Council of European Union

8/9/2019 Council of European Union

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I. Council of European Union

It is the representatives of ministerial level of member states.

- Council of Europe != Council of Ministries

- C.E.U. is not executive but legislative- Normally the eneral Council accoring to the resolution aopte at the "aris #ummit of the

EC from $%&'( the Council has to act as coorinator an initiator of community activities anto ensure the continuity of )or* at the community level

#pecial +opic, the representatives of member state( ministries in charge at national level in the

fiel of activity of that sector( forming a specialie Council that has the ability to iscuss all the

issues relate to that fiel of activity e.g. agriculture( transport/

+he Councils can ta*e place at the same time, the eneral Council an $-0 other specialie

Councils.+he representatives of member states each have the right to a single vote because the

member states are e1ual from a 2uriical point of vie).

+he meetings of the Councils are hel 3 ays each month an are propose by the "resient(by the members or by the Commission.

4hen the Council is not in session a community Coreper is preparing the Council meetings.

+he members of Coreper are representatives of member states at the highest level( but they arenot ministers.

Coreper has 0 levels of organiation,

$. 5mbassaors of member states near the EU.

0. Experts or high officials specialie in ifferent fiels of activity.4ithin the Coreper the compromise bet)een the interest of governments of member states is

reache6 so the Coreper is a forum of ebates bet)een the representatives of member states on one sie( interest of the states against the other states

on the other( community interest as )ell as a compromise )ith the other states

+he Council is lea by a "resient )ho has 7 months term of office an he hols thepresiency by automatic rotation provie by the +reaty accoring to the alphabetical orer of the

name of the country in its national language/. It has a special 2uriical service an a special

secretary.+he Council has only those attributionsprovie by the +reaty competence an limits of

competence of each institution/.

8ecause the Council is a community institution( the acts aopte by it have legal form

provie by the treaty an conse1uently they o not have to be ratifie.If a member of a Council can9t atten the meeting( he can be represente by a elegate that

may note only if he has a special proxy procura/ regaring the ob2ect of the note an the note.+he rule is that )ithin the Council a ma2ority ta*es the ecision )ithin the E.". an absolutema2ority is necessary/( only the conform opinion has to be ta*en )ith the votes by 0:; an the

presence has to be at least the absolute ma2ority/.

+he +reaty organies ifferent types of ma2ority )hich has to be use by the Councilepening on the ecision or on the act. In only a fe) cases a vali ecision )ith a simple ma2ority

3 $/ can be ta*en.

+he ma2ority provie by the +reaty is calle 1ualifie ma2ority. In precise cases it is one

unanimously.


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+he numbers provie by the +reaty have been aopte epening on the emographic

criteria an economic po)er of each member state. 5ccoring to the Nice +reaty( beginning )ithNovember $st 0


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Budgetary Procedures

It involves these institutions the C.E.U. an E."./ in another )ay.

Each institution has to present its proposal to the Commission on uly $ st regaring theexpenses for the next year. +hen the Commission )ill raft the so calle preliminary buget pro2ect

an )ill present it until the #eptember $ st. 5fter meetings )ith members of each institution( the

Council )ill aopt the buget pro2ect )ith 1ualifie ma2ority( base on their estimations( until@ctober 3than )ill sen it to the "arliament. +hen the E.". has '3 ays to ta*e one of the follo)ing

ecisions,

$. a/ approve )ith a ma2ority of votes b/ have no reaction to the pro2ect( the buget is consiere aopte

0. the "arliament )ill re2ect the pro2ect6 the Council can9t aopt the buget an the ne)

proposal shall be presente6 the proceure restarts( the "arliament can propose )ith a ma2ority of

votes amenments an sen them to the Council( excepting the case )hen the moificationspropose regar only the compulsory expenses. In this case the E.". can moify them irectly

an approve them )ith 0:; of its members. +he buget is aopte.


