Gaining a comprehensive understanding of the European Council and its functioning is pivotal to grasp the complexity of the European Union's legal and political landscape. This article aims to provide a thorough examination of the European Council's definition, composition, and competences, while equally offering an analysis of the Council of the European Union. You will also delve into the European Council directives and their implementation and learn about the roles and notable figures of the Presidency. Lastly, the topic will explore Council of Europe members, their obligations and the distinctions between them and their European Council counterparts.
Understanding the European Council
You might wonder what the European Council is. As a student looking to further your knowledge in Law, it's fundamental to understand this pivotal institution and its role.
Definition of the European Council
The European Council is the political body that defines the general political direction and priorities of the European Union. It is a key component of the EU's institutional framework.
Exactly like a class president, who outlines their class plans and initiatives for an academic year, the European Council similarly sets out broad plans and strategies for the European Union.
The Composition of the European Council
The European Council comprises heads of state or government of EU countries, the European Council President and the President of the European Commission. Perhaps, you may find it challenging to remember all the members of the European Council, thus here's a list marked up in HTML for you:
- Heads of state
- Government of EU countries
- The European Council President
- The President of the European Commission
So, keeping track of these four categories can help you understand the composition of the Council better.
The Role and Competences of the European Council
The European Council's primary role is to set the EU's general political direction. But what does that mean? Let's make this clear in a laid out table:
| Role |
Explanation |
| Setting the EU's overall political direction |
This means deciding on broad priorities and initiatives. For example, it might decide that the EU should focus more on environmental issues, or that it needs to take measures to boost economic growth. |
| Dealing with complex or sensitive issues |
If an issue is challenging to resolve at a lower level of EU government, it will often be escalated to the European Council. These could be issues that require compromise between EU countries or measures that only the European Council has the power to enforce. |
Fun Fact: Did you know the European Council was initially created as an informal discussion group? It wasn't until the Single European Act of 1986 that it was formalised as an official EU institution!
The Council of the European Union: An Overview
Now that you have a preliminary understanding of the European Council, let's examine another influential body within the European Union's structure: The Council of the European Union. Remember, these two entities, despite the similarity in names, serve distinct roles and shouldn't be confused.
Contrast Between European Council and Council of the European Union
The Council of the European Union, often referred to as the 'Council of Ministers' or 'Council', is a critical decision-making body within the EU. Working in tandem with the European Parliament, it creates laws based on proposals introduced by the European Commission.
Now, you may be keen to understand what differentiates the Council of the European Union from the European Council. Though these terms sound alike, there are key disparities to bear in mind. The Council of the European Union differs from the European Council in its operational mandate and constitution. We can illustrate this contrast in the following table:
| Institution |
Composition |
Role |
| European Council |
Heads of state or government of EU countries, the President of the European Council, and the President of the European Commission |
Sets the EU's overall political agenda |
| Council of the European Union |
Government ministers from each EU country, according to the policy area to be discussed |
Makes decisions on EU legislation in consultation with the European Parliament |
For instance, if the European Union decided to take steps towards promoting renewable energy (as stated by the European Council), it would be the responsibility of the Council of the European Union to pass relevant laws or measures. They could perhaps instigate policies to increase wind energy production, or enact legislation that subsidises solar panels.
Functions of the Council of the European Union
Diving more deeply into the functions of the Council of the European Union, you'll notice that its tasks are set into three primary responsibilities:
- Legislative - passing EU laws along with the European Parliament
- Policy-making - coordinating the broad economic policies of EU member states
- Representation - representing the EU internationally.
Did you know that the Council of the European Union is considered one of the most powerful EU institutions? This is because of its legislative influence. When enacting EU laws, the Council's vote has a heavier weight compared to votes by the European Parliament.
Fulfilling these roles, the Council of Ministers plays a significant part in shaping the Union's laws, economic policies, and international stance. Hence, understanding these functions are essential for your journey into the study of Law, as they involve legislative processes and the role of policymaking in a sizeable political and economic entity like the European Union.
