The Role of the European Council in the EU Institutional Framework

The European Council, often described as a semi-formal 'gabfest' that lacks democratic transparency, is a crucial institution within the European Union. Its influence on EU governance is broad, extending from economic management to foreign policy. This article delves into the functions, powers, and relationships of the European Council within the broader context of EU institutions.

Overview of the European Council

The European Council is composed of heads of state or government of all EU member states. This body plays a key role in setting the political direction of the EU and providing guidance to other institutions. The European Council meets twice a year, though it often convenes more frequently to handle urgent matters. While the European Council is not a decision-making body in the strict legal sense, it remains a powerful actor in shaping EU policies.

Place in the EU’s Institutional System

According to Article 13 of the Treaty on European Union (TEU), the European Council is part of the 'single institutional framework' of the Union. It primarily serves to provide political impetus for the development of the EU. The European Council can take decisions with legal consequences only in exceptional cases, but it increasingly has the authority to adopt binding acts that can be challenged before the Court of Justice of the European Union (Article 265 of the Treaty on the Functioning of the European Union).

Relations with Other Institutions

The European Council operates with significant independence, but it maintains organizational links with other EU bodies. The President of the European Council is a non-voting member of the institution, and the High Representative of the Union for Foreign Affairs and Security Policy attends the debates. The European Council often asks the Commission to submit reports for its meetings, and the President of the European Council regularly submits reports to the European Parliament.

Parliament also exerts some influence over the European Council. The President of the European Parliament addresses the European Council at the beginning of its meetings, and the President of the European Parliament meets with the President of the European Council monthly. Additionally, Parliament can influence the European Council through resolutions, although its power remains informal.

Key Powers and Functions

Institutional Powers

The European Council provides general political guidance and priorities for the EU (Article 151 of the TEU). It also decides by qualified majority on the formation of the Council and the calendar of the rotating presidencies. This powerful institution influences the direction and priorities of EU policies, ensuring that member states align with broader European goals.

Foreign and Security Policy Matters

The European Council plays a crucial role in defining and guiding the Common Foreign and Security Policy (CFSP). It can decide whether to recommend that member states move towards a common EU defense policy (Article 422 of the TEU). If a member state opposes a decision for important reasons, a qualified majority can refer the matter to the European Council for a unanimous decision. The Lisbon Treaty also introduced the High Representative of the Union for Foreign Affairs and Security Policy, who works closely with the European Council.

Economic Governance and Multiannual Financial Framework (MFF)

Since the 2009 financial crisis, the European Council has played a central role in economic governance. It has been instrumental in addressing the sovereign debt crisis, which led to the framing of the 'Fiscal Compact' (Stability and Growth Pact). This pact imposes stricter budgetary and socio-economic policies on member states. The European Council continues to play a key role in economic governance, particularly through the permanent European Stability Mechanism (ESM).

Police and Judicial Cooperation in Criminal Matters

The European Council can decide on enhancing cooperation in areas related to police and judicial cooperation (Article 20 of the TEU). Since the Lisbon Treaty, it has introduced several new bridging clauses allowing the use of majority voting in the Council where previously unanimity was required. This shift has increased the European Council's influence in all policy areas covered by the EU.

Conclusion

The European Council, despite its controversial reputation, remains a vital institution in the EU's institutional framework. Its role in providing political direction and setting priorities, coupled with its power to influence foreign and security policies and economic governance, ensures that it continues to play a crucial role in shaping the EU's policies and actions.