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+he buget is consiere aopte if the moifications regaring other expenses the buget >

amenments/ are sent bac* to the Council )hich has $3 ays to ta*e one of the follo)ing ecisions,$. accept the "arliament9s amenments( the buget is aopte

0. re2ect the "arliament9s amenments or moify them )ith a 1ualifie ma2ority

In both cases the pro2ect is sent bac* to the "arliament that has $3 ays to ecie,

accept the Council9s position6 the buget is consiere aopte

the buget can9t be aopte( the proceure )ill restart+o re2ect the "arliament9s moifications the vote of its members9 ma2ority ;:3 of votes cast/

is neee6 the buget is consiere aopte( other)ise if there are not enough votes to obtain ama2ority( the buget is not aopte.

5s soon as the buget is aopte( at the en of the year( an after the Commission )as

ischarge for the previous financial year( the buget can be implemente by the Commission or

uner its surveillance.

+he other attributions of the Council

$. External Fepresentation,

- the Council( through its "resient( may represent the communities )ithin externalrelationships( conclue in ;rcountries or international economic organiations )ithin the +.E.U.+he +.E.U. is vie)e in orer to be change( because either the communities or Union can9t

conclue treaties )ith international organiations an the communities o not have irect relation

)ith human rights organiation.- the Council has the po)er to elegate the negotiation process to the Commission an to

establish the Commission9s po)ers an limits of negotiation( or( before approving the elegation( itis compulsory for the Council to request the Parliaments conform opinion and also request

the opinion of the Court of Justice it is relate to the 2uicial effects of a ne) treaty over the E.U.legal system/.

Ne) treaties cannot moify the structure of the Union of the Community9s ac1uis.

0. Conform @pinion,

It refers to the opportunity of a ne) treaty an its effects on the economic cooperation of

member states. If its opinion is negative( the "resient of the Council can9t give the elegation to theCommission to negotiate not even uner unanimous vote/.

5fter the Commission has conclue the negotiations( it has to present a report regaring thecontent of the ne) treaty( to the C.E.U. an E.".( )hich )ill be signe by the "resient in @ffice in

case of the Council9s approval. +he Council )ill approve it only )ith a unanimous vote an after a

positive secon comfort opinion elivere by the "arliament. In case the secon opinion is negative(

the treaty cannot be signe. 5fter the signing of the +reaty( it enters into force after the ratificationperio provie )ithin the +reaty.

+o coorinate the economical policy of member states means to coorinate the cooperation

of member states )ithin the first perio. +here are t)o ifferent levels )ithin the frame)or* of the

E.C. policy. common policy

harmoniation policy


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+he elaboration of a policy is a complex process. +here are no limits provie by the treaty.

+he member states are free to ecie an establish ne) policies if they are relate to theachievement of the treaty9s ob2ective )ithin the first pillar. +he treaty provisions regaring the

ob2ectives stan before the legal basis of ne) policies. +hese policies have to ta*e into account the

interaction bet)een communities on one sie an communities an the E.U. on the other sie(meaning the interaction bet)een the internal an external policy of the Union an the interaction

bet)een the sectorial policy an the interaction bet)een the elements of the same policy.

+he member states )ill ebate the creation of ne) common policies )ithin the frame)or* of

the Council( but the treaties )ill not provie )hich institutions can provie the policy an )hich

)ill efine a ne) policy.

It is consiere that the Council has the attributions an )ithin this frame)or* this efinitionan form of the act shoul be establishe.

+he Maastricht +reaty classifie the Community policies in 0< ifferent fiels( recogniing

the possibility to efine them to the Council that imposes itself to propose the form of the act to beuse to aopt an efine a common policy.

5 ne) practice has been introuce in the last perio of time $3 years/ )ithin the fiel of

ne) policies( meaning that the C.E.U. is use to )ait until the European Council )ill aopt itspolitical strategies regaring ne) policies bet)een member states an that is consiere a negative

aspect of the European Community.

+he coorination of the member states9 cooperation )ithin the secon an thir pillar byefinition Gcooperation pillarsH/

The Council can adopt only common actions or projects based on member states

proposals or the Commission proposal on the basis of these common actions.

+he Council has the po)er to conclue the treaties )ithin ifferent international

organiations or ;rcountries( but only )ithin the frame)or* establishe by the European Council asa common strategy. 5lso )hen a common action:pro2ect is submitte to the vote the Council is

re1ueste to aopt these acts6 one or more member states can ma*e a formal eclaration an refrain

themselves to sign the act.

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Council of European Union