European Council

1. European Council Article 15 TEU; Articles 235-263TFEU

2. General remarks Established in: 1974 (informal forum), 1992 (formal status), 2009 (official EU institution). Location: Brussels (Belgium). One of the EU's 7 official institutions, the European Council takes the form of (usually quarterly) summit meetings between EU leaders, chaired by a permanent President.

3. General remarks • It has evolved from the Summit Conferences of the Heads of State and Government of the Member States. • It has its origin in the Paris Summit Conference of 9/10 December 1974, which agreed to meet accompanied by the Ministers of Foreign Affairs, three times a year and whenever necessary.

4. General remarks • A treaty basis was created by Article 2 of the Single European Act (1986).

5. Role Article 15(1): „The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions”.

6. Role • As the highest political institution it has to take the basic political decisions of the EU. • The European Council defines the EU's overall political direction and priorities. • It also provides the impetus necessary for its development.

7. Role • It is not one of the EU's legislating institutions, so does not negotiate or adopt EU laws. • Instead it sets the EU's policy agenda, traditionally by adopting 'conclusions' during European Council meetings which identify issues of concern and actions to take.

8. Role An important assignment is the solution of political conflicts, on which no consensus could be reached on the ministerial level, such as in the fields of the CFSP: Article 31 TEU; the social security of workers, Article 48 TFEU; the police and justice cooperation in criminal matters: Article 82(3) TFEU.

9. Tasks • Nominates and appoints candidates to certain high profile EU level roles, such as the ECB and the Commission. On each issue, the European Council can: • ask the European Commission to make a proposal to address it. • pass it on to the Council of the EU to deal with.

10. Tasks • Decides on the EU's overall direction and political priorities. • Deals with complex or sensitive issues that cannot be resolved at lower levels of intergovernmental cooperation • Sets the EU's common foreign & security policy, taking into account EU strategic interests and defence implications

11. Members of the European Council • Article 15(2) TEU: „The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work”.

12. Members of the European Council The members of the European Council are the heads of state or government of the 28 EU Member States, the European Council President and the President of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in European Council meetings when foreign affairs issues are discussed.

13. Members of the European Council • The European Council brings together EU leaders to set the EU's political agenda. It represents the highest level of political cooperation between EU Member States. • It is convened and chaired by its President.

14. Meetings • It meets twice every six months for regular meeting. • In addition its President may convene special meetings. • Due to the Lisbon Treaty the President of the European Council takes the chair. • Heads of State and Governments may be assisted by a minister.

15. Meetings • Meetings are not public. • It meets in Brussels. In exceptional circumstances, the President may decide that a meeting of the European Council will be held elsewhere.

16. Consensus and voting • In its role as a political institution the European Council in general does not take decisions in a voting procedure, but reach common ground by a consensus. • However, there are cases in which the treaties provide that decisions have to be taken by vote in a procedure corresponding to that of the Council.

17. President of the European Council Article 15(5) TEU: „The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure”.

18. President of the European Council • The Lisbon Treaty has created the institution of the President of the European Council. • The term of office is two and half years. A re-election is possible only once. • He/she is elected by the European Council by a QMV. According to the same procedure its term may be ended in the event of an impediment or serious misconduct.

19. President of the European Council: Tasks • chairs the European Council and drives forward its work; • ensures the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council; • endeavours to facilitate cohesion and consensus within the European Council; • presents a report to the European Parliament after each of the meetings of the European Council.

20. President of the European Council • The President of the European Council, at his level and in that capacity, ensuresthe external representation of the Union on issues concerning its common foreign and security policy. • The President of the European Council shall not hold a national office.

21. Transfer and abstention of votes Article 235 TFEU: „Where a vote is taken, any member of the European Council may also act on behalf of not more than one other member”. „Abstentions by members present in person or represented shall not prevent the adoption by the European Council of acts which require unanimity”.

22. Transfer and abstention of votes • By permitting a transfer of votes in case of single Member’s absence, the European Council operability is preserved. • Acting on behalf of another Member is limited to not more than one other Member.

23. European Council conclusions European Council conclusions are adopted during each European Council meeting. They are used to identify specific issues of concern for the EU and outline particular actions to take or goals to reach. European Council conclusions can also set a deadline for reaching agreement on a particular item or for the presentation of legislative proposal. In this way, the European Council is able to influence and guide the EU's policy agenda.

24. European Council conclusions Ahead of the European Council meeting, the President of the European Council drafts guidelines for the conclusions. These are then discussed at the General Affairs Council and later adopted at the European Council meeting. Conclusions are adopted by consensus between all EU Member States. European Council conclusions from 2004 onwards are available in the public register of official documents.

