Did you ever hear about the Council of the European Union and the European Council? Find out more from our lawyers, below!

What do the Council of The European Union and The European Council represent? 

The Council of the European Union represents the “voice” of the EU member states. It has the competence to adopt EU laws and coordinates the organization’s policies. It was established in 1958 (initially called the Council of the European Economic Community) and is based in Brussels. 

The European Council defines the general political direction and priorities of the EU. It is also based in Brussels and represents the highest level of political cooperation between EU countries, being an official EU institution since 2009. 

The legal foundation of both institutions is TEU (Treaty on European Union) and TFEU (Treaty on the Functioning of the European Union), which also outline the other five official institutions of the Union and their functioning. 

What are the responsibilities of the Council of the European Union and the European Council? 

The Council of the European Union has responsibilities that, in the constitutional order of a state, would be equivalent to both executive and legislative powers. It: 

– negotiates and adopts EU laws, together with the European Parliament, based on proposals from the European Commission; 

– coordinates the policies of the EU member countries; 

– develops the EU’s foreign and security policy, based on the guidelines set by the European Council; 

– concludes agreements between the EU and other countries or international organizations; 

– adopts the annual EU budget together with the European Parliament. 

On the other hand, the responsibilities of the European Council include: 

– determining the general political direction and priorities of the EU, but it does not adopt laws; 

– addressing complex or sensitive issues that cannot be resolved at lower levels of intergovernmental cooperation; 

– setting the common foreign and security policy of the EU, taking into account the Union’s strategic interests and defense implications. 

In short, the European Council has a political nature. Various general-interest topics are debated at the state level, and important conclusions are drawn, which are later materialized into laws by the Council of the European Union and the European Parliament. 

What are the differences between the composition of the Council of the European Union and the European Council? 

The Council of the European Union consists of government ministers from each EU country, depending on the policy area to be discussed. 

The European Council is composed of the heads of state or government of all EU countries, the President of the European Council, and the President of the European Commission (27 members). 

How do the two institutions operate? 

The European Council usually meets four times a year, but the President can call additional meetings to address urgent issues. 

Meetings of the Council of the European Union take place in Brussels, except for three months (April, June, and October) when they are held in Luxembourg. The Council has 10 specialized configurations in different areas (e.g., General Affairs Council, Justice and Home Affairs Council, etc.). 

Decisions in the European Council are generally made by consensus, to avoid conflicts and ensure broad acceptance. 

In the Council of the European Union, the main voting system is qualified majority (55% of states, i.e., currently 15, representing at least 65% of the total EU population), so that each member state is proportionally represented in the law-making process. 

The Council of The European Union, The European Council, and The Council of Europe 

It is important not to confuse the two official EU institutions with the Council of Europe, which is an international, intergovernmental, and regional organization based in Strasbourg. It brings together 46 member states, not just from Europe. 

Conclusions 

In conclusion, the Council of the European Union plays a crucial role in the decision-making process of adopting laws. It is led by the ministers of the member states, and decisions are generally made by qualified majority. The European Council sets the political agenda of the Union, has no legislative function, is composed of heads of state and government, and its decisions are typically made by consensus.

Didem Tosun – Legal Intern R&R Partners