The European Council (informally EUCO) is a collegiate body (directorial system) and a symbolic collective head of state, that defines the overall political direction and general priorities of the European Union (EU). It is composed of the heads of state or of government of the EU member states, the president of the European Council, and the president of the European Commission. The high representative of the union for foreign affairs and security policy also takes part in its meetings.
Established as an informal summit in 1975, the European Council was formalised as an institution in 2009 upon the commencement of the Treaty of Lisbon. Its current president is António Costa, former prime minister of Portugal.
Scope While the European Council has no legislative power, it is a strategic (and crisis-solving) body that provides the union with general political directions and priorities, and acts as a collective presidency. The European Commission remains the sole initiator of legislation, but the European Council provides a guide to legislative policy and has been called "the law-maker-in-chief".Art. 13 et seq of the Treaty on European Union
The meetings of the European Council, still commonly referred to as EU summits, are chaired by its president and take place at least twice every six months; usually in the Europa building in Brussels. Decisions of the European Council are taken by consensus, except where the Treaties provide otherwise.Art. 15(4) of the Treaty on European Union
History
The European Council officially gained the status of an EU institution after the Treaty of Lisbon in 2007, distinct from the Council of the European Union (Council of Ministers). Before that, the first summits of EU heads of state or government were held in February and July 1961 (in Paris and Bonn respectively). They were informal summits of the leaders of the European Community, and were started due to then-French President Charles de Gaulle's resentment at the domination of supranational institutions (notably the European Commission) over the integration process, but petered out. The first influential summit held, after the departure of de Gaulle, was the Hague summit of 1969, which reached an agreement on the admittance of the United Kingdom into the Community and initiated foreign policy cooperation (the European Political Cooperation) taking integration beyond economics.
The summits were only formalised in the period between 1974 and 1988. At the December summit in Paris in 1974, following a proposal from then-French president Valéry Giscard d'Estaing, it was agreed that more high-level, political input was needed following the "empty chair crisis" and economic problems. The inaugural European Council, as it became known, was held in Dublin on 10 and 11 March 1975 during Ireland's first Presidency of the Council of Ministers. In 1987, it was included in the treaties for the first time (the Single European Act) and had a defined role for the first time in the Maastricht Treaty. At first only a minimum of two meetings per year were required, which resulted in an average of three meetings per year being held for the 1975–1995 period. Since 1996, the number of meetings were required to be minimum four per year. For the latest 2008–2014 period, this minimum was well exceeded, by an average of seven meetings being held per year. The seat of the Council was formalised in 2002, basing it in Brussels. Three types of European Councils exist: Informal, Scheduled and Extraordinary. While the informal meetings are also scheduled 1½ years in advance, they differ from the scheduled ordinary meetings by not ending with official Council conclusions, as they instead end by more broad political Statements on some cherry-picked policy matters. The extraordinary meetings always end with official Council conclusions but differ from the scheduled meetings by not being scheduled more than a year in advance, as for example in 2001 when the European Council gathered to lead the European Union's response to the 11 September attacks.
Some meetings of the European Council—and, before the European Council was formalised, meetings of the heads of government—are seen by some as turning points in the history of the European Union. For example: 1969, The Hague: Foreign policy and enlargement. 1974, Paris: Creation of the council. 1985, Milan: Initiate IGC leading to the Single European Act.
