6. El Consejo de la Unión Europea

The Role of the Council of the European Union

Overview of the Council's Functions

• The Council of the European Union, alongside the European Parliament, is responsible for adopting legislation through regulations and directives, as well as making decisions and recommendations that are not legally binding.

Organization of the Council

• The Council, also known as the Council of Ministers, consists of representatives from member states who have ministerial authority to act on behalf of their governments.

• The organization can be broken down into six main components:

• Presidency

• High Representative for Foreign Affairs and Security Policy

• Configurations

• General Secretariat

• Committees

• Groups without committees

Presidency Structure and Functionality

• The presidency rotates among member states every six months, with a list established by the European Council to ensure smooth transitions.

• A trio system involves three member states working together over an 18-month period to set a joint agenda; one state holds presidency while others assist in managing reports.

• The presidency has dual representation: one led by a foreign affairs minister moderating meetings and another by any relevant minister representing their state.

Responsibilities of the Presidency

• The presidency convenes meetings, sets agendas, and directs various council configurations except for foreign affairs which is moderated by the High Representative.

• It is crucial for the presiding country to mobilize support from other members to propose practical solutions and overcome challenges.

Role of the High Representative

• Elected by qualified majority in the European Council with Commission President approval, they direct EU foreign policy and represent it internationally.

• They preside over Foreign Affairs Councils and are supported by a service composed mainly of officials from various EU institutions.

Internal Formations and Meetings

• There are ten internal formations within the council covering diverse areas such as employment, transport, education, culture, etc., specified under Lisbon Treaty provisions.

• Occasionally two formations meet simultaneously (referred to as "jumbo councils") or informally in rotating presidencies to discuss non-immediate issues.

General Secretariat's Role

• Composed of EU agents focused on institutional interests; it manages administrative tasks related to meetings including drafting minutes and archiving documents.

• Plays a vital role in ensuring smooth operations within council activities despite limited participation from ministers due to multiple internal formations.

Staffing and Legal Oversight

• The General Secretariat employs around 3,500 permanent officials organized into directorates based on sectoral expertise; led by a Secretary-General elected for five years.

Understanding the Role of Coreper in EU Decision-Making

Overview of Coreper's Function

• Coreper, or the Committee of Permanent Representatives, represents member states in Brussels and is crucial for preparing council work.

• The committee consists of permanent representatives who negotiate agreements that require ministerial confirmation and address emerging issues.

Structure and Responsibilities

• Coreper operates in three languages: French, English, and German, divided into two sections: Coreper I (deputies) and Coreper II (representatives).

• There are various groups within the EU structure: expert groups provide opinions to guide early legislative actions; working groups facilitate negotiations between the Council and Coreper.

Types of Committees

• Expert groups play a significant role by allowing early input on proposals from member states, helping shape better legislative outcomes.

• Working groups aim to build consensus among member states' representatives during negotiations led by a presidency representative.

Legislative Procedures

• Committees can operate under advisory procedures where they give opinions that are not binding on the Commission or through examination procedures for sensitive topics.

• For critical areas like agricultural policy or environmental protection, qualified majority voting is required for adopting implementation acts.

Voting Dynamics in Council Decisions

• The legislative process involves six steps starting with proposal submission by the Commission, which is translated into all official EU languages.

• Discussions occur within working groups before being presented to Coreper or special committees for further negotiation based on prior agreements or contentious points.

Finalizing Agreements

• After discussions, reports are prepared summarizing positions before presenting them to the Council for validation or further debate.

• Voting typically requires qualified majority but may need unanimity for sensitive issues; simple majority applies only to less significant organizational decisions.

Majority Requirements Explained

• Qualified majority requires at least 55% support from Council members representing 65% of the EU population—ensuring broad representation across member states.