The Presidency of the European Council
You've already marinated your thoughts in understanding what the European Council is and its composition. Now, let's take a closer look at a significant role within this entity: The President of the European Council. The president primarily chairs the meetings of the Council, but there are several nuances to this task. Let's detail them further.
The Role of the President of the European Council
The President of the European Council is a position within the European Union that represents the European Council at the international level. The president's primary responsibility is to organise and chair European Council meetings, ensuring that member states are able to work towards the same political goals and interests.
To conceive this role more tangibly, think of it as the head coach of a football team. The coach brings players together, communicates strategies, facilitates their training, and ensures the team functions smoothly. Similarly, the President of the European Council uses their diplomatic skills to foster effective debate and consensus-building among member leaders.
An exemplary situation could be when a contentious decision (like changes in migration policy) needs to be made. The President has to facilitate constructive exchanges between members, assuage tensions, and ultimately guide the Council towards a consensus on the new policy path.
Specifically, the President's tasks include:
- Driving forward the European Council's work
- Ensuring continuity in policymaking
- Facilitating consensus within the European Council
- Promoting the EU's values and interests on the global stage
Notable Presidents of the European Council
Several distinguished individuals held the title of President of the European Council. Each president brought their unique abilities and experiences to the role, shaping the Council's contributions to the EU.
Let's examine some notable figures and their accomplishments:
| Name |
Term |
Notable Contributions |
| Herman Van Rompuy |
2009-2014 |
Rompuy was the first permanent President of the European Council, overseeing the Union during a crucial period of economic crisis. He was known for his reflective, low-key approach to political consensus-building. |
| Donald Tusk |
2014-2019 |
Tusk's presidency was defined by geopolitical challenges, encompassing issues such as the annexation of Crimea by Russia and the Brexit referendum. His firm stance and commitment to European unity were highly noted. |
| Charles Michel |
2019-present |
Michel's term has been marked by the onset of the Covid-19 pandemic. His leadership in coordinating the EU’s response to the crisis, particularly the recovery plan, is a prominent part of his tenure. |
Did you know the President of the European Council is chosen by the European Council's members themselves? The members elect a president for a two-and-a-half-year term, which can be renewed once.
These leaders' landmark tenures give you an insight into the diversity and variety of issues brought to the table at the European Council, and how skillful leadership can guide the Union through diverse challenges.
Insights into European Council Directives
European Council Directives play a significant role in the European Union's legislative framework. As students of Law, it's imperative that you comprehend what these directives are, how they are developed and the impact they have on the member states of the EU.
What is a European Council Directive?
A European Council Directive is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their laws on how to reach these goals.
To illustrate, consider a directive related to recycling. The Directive may state that all member states must recycle a certain percentage of their household waste. However, each state will take individual action to attain this aim. Some might opt for policies encouraging home composting, while others might incentives businesses to recycle packaging.
There are several characteristics unique to European Council Directives:
- Directives are binding; once a directive has been passed, all member states are obligated to incorporate it into their national law.
- The wording of directives allows for flexibility in implementation. This takes into account the varied legal and institutional frameworks across member states.
- Directives are proposed by the European Commission and then adopted by both the European Parliament and the Council of the EU. The European Council, does not have a legislative role and does not issue directives.
Implementation of European Council Directives
An essential part of learning about EU directives is understanding the process of their integration into national law. This is formally known as 'transposition'.
Transposition in the context of EU law, is the process by which EU member states give force to a directive by passing appropriate domestic laws.
As you have learnt, each EU country has latitude in terms of the method it uses to incorporate the directives. Each state can frame regulations as per their legal, administrative and organisational structures. However, the result, which is enforcement of EU directive, must be the same across every state.
Consider the instance of a hypothetical directive that sets energy efficiency standards for household appliances sold within EU. While all EU members would need to enforce these standards, the way they go about it varies. Country A, for instance, might require manufacturers to undergo a testing and certification process before they can sell their products. In contrast, Country B might place the onus on importers and retailers to ensure the products they sell meet the standards.
