chapter 11 - the European Council

Question 1

the European Council =

Answer 1

brings together national leaders of EU member states

Question 2

origins and development European Council

Answer 2

no provisions in the founding treaties, but still meetings heads of gov. in 1974

Paris 1974 -> institutionalizing (feeling Community was failing to respond adequately/quickly to difficult challenges)

key figures/actors in creation: Giscard d’Estaing (France) + Schmidt (Germany)

!not designed for leaders to concern themselves with everyday matters or with details of policy

formal creation: paragraphs in the Paris communique

1. was vague -> no clear role and functioning European Council
2. no treaty standing (not formally/legally integrated into the Community framework)

= part of ‘unofficial’ approach to integration

over the years = gradual ‘constitutionalisation’

vague structure + power participants -> Council has decided what it can and can’t do
-> European Council head/heart of EU decision making, mainly political decisions

Question 3

membership European Council

Answer 3

prior to Lisbon Treaty: two ‘tiers’:

• Heads of State/Gov. and President of the Commission
• Foreign Ministers of the member states + one other member of the Commission (to assist the first tier)

from late 90s, sometimes other ministers also joined
2002 Seville summit => provision Foreign Ministers can be replaced in the meeting room by other ministers for specific agenda items

!attempt to create relaxed/open atmosphere -> tight restrictions who’s allowed in

Lisbon Treaty:

1. restricts membership: only one tier (Heads of State/Gov. + European Council President + President of the Commission)
2. creates post of European Council President (can’t vote (but it is rare that the Council formally votes)) + post of High Representative of the Union for Foreign Affairs and Security Policy (is part in the work of the European Council, but a member of it)

Lisbon Treaty -> more often sctoral ministers rather than Foreign Ministers + more sessions with only Heads
(so: less people in summit meeting room, but still: hundreds officials attend meetings)

*Eurzone crisis -> some leaders meeting separately from the full European council
2012 Fiscal Pact Treaty formalized these Euro Summits (2x yearly)

Question 4

The European Council President

Answer 4

prior to Lisbon Treaty:
presidency rotated between member states every 6 months (conccurently with Presidency of the Council)

• advantages: innovative dynamism + every country gets a chance
• disadvantages: disruptions of never-ending turnovers + large burden on the national leader + high dependence of the European Council on the leader (not chosen by competence, but by national politics)

2002-02 Constitutional Convention: semi-permanent appointed European Council President

• max 5 years office (2 terms)
• unanimity for appointment
• views on appointment ‘bolder’ view (vigorous leadership, forceful personality), ‘meeker’ view (competent politician with mediating and chairing skills)

first 2 Presidents new Lisbon Treaty rules;

1. nov 2009 Herman van Rompuy (‘meeker’ view): serving Belgian Prime Minister
2. 2004 Donald Tusk (bit more bold): serving Polish Prime Minister

Council President powers not clearly stated/phrased -> each president gives its own meaning (e.g. Van Rompuy conciliatory + consensus-seeking)

President has a personal cabinet of 14-15 officials

!potential for tensions/disputes between the President, the European Commission President, and the High Representative

Question 5

Organisation European Council

Answer 5

• Frequency, location and length of summits
• preparing summits
  mainly done by the President, new post-Lisbon Treaty rules say Head of Gov of Council Presidency state, Commission President and General Affairs Council are also involved
• agenda setting
• conduct of business

Question 6

frequency, location and length of summits

Answer 6

frequency

• Maastricht - Lisbon Treaty = at least 2x yearly (at end of Council Presidency)
• 2002 Seville summit -> de facto 4 times annually (twice during each presidency) + President can convene when required (e.g. Russian occupation of the Crimea)

location

• up to 2001: in country of the President
• 2000 IGC incorporated declaration to Nice Treaty: (end of Presidency) Council meetings in Brussels
  *bc security concerns + large nr summits in small states
• 2009: new European Council Rules of Procedure -> always meets in Brussels

length: standard of 2 days (but e.g. Nice summit about Nice Treaty -> 5 days)
*this standard was formalised in the rules of procedure in 2009
*often last only a few hours

Question 7

circumstances that bring matters on the agenda of the European Council (normal summits)

Answer 7

1. intrinsic importance (e.g. discussion eco. situation, enlargement etc.)
2. contextual environment can ‘force’ issues on the agenda (e.g. global financial and economic crisis, migration crisis 2014)
3. Commission can press policy initiatives for which it seeks approval
4. use summit to make/formalise institutional change
5. decisions on matters that require European Council approval/resolution
6. business left from previous summits
7. reports may need to be considered or at least noted
8. external relations

