Lecture 6 European Council

8/8/2019 Lecture 6 European Council

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The European CouncilThe European Council


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European Council: historyEuropean Council: history

regular summit meetings of Heads ofregular summit meetings of Heads ofGovernment in 1960s and early 1970sGovernment in 1960s and early 1970s

Paris summit 1974: establishment of theParis summit 1974: establishment of theEuropean CouncilEuropean Council

London European Council 1977: first stepLondon European Council 1977: first steptowards institutionalization and formalizationtowards institutionalization and formalizationof the summitsof the summits

Stuttgart European Council 1983: SolemnStuttgart European Council 1983: Solemn

Declaration on European UnionDeclaration on European Union -- attempt toattempt tointegrate European Council into Communityintegrate European Council into Communitystructurestructure


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European Council: historyEuropean Council: history

Single European Act 1986: legal recognitionSingle European Act 1986: legal recognitionfor the first timefor the first time

Treaty of Maastricht 1992: role of EuropeanTreaty of Maastricht 1992: role of EuropeanCouncil for the first time described in anCouncil for the first time described in an

article of the Treatyarticle of the Treaty Amsterdam Treaty 1999: European CouncilsAmsterdam Treaty 1999: European Councils

role as chief source of impetus of Europeanrole as chief source of impetus of Europeanintegrationintegration

2001 (Nice Treaty): Future European Council2001 (Nice Treaty): Future European CouncilEndEnd--ofof--presidency meetings are to be held inpresidency meetings are to be held inBrusselsBrussels


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As a forum for

personal contactbetween HSG

As a board of directors for general guidance

(medium- and long term goals), policy initiation and co-

ordination

As a means of attracting publicity

As a court of appeal for

problems that cannot be

resolved in lower hierarchy

The European Council

TEU Art. 4(formerly Art. D)


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FeaturesFeatures

Intergovernmental meeting of heads of state andIntergovernmental meeting of heads of state andgovernment (min. twice a year)government (min. twice a year)

Attended by Commission presidentAttended by Commission president

Often accompanied by foreign and financeOften accompanied by foreign and financeministersministers

Rules of Council of Ministers do not applyRules of Council of Ministers do not apply

rules not under ECJ jurisdictionrules not under ECJ jurisdiction no legislative functionno legislative function -- decisions takendecisions taken

essentially politicalessentially political


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Legal provisionsLegal provisions

technically not an institution of the EU (Art. 7technically not an institution of the EU (Art. 7

TEC)TEC)

has formal treaty recognition (Art. 4 TEU) buthas formal treaty recognition (Art. 4 TEU) butseparated from other institutionsseparated from other institutions

?? Art. 3 TEU: the Union shall be served by aArt. 3 TEU: the Union shall be served by asingle institutional frameworksingle institutional framework


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The European Council andThe European Council and

MaastrichtMaastrichtThree sets of references:Three sets of references:

General provisionsGeneral provisions

EMUEMU CFSPCFSP


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General ProvisionsGeneral Provisions

The European Council shall provide the Union with theThe European Council shall provide the Union with thenecessary impetus for its development and shall define thenecessary impetus for its development and shall define thegeneral political guidelines thereof.general political guidelines thereof.

The European Council shall bring together the Heads of State orThe European Council shall bring together the Heads of State or

of Government of the Member States and the President of theof Government of the Member States and the President of theCommission. They shall be assisted by the Ministers for ForeignCommission. They shall be assisted by the Ministers for ForeignAffairs of the Member States and by a Member of theAffairs of the Member States and by a Member of theCommission. The European Council shall meet at least twice aCommission. The European Council shall meet at least twice ayear, under the chairmanship of the Head of State or ofyear, under the chairmanship of the Head of State or ofGovernment of the Member State which holds the Presidency ofGovernment of the Member State which holds the Presidency of

the Council.the Council. The European Council shall submit to the European ParliamentThe European Council shall submit to the European Parliament

a report after each of its meetings and a yearly written report ona report after each of its meetings and a yearly written report onthe progress achieved by the Union.the progress achieved by the Union.


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EMUEMU

The European Council shall, acting on the basis of theThe European Council shall, acting on the basis of thereport from the Council, discuss a conclusion on thereport from the Council, discuss a conclusion on thebroad guidelines of the economic policies of thebroad guidelines of the economic policies of the

Member States and of the Community.Member States and of the Community. The ECB shall address an annual report on theThe ECB shall address an annual report on the

activities of the ESCB and on the monetary policy ofactivities of the ESCB and on the monetary policy ofboth the previous and current year to the Europeanboth the previous and current year to the EuropeanParliament, the Council and the Commission, and alsoParliament, the Council and the Commission, and alsoto the European Council.to the European Council.


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CFSPCFSP

The Council shall decide, on the basis of generalThe Council shall decide, on the basis of generalguidelines from the European Council, that a matterguidelines from the European Council, that a mattershould be the subject of joint action.should be the subject of joint action.

The European Council shall define the principles ofThe European Council shall define the principles ofand general guidelines for the common foreign andand general guidelines for the common foreign andsecurity policy.security policy.

The Council shall take the decisions necessary forThe Council shall take the decisions necessary fordefining and implementing the common foreign anddefining and implementing the common foreign and

security policy on the basis of the general guidelinessecurity policy on the basis of the general guidelinesadopted by the European Council. It shall ensure theadopted by the European Council. It shall ensure theunity, consistency and effectiveness of action by theunity, consistency and effectiveness of action by theUnion.Union.