Here's a broad view of the transposition process:
| Step |
Explanation |
| Issuance of Directive |
The European Council, together with the European Parliament, issue a directive that states an objective to be reached by all EU Member States. |
| Transposition |
Each Member State devises its own laws, regulations, or initiatives to achieve the objectives set out in the directive. |
| Enforcement |
The Member States are responsible for ensuring compliance with these laws and regulations, thereby fulfilling the directive's objectives. |
Intriguingly, if a member state fails to comply with a directive after a grace period, the European Commission can take the matter to the Court of Justice of the European Union. This process helps ensure that all member states are honouring their obligations under EU law.
Thus, through understanding the nature of European Council Directives and their implementation process, you gain crucial insights into the mechanisms that enable harmonised policymaking across the diverse member states of the European Union.
Members of the Council of Europe
While exploring European institutions, it's fundamental to distinguish between different councils within the European structure. One such body is the Council of Europe, which isn't to be confused with the European Council or the Council of the European Union. With this clarity, let's take a deeper look at the members of the Council of Europe and their particular roles.
Differentiation Between European Council and Council of Europe Members
The first thing you need to grasp is the difference between the European Council and the Council of Europe. While both are crucial to European cooperation, they serve varied and distinct purposes.
The Council of Europe is an international organisation aimed at upholding human rights, democracy, and the rule of law in Europe. Although it shares the European emblem and anthem with the European Union, the two are entirely separate entities.
In contrast, the European Council, as you have learned previously, is an EU institution that sets the EU's overall political agenda. The comparison can seem complicated; however, to put it simply, one can desribe differences in table format as follows:
| Council |
Application |
Members |
| European Council |
Part of the EU, setting its political direction |
Head of states or governments of EU member countries and Presidents of European Council and European Commission |
| Council of Europe |
International organisation championing human rights, democracy and rule of law |
47 European countries, including all EU member countries |
Council of Europe Members' Duties and Obligations
Now, focussing on the Council of Europe, it has a much broader membership than the European Council. Currently, it includes 47 member countries, spanning from Iceland and Norway in the west, to Russia and Azerbaijan in the east.
When a country becomes a member of the Council of Europe, it takes on several duties and obligations. So, let's delve deeper into these responsibilities:
In the Council of Europe context, duties and obligations refer to the actions and commitments each member country must carry out and respect to uphold democratic values and human rights.
Further essential duties and obligations include:
- Participating in the Council's ministerial conferences and committee meetings.
- Cooperating with the Council's monitoring bodies, such as the European Court of Human Rights and the Commissioner for Human Rights.
- Contributing to the organisation's budget.
- Implementing the Council's standards and conventions.
- Working to uphold the rule of law, promote democracy, and protect human rights across areas such as social rights, cultural heritage, legal cooperation, and education.
Aside from these obligations, the Council of Europe also offers numerous opportunities for dialogue, policy discussion, and cooperation among its member countries. It serves as a critical platform for exchanging best practices, addressing common challenges, and fostering greater unity in Europe.
By understanding the members' roles within the Council of Europe, and their duties and obligations, you gain valuable perspective on this important institution committed to promoting democracy, human rights, and the rule of law across Europe.
European Council - Key takeaways
- The European Council provides the EU's overall political direction and deals with complex or sensitive issues.
- The Council of the European Union, also referred to as the 'Council of Ministers', works in tandem with the European Parliament to make EU laws based on proposals by the European Commission.
- The President of the European Council represents the council at the international level, ensures member states work towards the same political goals and interests, and has tasks such as driving the council's work, ensuring continuity in policymaking, facilitiating consensus, and promoting EU's values globally.
- A European Council Directive is a legislative act that outlines a goal that all EU countries must achieve, with each individual country deciding on their method to reach these goals; once passed, all member states are obligated to incorporate it into their national law.
- The Council of Europe is an international organisation separate from the European Union, aimed at upholding human rights, democracy, and the rule of law in Europe; its members differ from those of the European Council.
Explanations 
Exams 
Magazine 