Question 8

conduct of business European Council

Answer 8

agenda influences structure

standard model

1. plenary session afternoon day 1 on the basis of the agenda (since 1987 includes address form President of the EP), Ministers may have separate meetings
2. breaks with informal discussions
3. dinner also opportunity for informal discussion
4. after dinner reconvened plenary or bilateral late-night meetings + officials work on a draft of conclusions
5. plenary session morning + sometimes afternoon day 2
6. summit ends with issuing ‘European Council Conclusions’
7. press conferences

points to highlight:

• decisions taken by unanimity
  (only rarely by consensus)
  *was long-standing preference, got treaty status by Lisbon Treaty
• no simple answer to which countries hold the most power (larger state more political/eco. weight -> more insistent/veto-threats)(influence depends on policy area and competence leader)
• European Council Conclusions (summarise outcomes) are mostly prepared before the meeting

Question 9

European Council activities

Answer 9

= Council is relatively free to decide what it wants to do -> varying activities (increasingly role of a sort of board of directors: setting overall framework + discussing/taking broad decisions on major and contested issues, but leaving operationalisation open)

main topics/areas with which the European Council concerns itself:

1. evolution of the European Union (e.g. guidelines for general policy dev. + monitoring progress creation internal market + ‘troubleshooting’ when progress in building the EU is threatened + setting out framework principles when necessary + framing parameters of EU income and expenditure
2. ‘Constitutional’ and institutional matters:
   - decisions relating treaty dev. and reform (since mid-80s key in establishing IGCs)
   - specific institutional matters, e.g. how many seats each country gets in the EP
   - important personnel decisions (own president, High Representative of the Union for Foreign Affairs and Security Policy, President, Vice President, Executive Board ECB)
3. economic and monetary policies of the EU (until 1990s much disagreement -> only general exhortations) (now: still no common economic policy, but more ‘‘bite’’ (bc eco. crisis -> response as one EU))
4. Enlargements (e.g. Copenhagen Summit that CEECs could become EU members)
   *big bang enlargement 2004 and 2007 -> less intense enlargement process (featured less on summit agendas
5. External relations
   - Maastricht Treaty -> guidance role on principles and direction EU foreign and security policy
   - many non-foreign policy issues are not purely internal EU matters -> get on summit agendas (e.g. climate, development, external trade, energy)
   - declarations on important aspects of international political affairs (e.g. mild eco. sanctions/aid)
6. Specific internal policy issues:
   - some issues are too sensitive/intractible
   - non-sectoral nature leads to broad-ranging policies/broker deals
   - status now expects that Council needs to give clearance or determine significant policy matters
   ! -> Council important policy initiation role + tackles issues the Council was unable to resolve + less acting as final court of appeal (less policy issues are referred up from the Council for final resolution)

Question 10

functions of the European Council

Answer 10

1. forum for building mutual understanding and confidence
2. identifies medium- and long-term EU goals
3. policy initiator and dispenser of policy guidelines
4. contribution to coordination of EU policy goals and activities
5. political decision-maker

!European Council is not a legislator, TEU prevents it from taking legislative decisions

Question 11

implications creation/dev. European Council on the role and functioning of other principal EU institutions

Answer 11

1. Commission: special policy initiation position is undermined (but the extent of this should not be overstated: Commission President participates in summits)
2. Council lost power to the European Council by virtue of the increasing tendency of most major issues to go through summits in some form
   (should not be exaggerated:
   - no rigid hierarchical relationship, no referral upwards required
   - no consistent division who does what
   - most issues considered by the European Councils have already been prepared/channeled/filtered by the Council
   - European Council doesn’t meet that often -> can’t hope to do anything more than sketch outlines
3. EP largely bypassed -> net loss of power (lack of input by EP into European Council agendas or deliberations + Council of Ministers beliefs proposals from European Council decisions don’t permit much maneuverability when dealing with the EP)
4. few implications on Cour of Justice as it largely operates outside of the TFEU framework + bc decisions are political rather than legal

Question 12

conclusion

Answer 12

mixed record European Council: successes and failures

• failures/non-fulfillment hopes: 1980s = routinised, specific meetings, disputes about distributional issues
• successes: more understanding + identifying core goals + decisions on e.g. enlargement, internal market, institutional reform

!no surprise that it experiences many problems characteristic for intergov. conflict

Lisbon Treaty was to strengthen the role of the European Council: more permanent President
-> marginally improved operational functioning, but no big impact position on the position in the EU system

!European Council more center stage than ever due to ‘events’ such as crises