1991, Maastricht: Agreement on the Maastricht Treaty. 1992, Edinburgh: Agreement (by treaty provision) to retain at Strasbourg the plenary seat of the European Parliament. 1993, Copenhagen: Leading to the definition of the Copenhagen Criteria. 1997, Amsterdam: Agreement on the Amsterdam Treaty. 1998, Brussels: Selected member states to adopt the euro. 1999; Cologne: Declaration on military forces. 1999, Tampere: Institutional reform 2000, Lisbon: Lisbon Strategy 2002, Copenhagen: Agreement for May 2004 enlargement. 2007, Lisbon: Agreement on the Lisbon Treaty. 2009, Brussels: Appointment of first president and merged High Representative. 2010, European Financial Stability Facility
As such, the European Council had already existed before it gained the status as an institution of the European Union with the entering into force of the Treaty of Lisbon, but even after it had been mentioned in the treaties (since the Single European Act) it could only take political decisions, not formal legal acts. However, when necessary, the Heads of State or Government could also meet as the Council of Ministers and take formal decisions in that role. Sometimes, this was even compulsory, e.g. Article 214(2) of the Treaty establishing the European Community provided (before it was amended by the Treaty of Lisbon) that 'the Council, meeting in the composition of Heads of State or Government and acting by a qualified majority, shall nominate the person it intends to appoint as President of the Commission' (emphasis added); the same rule applied in some monetary policy provisions introduced by the Maastricht Treaty (e.g. Article 109j TEC). In that case, what was politically part of a European Council meeting was legally a meeting of the Council of Ministers. When the European Council, already introduced into the treaties by the Single European Act, became an institution by virtue of the Treaty of Lisbon, this was no longer necessary, and the "Council [of the European Union] meeting in the composition of the Heads of State or Government", was replaced in these instances by the European Council now taking formal legally binding decisions in these cases (Article 15 of the Treaty on European Union).Wikisource: Article 2(3)(e), Treaty of Lisbon
The Treaty of Lisbon made the European Council a formal institution distinct from the (ordinary) Council of the EU, and created the present longer term and full-time presidency. As an outgrowth of the Council of the EU, the European Council had previously followed the same Presidency, rotating between each member state. While the Council of the EU retains that system, the European Council established, with no change in powers, a system of appointing an individual (without them being a national leader) for a two-and-a-half-year term—which can be renewed for the same person only once. Following the ratification of the treaty in December 2009, the European Council elected the then-Prime Minister of Belgium Herman Van Rompuy as its first permanent president; he resigned the prime ministerial position.
Powers and functions The European Council is an official institution of the EU, described in the Lisbon Treaty as a body which "shall provide the Union with the necessary impetus for its development". Essentially it defines the EU's policy agenda and has thus been considered to be the motor of European integration. Beyond the need to provide "impetus", the council has developed further roles: to "settle issues outstanding from discussions at a lower level", to lead in foreign policy — acting externally as a "collective Head of State", "formal ratification of important documents" and "involvement in the negotiation of the treaty changes".
Since the institution is composed of national leaders, it gathers the executive power of the member states and has thus a great influence in high-profile policy areas as for example foreign policy. It also exercises powers of appointment, such as appointment of its own President, the High Representative of the Union for Foreign Affairs and Security Policy, and the President of the European Central Bank. It proposes, to the European Parliament, a candidate for President of the European Commission. Moreover, the European Council influences police and justice planning, the composition of the commission, matters relating to the organisation of the rotating Council presidency, the suspension of membership rights, and changing the voting systems through the Passerelle Clause. Although the European Council has no direct legislative power, under the "emergency brake" procedure, a state outvoted in the Council of Ministers may refer contentious legislation to the European Council. However, the state may still be outvoted in the European Council. Hence with powers over the supranational executive of the EU, in addition to its other powers, the European Council has been described by some as the Union's "supreme political authority".
Decisions of the European Council generally require unanimity according to Article 15(4) of the Treaty on European Union. One of the exceptions is the nomination of the President of the European Commission, which requires a qualified majority (Article 17(7) TEU).
Composition The European Council consists of the heads of state or heads of government of the member states, alongside its own President and the Commission President (both non-voting). Each head of state or government has been elected either directly by the voters of the member state or indirectly through the parliament of the member state. The meetings used to be regularly attended by the national foreign minister as well, and the Commission President likewise accompanied by another member of the commission. However, since the Treaty of Lisbon, this has been discontinued, as the size of the body had become somewhat large following successive accessions of new Member States to the Union. Meetings can also include other invitees, such as the President of the European Central Bank, as required. The Secretary-General of the Council attends, and is responsible for organisational matters, including minutes. The President of the European Parliament also attends to give an opening speech outlining the European Parliament's position before talks begin.
Additionally, the negotiations involve a large number of other people working behind the scenes. Most of those people, however, are not allowed to the conference room, except for two delegates per state to relay messages. At the push of a button members can also call for advice from a Permanent Representative via the "Antici Group" in an adjacent room. The group is composed of diplomats and assistants who convey information and requests. Interpreters are also required for meetings as members are permitted to speak in their own languages.