Parliament. It also merged the Council's High Representative with the Commission's foreign policy head, who now chairs the foreign affairs Council instead of the rotating presidency. The European Council became a separate institution with its own permanent president. Over time, the Parliament has grown in power, and the Council has had to share its lawmaking powers with it. The Parliament has often opposed the Council's wishes, which has sometimes led to clashes between the two bodies.

Powers and functions

Main article: European Union legislative procedure

The Council is one of two bodies that can change, approve or reject proposals from the European Commission, which is the only one that can propose laws. The other body is the European Parliament. Together with Parliament, the Council also holds the EU's budget power, and it has more control than Parliament over areas such as foreign policy. Before the Treaty of Lisbon came into force, the Council formally held the EU's executive power and gave it to the European Commission. Some people compare the Council to an upper house of the EU's law-making body, though the treaties do not describe it that way. The Council represents the executive governments of the EU's member states and is based in the Europa building in Brussels. It also helps form the Commission, as the General Affairs Council adopts a list of candidates proposed by member states.

Most EU laws follow the ordinary legislative procedure, which needs agreement from both the Council and Parliament. Parliament may propose changes after its first reading, and if the Council accepts them, the law is approved. If not, the Council adopts a "common position" and sends it back. If they still disagree, a "Conciliation Committee" made of Council members and an equal number of MEPs tries to agree on a joint text. The Council votes by unanimity, simple majority, or mostly by qualified majority voting. Different institutional acts have different strengths: a regulation applies directly, directives set goals that countries reach through their own laws, a decision targets a particular person or group, and recommendations and opinions are not binding. Council resolutions have no legal effect, and examples include those on subcontracting, standardisation, and consumer credit. For foreign affairs under the Common Foreign and Security Policy, the Council uses "common positions" (such as promoting human rights in Myanmar, stabilising the African Great Lakes, or supporting the International Criminal Court) and "joint actions" (such as clearing mines or fighting the spread of small arms). Foreign affairs decisions usually need unanimity, since the policy is considered "sensitive" according to EUR-Lex, though Article 31 of the Treaty on European Union allows qualified majority voting in some cases, including a passerelle clause. In late 2023 and early 2024, Viktor Orbán, Prime Minister of Hungary, resisted passing EU aid to Ukraine. Finally, the Council shares the Union's budget authority with Parliament over the EU's budget, which is around 155 billion euro, and it also coordinates the economic policy of members.

Organisation

Main article: Presidency of the Council of the European Union

The council's rules of procedure set out how it is organised and how it works. The Presidency is not a single post but is held by a member state's government. Every six months it passes to another state, in an order set in advance, so each state takes a turn. From 2007, every three states have worked together on a shared agenda for eighteen months, though only one holds the Presidency for each six-month period. For example, Portugal held the Presidency for the second half of 2007 as part of a trio with Germany and Slovenia. The person chairing the council always comes from the state holding the Presidency, except in the foreign affairs council, which has been chaired by the High Representative since the Lisbon Treaty took effect. The Presidency handles administrative tasks, such as calling meetings and directing the work of COREPER and working parties. It also deals with political tasks, such as setting the agenda, and represents the EU internationally, for example at the United Nations. The council is one legal body but in practice is divided into ten configurations, each covering a different area. These include General Affairs, which co-ordinates the council's work and prepares for European Council meetings, and Foreign Affairs, which manages the CFSP, CSDP, trade and development. Economic and Financial Affairs covers budgetary and eurozone matters. Agriculture and Fisheries considers the Common Agricultural Policy and the Common Fisheries Policy. Other configurations include Justice and Home Affairs, Employment, Social Policy, Health and Consumer Affairs (which covers consumer protection), Competitiveness, Transport, Telecommunications and Energy, Environment, and Education, Youth, Culture and Sport. The European Council is made up of national leaders (heads of government or state) and has its own President, António Costa, since 2024. Its Euro summit and the TSCG are linked to the eurozone work of the Euro group. The council is supported by the General Secretariat of the Council, which is led by the Secretary General of the Council. The Committee of Permanent Representatives meets each week to prepare the council's work, and agriculture is handled separately by the Special Committee on Agriculture.

Governments represented in the Council

Further information: Voting in the Council of the European Union

The Treaty of Lisbon changed the voting system from 1 November 2014 for most decisions. It introduced a double majority system called Qualified Majority Voting, which replaced the voting weights system. Decisions must now be taken by 55% of member states that represent at least 65% of the EU's population.

Nearly all council members belong to a political party in their own country, and most of these parties belong to a European-level political party. The council represents the Member States, not political parties, though. Because many countries have coalition governments, the mix of parties can change depending on which domestic party holds each role. Still, the overall political views of each country's government shape the laws the council makes and can influence how members of the European Parliament vote.

Further information: Location of European Union institutions, Europa building, and Justus Lipsius building

The council has its seat in Brussels, but it holds its meetings in Luxembourg City in April, June, and October. This was decided by the European Council at Edinburgh in 1992. Between 1952 and 1967, the council of the European Coal and Steel Community met in the Cercle Municipal on Place d'Armes in Luxembourg City. In 1957, the Presidency was given the choice of location, and it used the Château of Val-Duchesse until 1958, when the council moved to a building on Rue Ravensteinstraat in Brussels. In 1971, the council moved into the Charlemagne building, next to the Berlaymont, but it soon ran out of space.

In 1995, the council moved into the Justus Lipsius building, across the road from Charlemagne. Staff kept growing, so the council rented several other buildings until it acquired the Lex building in 2008. The council also meets occasionally in Strasbourg and in other places, including Tokyo and Washington, D.C., in 1974. From 2017, the council and the European Council used the purpose-built Europa building as their official headquarters, while still using the facilities of the nearby Justus Lipsius building.