3. The European Council:

2021 ◽  
pp. 51-77
Author(s):  
Luuk van Middelaar ◽  
Uwe Puetter

This chapter discusses the central role of the European Council in European Union (EU) politics and policymaking. Even though it was not listed among the EU’s core institutions until the Treaty of Lisbon, the European Council regularly intervenes in EU decision-making to make other institutional actors follow its guidance. Initially, it was meant to be predominantly an informal institution for direct exchanges between the heads of state or government of the member states. Yet it assumed responsibility for landmark decisions which paved the way for key steps in integration, such as EU enlargements and the euro. The European Council has arguably saved the Union from break-up by acting as its ultimate crisis manager and, at times, has skirted the boundaries of EU law by finding institutional compromises and fixes. The institution plays a guiding role, especially in relation to the Commission and the Council of the European Union, which was formerly known as the Council of Ministers. The European Council devises strategic guidelines for policy development, shapes processes of institutional reform, and breaks impasses when agreement cannot otherwise be found. Since the Treaty of Maastricht, European Council intervention has become a routine in new EU policy areas, such as euro area economic governance and foreign policy. The Treaty of Lisbon assigns the European Council its own full-time president and places the institution right after the European Parliament (EP) in the list of EU institutions. Even though it has shaped European integration since 1975, the European Council did not find much recognition in traditional theories of European integration. This has changed more recently, with renewed debate about intergovernmentalism in EU politics.

2013 ◽  
Vol 15 ◽  
pp. 139-167
Author(s):  
Ester Herlin-Karnell ◽  
Theodore Konstadinides

Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.


Author(s):  
Neil Parpworth

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.


Author(s):  
Neil Parpworth

This chapter has three aims. It first briefly considers the origins of the what is now the European Union (EU). Secondly, it discusses the institutions of the Union, the European Council, the Council of Ministers, the European Commission, the European Parliament, and the Court of Justice of the EU and General Court. The nature and functions of these bodies is considered. Thirdly, the chapter indicates the nature of institutional reforms which have occurred following the ratification of the Lisbon Treaty.


2020 ◽  
pp. 21-38
Author(s):  
José Magone ◽  

In the post-Lisbon constitutional architecture, the rotating presidency of the Council of Ministers of the European Union remains a vital part of intergovernmental decision-making. Its leadership activity is mainly behind closed doors to avoid the politicization of legislative processes. This study aims to contextualize the presidency as a crucial part of European integration due to its position between formal and informal processes. Informality gives the presidency time to create consensus and be flexible in its negotiation. Despite large countries’ attempts to reduce the importance of the rotating presidency, small states have resisted this temptation. In this contribution, the rotating presidency is seen from the point of view of European integration theory which is discussed in depth. Some notes follow on what can be expected in terms of the behaviour of the German and Portuguese presidencies in the new 2020-21 team presidency cycle.


2019 ◽  
pp. 43-71
Author(s):  
Nigel Foster

This chapter discusses the EU’s institutional framework. This includes the Commission; the Council (of Ministers) of the European Union; the European Council; the European Parliament; the Court of Justice of the European Union; the Union’s advisory bodies; other Union bodies; and Union financing.


Author(s):  
Nigel Foster

This chapter discusses the EU’s institutional framework. These include the Commission; the Council (of Ministers) of the European Union; the European Council; the European Parliament; the Court of Justice of the European Union; the Union’s advisory bodies; other Union bodies; and Union financing.


2000 ◽  
Vol 3 ◽  
pp. 79-105
Author(s):  
Alan Dashwood

Various provisions of the Treaty on European Union (“TEU”) and of the EC Treaty specifically require action to be taken, at the definitive stage or at some preparatory or intermediate stage of decision-making, by the European Council, or by the Council of the European Union meeting in the composition of Heads of State or Government (“the HSG Council”); and there is one instance of an appointing power exercisable by an intergovernmental conference at the level of Heads of State or Government (“an HSG Conference”). Reserving a role for the political leaders of the Union in the adoption of particular decisions was an innovation of the TEU, more especially in the Title of the EC Treaty on economic and monetary policy, and further instances have been added by the Treaty of Amsterdam (“TA”) and the Treaty of Nice (“TN”).