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TasksTasks

ProvidingProvidingimpetusimpetus

To define and issue generalTo define and issue generalpoliticalpolitical guidelinesguidelines(institutional relations, economics)(institutional relations, economics)

Deliberating in a way that aidsDeliberating in a way that aids consistencyconsistency(long term goals)(long term goals)

Initiating new areas ofInitiating new areas ofcoco--operation (EPC)operation (EPC)

ExpressingExpressingcommon positions (EFSP:common positions (EFSP:strategies) on areas of external relationsstrategies) on areas of external relations(crisis, co(crisis, co--operation)operation)


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From fireside chats to decisionFrom fireside chats to decision--

making organmaking organ

original purpose: forum for informal firesideoriginal purpose: forum for informal firesidechats among Europes political leaderschats among Europes political leaders

Institutionalized becauseInstitutionalized because 1. EC system did not seem to work properly1. EC system did not seem to work properly

2. General Council had difficulties operating2. General Council had difficulties operating

today: one of most important institutions oftoday: one of most important institutions ofEuropean Union at heart of decisionEuropean Union at heart of decision--makingmakingprocessprocess


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From fireside chats to decisionFrom fireside chats to decision--

making organmaking organ

European Council as top layer ofEuropean Council as top layer of

European Community pillar and EuropeanEuropean Community pillar and EuropeanPolitical CoPolitical Co--operation pillar of TEUoperation pillar of TEU historyhistory--making (supermaking (super--systemic) decisions,systemic) decisions,

mainly unanimouslymainly unanimously

integration into the institutional system EUintegration into the institutional system EUreinforced intergovernmental tendenciesreinforced intergovernmental tendencies


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Working methodWorking method

Com Pres.

Council Pres.

+ Foreign Min.

High

Representative

Red Zone Blue Zone

ANTICI

GROUPBriefing

National

delegations

Limited

access

Press

Officials

assistants to the Permanent Representatives;assistants to the Permanent Representatives;

a Commission representative, a member of thea Commission representative, a member of the

SecretarySecretary--General's Private Office and a memberGeneral's Private Office and a member

of the Council Legal Serviceof the Council Legal Service


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Intergovernmental Conferences andIntergovernmental Conferences and

the European Councilthe European Council IGC: Negotiations between the Member StatesIGC: Negotiations between the Member States

governments with a view to amending thegovernments with a view to amending theTreatiesTreaties

Triggered by European Council meetingsTriggered by European Council meetings

Preparatory work by national delegations +Preparatory work by national delegations +representative of commissionrepresentative of commission

Limited involvement of EP + General AffairsLimited involvement of EP + General AffairsCouncilCouncil

Final decisions by European CouncilFinal decisions by European Council


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Case study: Treaty of NiceCase study: Treaty of Nice -- summitsummit

Seen as the last chance to prepare the EU forSeen as the last chance to prepare the EU for

Eastern Enlargement (Amsterdam basicallyEastern Enlargement (Amsterdam basicallyfailed)failed)

Germany demanded higher vote weighting inGermany demanded higher vote weighting inthe Councilthe Council

Opposed by France who insisted that theOpposed by France who insisted that thesymbolic parity between France and Germanysymbolic parity between France and Germany

be maintained.be maintained.


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The Treaty of NiceThe Treaty of Nice -- summitsummit

France also opposed a double majority of bothFrance also opposed a double majority of both

member states and population, to replace themember states and population, to replace thecurrent (QMV) system.current (QMV) system.

The compromise was a double majority ofThe compromise was a double majority ofMember States and votes cast, and in which aMember States and votes cast, and in which a

Member State could optionally requestMember State could optionally request

verification that the countries voting in favourverification that the countries voting in favourrepresented a sufficient proportion of therepresented a sufficient proportion of the

Union's population (triple majority).Union's population (triple majority).


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The Treaty of NiceThe Treaty of Nice -- summitsummit

Treaty of Nice failed to simplify institutionalTreaty of Nice failed to simplify institutional

reform, and hence the establishment of thereform, and hence the establishment of theEuropean Convention, leading to a new IGC inEuropean Convention, leading to a new IGC in

20042004


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CONVENTION

IGC

Dec.01 2002 2003 2004

Draft Constitution

WORKING BASE

FOR THE IGC

FORUM

The European Convention

EP

Elections

New

Commission

1 MAI

EUR 25

1 MAY

EUR 25

Listening phase Reflection phase Proposal phase

The

Laeken

Declaration

National

Debates


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The Constitutional TreatyThe Constitutional Treaty

Provisions:Provisions:

SimplificationSimplificationA single legal document; clarification ofA single legal document; clarification ofcompetencescompetences

Democratization

Democratization

more influence for national parliaments;more influence for national parliaments;public Council meetingspublic Council meetings

EffectivenessEffectivenessextension of QMVextension of QMV

Charter of Fundamental RightsCharter of Fundamental Rights

A legal personality of the EUA legal personality of the EU

President of the European Council for 2 yearsPresident of the European Council for 2 years

Signed 29 Oct 2004Signed 29 Oct 2004

Referenda in France and Netherlands negativeReferenda in France and Netherlands negative


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European Council: ProblemsEuropean Council: Problems

OverloadOverload

OverOver--optimismoptimism

OverOver--cautiousnesscautiousness

Over expectationOver expectation


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Class questionsClass questions

In what sense can the European Council be seenIn what sense can the European Council be seen

as a force for European integration?as a force for European integration?

Is the European Council nowadays moreIs the European Council nowadays moreimportant and/or efficient than in the 1970s andimportant and/or efficient than in the 1970s and1980s?1980s?

Does the European Council increase or decreaseDoes the European Council increase or decreasethe Unions Democratic Deficit?the Unions Democratic Deficit?

Documents

Lecture 6 European Council