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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 European Council III. An Expanded List of Tasks Together with the extension of parliamentary rights, the heads of state and government have not only reconfirmed but further expanded the list of tasks for 'their' European Council as a constitutional agent and central electoral and decision-making body. In that, the written letters attributing their functions, closely trace the 'lived' and established practice of the heads of government over the last three decades. While the European Council has now gained the status of an organ of the Union (Art. 19 (1) TCE), it cannot exercise legislative functions (Art. 21 (1) TCE); its decisions with binding force vis-à-vis third parties is now subject to review by the ECJ (Art. III-365 (1) TCE). This organ of the Union will now also elect its president (Art. I-22 (1) TCE) and the Union Minister for Foreign Affairs (Art. I-28 (1) TCE). The government chiefs shall set "priorities" and "objectives" (Art. I-21 (1) TCE) for many policy fields. The European Council will also be the last instance of appeal for certain questions concerning Justice and Home Affairs (e.g. Art. III-270), social policy (Art. III-136 TCE) and in Common Foreign and Security Policy (Art. III-300 (2d) TCE), if a member state veto a decision in the Council. The European Council will also take concrete decisions on open questions regarding the institutional architecture [Graphic] - such as the distribution of seats in parliament (Art. I-20 (2) TCE) or the composition (Art. I-24 (4) TCE) and presidency of the Council (Art. I-24(7) TCE). In its function as a "constitutional architect", the European Council can, based on a simple procedure for the revision of the Treaty (Art. IV-444 TCE), decide - in employing the so called 'bridging clause' - to replace the unanimity requirement with a qualified majority vote in the Council, or change a "special" into an "ordinary legislative procedure"; the IGC has nonetheless tied the hands of the European Council to the goodwill of national parliaments, as each of them can veto such decisions by the heads of states and governments (Art. IV-444 (3) TCE). Links: Treaty establishing a Constitution for Europe	Art. I-19(1) TCE 'The Union´s institutions' 1. The Union shall have an institutional framework which shall aim to: - promote its values, - advance its objectives, - serve its interests, those of its citizens and those of the Member States, - ensure the consistency, effectiveness and continuity of its policies and actions. This institutional framework comprises: - The European Parliament, - The European Council , - The Council of Ministers (hereinafter referred to as the "Council"), - The European Commission (hereinafter referred to as the "Commission"), - The Court of Justice of the European Union. Art. I-21(1) TCE 'The European Council' 1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.
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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
4. The Union Minister for Foreign Affairs
5. The European Commission

III. The European Council

III. An Expanded List of Tasks

Together with the extension of parliamentary rights, the heads of state and government have not only reconfirmed but further expanded the list of tasks for 'their' European Council as a constitutional agent and central electoral and decision-making body. In that, the written letters attributing their functions, closely trace the 'lived' and established practice of the heads of government over the last three decades.

While the European Council has now gained the status of an organ of the Union (Art. 19 (1) TCE), it cannot exercise legislative functions (Art. 21 (1) TCE); its decisions with binding force vis-à-vis third parties is now subject to review by the ECJ (Art. III-365 (1) TCE).

This organ of the Union will now also elect its president (Art. I-22 (1) TCE) and the Union Minister for Foreign Affairs (Art. I-28 (1) TCE).

The government chiefs shall set "priorities" and "objectives" (Art. I-21 (1) TCE) for many policy fields.

The European Council will also be the last instance of appeal for certain questions concerning Justice and Home Affairs (e.g. Art. III-270), social policy (Art. III-136 TCE) and in Common Foreign and Security Policy (Art. III-300 (2d) TCE), if a member state veto a decision in the Council. The European Council will also take concrete decisions on open questions regarding the institutional architecture [Graphic] - such as the distribution of seats in parliament (Art. I-20 (2) TCE) or the composition (Art. I-24 (4) TCE) and presidency of the Council (Art. I-24(7) TCE). In its function as a "constitutional architect", the European Council can, based on a simple procedure for the revision of the Treaty (Art. IV-444 TCE), decide - in employing the so called 'bridging clause' - to replace the unanimity requirement with a qualified majority vote in the Council, or change a "special" into an "ordinary legislative procedure"; the IGC has nonetheless tied the hands of the European Council to the goodwill of national parliaments, as each of them can veto such decisions by the heads of states and governments (Art. IV-444 (3) TCE).

Links:

Treaty establishing a Constitution for Europe

Art. I-19(1) TCE 'The Union´s institutions'

1. The Union shall have an institutional framework which shall aim to:

- promote its values,

- advance its objectives,

- serve its interests, those of its citizens and those of the Member States,

- ensure the consistency, effectiveness and continuity of its policies and actions.

This institutional framework comprises:

- The European Parliament,

- The European Council ,

- The Council of Ministers (hereinafter referred to as the "Council"),

- The European Commission (hereinafter referred to as the "Commission"),

- The Court of Justice of the European Union.

Art. I-21(1) TCE 'The European Council'

1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.

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