25. European Council statements/declarations The European Council also holds informal or exceptional meetings of heads of state or government, sometimes with a third country (a country outside of the EU). Following these meetings, leaders usually adopt a statement or declaration rather than official conclusions. These documents are not available in the public register

26. The role of the European Council in nominations and appointments The European Council plays an important role in certain appointment procedures for high profile EU level roles. In particular, it is responsible for: • electing the President of the European Council; • proposing the President of the European Commission; • appointing the High Representative of the Union for Foreign Affairs and Security Policy; • officially appointing the entire body of Commissioners; • appointing the Executive Board of the European Central Bank (ECB), including the ECB president.

27. The role of the European Council in nominations and appointments Election of the President of the European Council: The European Council elects its own President. This requires a QMV. The President holds the post for a 2.5 year term, renewable once.

28. The role of the European Council in nominations and appointments Proposal for the President of the European Commission: Taking into account the European Parliament elections, the European Council has to propose a candidate for the post of President of the European Commission. The European Parliament has to approve the proposed candidate by a majority of its members (a minimum of 376 MEPs).

29. The role of the European Council in nominations and appointments • If the European Council's candidate doesn't get a majority approval in the Parliament vote, the European Council has to propose a new candidate. This has to be done within a month of the failed vote in the Parliament. • The European Parliament then uses the same procedure - majority vote of all MEPs - to approve the new proposed candidate.

30. The role of the European Council in nominations and appointments Appointment of the High Representative: • The European Council is responsible for appointing the High Representative of the Union for Foreign Affairs and Security Policy. The decision on the proposed candidate requires a QMV. • The European Council can also decide to end the High Representative's 5 year term of office, again with a qualified majority.

31. The role of the European Council in nominations and appointments Appointment of the European Commission: The European Council officially appoints the entire European Commission. The Parliament votes on the body of Commissioners - the Commission President, the High Representative and the other Commissioners - using the consent method (majority of votes cast).

32. The role of the European Council in nominations and appointments Once the Parliament has given its consent, the European Council officially appoints the European Commission. The European Council's decision requires a QMV.

33. The role of the European Council in nominations and appointments European Central Bank appointments: The European Council appoints all 6 members of the Executive Board of the European Central Bank (ECB), which includes both the ECB President and Vice-President, plus 4 other members.

34. The role of the European Council in nominations and appointments The European Council takes its decision on the basis of a Council recommendation. It also consults the European Parliament and the ECB's Governing Council (composed of the 6 members of the Executive Board, plus the governors of the central banks of the 19 euro area countries). The European Council then takes its decision through a QMV.

35. Relations with the European Parliament • The President has to present a report to the European Parliament after each of the meetings of the European Council. • The European Council has the right to be heard by the European Parliament. • The President of the European Parliament may be invited to be heard by the European Council.

37. Setting the EU's political agenda • The European Council is not one of the EU's legislating bodies, so does not negotiate or adopt EU laws. • Instead its main role is to determine the EU's general political direction and priorities - essentially setting the policy agenda for the EU.

38. Setting the EU's political agenda A strategic agenda for the EU: At its meeting in Brussels on 27 June 2014, the European Council agreed on five priority areas to guide the EU's work over the next five years. These priorities are set out in a document called the 'Strategic agenda for the Union in times of change'. This strategic agenda is use to plan the work of the European Council and also acts as a basis for the work programmes of other EU institutions.

39. Setting the EU's political agenda 1. Jobs, growth and competitiveness: The European Council outlines the need to encourage growth, increase investments, create more and better jobs, and encourage reform to increase competitiveness. Specific actions include: • completion of the digital single market by 2015; • improving SME's access to finance and investment; • improved infrastructure investment; • completion of the negotiations on the Transatlantic Trade and Investment Partnership (TTIP) by 2015; • increasing euro area governance and economic policy coordination.

40. Setting the EU's political agenda 2. Empowering and protecting citizens: The European Council highlights priorities that would unlock opportunities for EU citizens, as well as deal with issues such as poverty and social exclusion. Particular actions include: • continuing the drive against youth unemployment; • action to deal with tax evasion and tax fraud.

41. Setting the EU's political agenda 3. Energy and climate policies: The European Council underlines the need to lower dependency on fuel and gas imports and to build affordable, secure and sustainable energy within the EU. The main priorities include: • completion of the EU energy market; • diversification of EU energy supplies and routes and the development of energy infrastructure • setting ambitious climate change targets for 2030 and continuing to lead the fight against climate change .

42. Setting the EU's political agenda 4. Freedom, security and justice: The European Council emphasises the importance of good EU cooperation on security issues like terrorism and managing migration flows. Specific priorities set by the European Council include: • better management of all aspects of migration, including irregular migration, asylum and border management; • preventing and combating organised crime, corruption and terrorism; • improving judicial cooperation between EU countries.

43. Setting the EU's political agenda 5. The EU as a strong global actor: The European Council calls on the EU to ensure its strong engagement in world affairs, highlighting in particular the following priorities: • ensuring consistency between member states' and EU foreign policy goals; • promoting stability, prosperity and democracy in the countries closest to the EU; • engaging global partners on a wide range of issues such as trade, cyber security, human rights and crisis management; • strengthening the EU's common security and defence policy.