5.5 The institutions of the European Community The Treaty of Rome set up a range of institutions to make the European Community function. The number of institutions has steadily increased in the intervening decades and currently some of the most important and relevant for your purposes are: • the European Parliament; • the European Commission; • the Council of Ministers; • the European Court of Justice; • the Court of Auditors; • the European Central Bank (ECB); • the European Investment Bank (EIB) 5.5.5.1 The European Council (now known as the Council of the European Union) This is an important group and is often confused with the Council of Ministers (and of course the name makes it ripe for confusion with the Council of Europe discussed in 5.4.1.1, above, in relation to the ECHR). The Council of the European Union is made up of the heads of government of Member States with representatives from the Commission of the Union. Whilst such a group has been core in the idea of the Community from the beginning it is not part of the legal or executive institutions of the Union. It is purely composed of those with loyalty to the Member State but desiring to forward their own agenda alongside the Union. They meet twice a year or more if necessary and have the power to agree new treaties. What appears to be happening is that the Council of the European Union is exerting increasing power and influence on the policy of the Union whilst standing outside the institutions. 5.5.5.2 The important law making institutions Several institutions within the EC have essential roles in the law making process either as initiators of legislation or with the authority to make law. You will, of course, learn about these in detail in English legal system, EU and public law courses. The main ones are as follows: • the European Parliament; • the European Commission; • the Council of Ministers; • the European Council; • the ECB. These areas will be covered in detail in specific subjects such as English legal system and constitutional law but they will be discussed briefly and sometimes illustrated with tables or diagrams for two reasons: • to provide a quick overview that will hopefully aid reading set texts covering these areas; and

2012 ◽  
pp. 154-154

2006 ◽  
Vol 37 (1) ◽  
pp. 89-114 ◽  
Author(s):  
MARK ASPINWALL

This essay examines the causes of government support for European integration. It evaluates several competing theories, both material and ideological. Two dependent variables are examined: government support for European integration in Council of Ministers decisions, and in the 1997 Amsterdam intergovernmental conference. There appear to be sharp differences between the two decision-making fora in the efficacy of predictive variables. In the Council of Ministers, left–right political ideology and financial transfers from the European Union to member states provide the best explanations. In the Amsterdam conference, experience in the Second World War and financial transfers provide the best explanations. This research extends our understanding of why governments choose co-operation within the European Union. It also extends our understanding of the relationship between ideology and integration preferences. Ideology matters not just to parties, but also to governments, which represent both territorial interests and ideologies. There appears to be a linear relationship, whereby left governments are more supportive of integration than right governments.


Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 17-43
Author(s):  
Józef M. Fiszer

Does Brexit Previously Revise the Lisbon Treaty and Rescue European Union?There is no doubt that Brexit is an unprecedented event in the history of European integration and in the history of the European Union (EU). It will certainly be a turning point not only in the history of the EU, but also in Europe, and will have an impact on their place and role in the new, emerging international order. Today it is very difficult to present an accurate diagnosis, and even more, difficult to predict the future of the EU, Europe, and the whole world after Brexit. The purpose of this article is an attempt to answer a few questions, especially on the question contained in its title and to present the opportunities and threat for the European Union after Brexit. In addition, the author is trying to answer the question whether, at all, today, nine years after the entry into force of the Treaty of Lisbon, its revision is needed? Does the EU really need a new treaty? Currently, opinions on this subject are divided among researchers and experts. Many also are afraid that Brexit will be the beginning of the end of the Union, that it will lead to the so‑called diversified integration and then to its disintegration. Others believe that the Brexit may become an accelerator of the European Union’s modernization process, which will, however, require the adoption of a new revision treaty.


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