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	EU E-Learning Units
HOME CONTACT E-Learning Unit 3: The EU Institutions and Modes of Governance Introduction The Treaty Establishing a Constitution for Europe Dissolving of the Pillar Structure Reforming the Union´s Competencies A Clear-Cut Catalogue of Competences? Categories of Competences Reforming the Procedures and Instruments Revision Procedures Legislative Procedures Budgetary Procedure A Revised Institutional Architecture The European Parliament Increase in Competence and Function With New Strength Towards a Bicameral System A Full-Fledged Parliament? The European Council An Expanded List of Tasks The President of the European Council The Council of Ministers Composition of the Council and its Presidency The New Majority Formula An Enhanced Ability? The Union Minister for Foreign Affairs The European Commission Reforms in the Light of European 'Leitideen' An Enhanced President of the Commission The College Perspectives Towards a New Institutional Balance? In a Fusion Trend? The TCE as a Further Step in the Evolution of European States? Further Readings .	III. The Council of Ministers Reforming the Council of Ministers in his hybrid form, performing simultaneously legislative functions with the European Parliament and executive functions with the Commission, had been set on the agenda well before the European Convention. The reforms were even advanced by the European Council (Sevilla 2002) while the Convention was convening. Apart from a clear distinction between executive and legislative functions, the effective configuration of its internal structures, which had been characterised by varying formations of the Council and changing presidencies as well as by intransparent modes of decision-making, was the focal point of the debates. The Convention discussed both issues: even though the double function of the Council was not questioned anymore, comprehensive proposals for distinction were presented. Moreover compromises were reached on the issues of the composition of the Council, its modes of decision-making as well as the contested Presidency of the Council - some of them beeing considerably changed by the Intergovernmental Conference. III.3.1 Composition of the Council and its Presidency The Constitutional Treaty lays down several - and in part very profound - changes to the Council, as compared to the currently valid treaty. The IGC has slightly modified the compositions of the Council (Art. I-24 TCE) without establishing a true 'two-chamber-system': the legislative Council proposed by the Convention was discarded altogether. The reform [new composition of the Council] was focused on the 'Council of Common Affairs' changing its assignment, which had comprised both the internal coordination of the Council and issues of foreign policy. Since the ministers of foreign affairs will convene in the Foreign Affairs Council once the Constitutional Treaty will have entered into force, the Common Affairs Council will have too deal exclusively with internal coordination. The European Council has been given the assignment to agree on the composition (Art. I-24 (4) TCE) and the presidency of the Council (Art. I-24 (7) TCE) - not including the Foreign Affairs Council. Following a draft conclusion of the European Council, representatives of three member states shall assume the presidency for a period of 18 months; these shall be determined according to the entrenched principle of rotation "taking into account European political and geographical balance and the diversity of its members" (Art. I-24 (7) TCE). This design does not promise significant steps towards improving the coherence and continuity in the work of the Council as compared to the status quo. Equally, the envisaged multi-annual planning of the Council's work will not produce impulses for enhanced efficiency - as experience of previous attempts in this direction suggests. Links: Conclusions of the European Council in Sevilla (2002)	Source: www.liv-coll.ac.uk/
GLOSSARY: 'Convention on the Future of Europe' This panel was established for the first time in the history of the EU by the Declaration of the European Council in Laeken (2001). The European Convention held the mandate to develop a comprehensive draft treaty. The panel was given its name according to historic role models of constitutuent institutions, which indicates the possible outcome of its work.

EU E-Learning Units

CONTACT

E-Learning Unit 3: The EU Institutions and Modes of Governance

Introduction
The Treaty Establishing a Constitution for Europe
A Revised Institutional Architecture
1. The European Parliament
2. The European Council
  1. An Expanded List of Tasks
  2. The President of the European Council
3. The Council of Ministers
  1. Composition of the Council and its Presidency
  2. The New Majority Formula
  3. An Enhanced Ability?
4. The Union Minister for Foreign Affairs
5. The European Commission

III. The Council of Ministers

Reforming the Council of Ministers in his hybrid form, performing simultaneously legislative functions with the European Parliament and executive functions with the Commission, had been set on the agenda well before the European Convention. The reforms were even advanced by the European Council (Sevilla 2002) while the Convention was convening. Apart from a clear distinction between executive and legislative functions, the effective configuration of its internal structures, which had been characterised by varying formations of the Council and changing presidencies as well as by intransparent modes of decision-making, was the focal point of the debates.

The Convention discussed both issues: even though the double function of the Council was not questioned anymore, comprehensive proposals for distinction were presented. Moreover compromises were reached on the issues of the composition of the Council, its modes of decision-making as well as the contested Presidency of the Council - some of them beeing considerably changed by the Intergovernmental Conference.

III.3.1 Composition of the Council and its Presidency

The Constitutional Treaty lays down several - and in part very profound - changes to the Council, as compared to the currently valid treaty. The IGC has slightly modified the compositions of the Council (Art. I-24 TCE) without establishing a true 'two-chamber-system': the legislative Council proposed by the Convention was discarded altogether. The reform [new composition of the Council] was focused on the 'Council of Common Affairs' changing its assignment, which had comprised both the internal coordination of the Council and issues of foreign policy. Since the ministers of foreign affairs will convene in the Foreign Affairs Council once the Constitutional Treaty will have entered into force, the Common Affairs Council will have too deal exclusively with internal coordination.

The European Council has been given the assignment to agree on the composition (Art. I-24 (4) TCE) and the presidency of the Council (Art. I-24 (7) TCE) - not including the Foreign Affairs Council.

Following a draft conclusion of the European Council, representatives of three member states shall assume the presidency for a period of 18 months; these shall be determined according to the entrenched principle of rotation "taking into account European political and geographical balance and the diversity of its members" (Art. I-24 (7) TCE). This design does not promise significant steps towards improving the coherence and continuity in the work of the Council as compared to the status quo. Equally, the envisaged multi-annual planning of the Council's work will not produce impulses for enhanced efficiency - as experience of previous attempts in this direction suggests.

Links:

Conclusions of the European Council in Sevilla (2002)

Source: www.liv-coll.ac.uk/

GLOSSARY:

'Convention on the Future of Europe'

This panel was established for the first time in the history of the EU by the Declaration of the European Council in Laeken (2001). The European Convention held the mandate to develop a comprehensive draft treaty. The panel was given its name according to historic role models of constitutuent institutions, which indicates the possible outcome of its work.