TEPSA - Trans European Policy Studies Association’s Post

Transcript

Welcome back to EU Democracy Explained. In the�� last episode we explored the concept of democratic���� accountability and how it applies to the European�� Commission, and we discovered the ���Institutional���� Triangle���, which is where EU legislation gets�� made. Now, in that triangle there is a dual���� legitimacy, where European citizens��� interests�� are represented via two avenues; the directly���� elected European Parliament, on the one hand, and�� the Institution we are going to talk about today,���� the Council, of the European Union, where citizens�� are represented via each of their national���� governments. We���ll explore its makeup, its role�� and internal functioning, and we���ll discover what���� its crucial role in the legislative process might�� mean in terms of defining what the EU actually���� is. The Council of the European Union, commonly�� referred to as ���the Council���, was established���� in the 1950s as the ���Council of Ministers��� in�� order to provide a State-driven counter-balance���� to the supranational High Authority of the�� then-European Coal and Steel Community,���� the body that would later develop into the modern�� European Commission. Before we go further though,���� we need to clarify a common misunderstanding.�� You see, the Council of the European Union (even���� if it is referred to in shorthand as ���the�� Council���) is not the only ���council��� in the���� system ��� there is also the European Council.�� But these are very different institutions,���� with different members and completely different�� roles. While the Council of the EU has its���� origins in the treaties, the European Council�� was created in 1974 by the Heads of State or���� Government of the Member States. It only became�� an EU institution in the Lisbon Treaty of 2009,���� the agreement which sets out the functioning of�� the European Union and which is still in force���� today. Lisbon codified European Council practices�� that had been developed since its foundation,���� added a full-time President (you might recognise�� names like Herman van Rompuy, Donald Tusk,���� or Charles Michel), and limited the Institution���s�� composition to the Heads and State or Government,���� whereas previously, Foreign Ministers had�� participated as well. While the Council of the���� EU decides on legislation within the institutional�� triangle, the European Council defines the Union���s���� general political directions and priorities ��� in�� other words, it sets the EU���s agenda. Now, you���� can understand why the differences between these�� two bodies can appear confusing at first: you have���� two institutions that ��� first of all - sound�� very similar, and which both represent aspects���� of the national governments of the Member States.�� But they have different memberships, leadership���� structures, frequencies of meetings, and,�� crucially, they have strikingly different roles in���� the EU���s institutional structure. We���ll return to�� the European Council in a future episode, but now���� that we���re clear on the differences between the�� two, let���s delve deeper in the role and structure���� of the Council of the European Union. The Council�� is legally-speaking one single entity, but it is���� divided into 10 different configurations, each�� focusing on a specific policy area, with the���� relevant national government ministers attending.�� These are: General Affairs; Economic and Financial���� Affairs; Justice and Home Affairs; Employment,�� Social Policy, Health and Consumer Affairs;���� Competitiveness; Transport, Telecommunications and�� Energy; Agriculture and Fisheries; Environment;���� and Education, Youth, Culture and Sport. One�� important configuration is Foreign Affairs: unlike���� the others, this one is chaired by the EU���s High�� Representative. Now, that���s a lot to consider, but���� the detail of each configuration���s work is a story�� for another time. For now, let���s focus on the main���� benefit of structuring an institution���s work in�� this way ��� and it���s actually a similar benefit,���� although it is applied differently, to the one�� that the Commission pursues when it divides���� itself into policy-relevant Directorates-General,�� or that the Parliament pursues when it appoints���� its members to Committees or Sub-Committees. It�� allows the institution to develop specialised,���� thematic expertise linked to each different�� policy-area. This kind of division within a���� governmental institution is commonplace across�� global democracies, and it���s actually the same���� benefit that national governments are seeking�� out when they divide themselves into different���� ministries. But, as we know, the EU shouldn���t�� be compared to a national government. For the���� Council (which still operates within�� a wider system, we shouldn���t forget),���� the benefit of dividing its configurations by�� policy area is that each relevant minister from���� the national governments can contribute where they�� have the most relevant expertise, and crucially,���� where they are empowered by their governments�� to make decisions. The extra scope for detailed���� discussion this structure affords is reflected in�� the fact that the Council meets, in its various���� guises, very frequently: 70 to 80 times per year.�� Different configurations meet with different���� frequency: some, like General Affairs and Foreign�� Affairs (among others), meet on a monthly basis;���� others, like Education, Youth, Culture and Sport�� for instance, meet less frequently, maybe twice���� per semester. This variety is a function of two�� key factors: first, the Council���s legislative���� function (because in order to decide on a proposal�� dealing with a specific policy area, the relevant���� Council configuration needs to meet), and second,�� the nature of the file: for instance, Foreign���� Affairs requires regular exchanges and political�� decisions, so naturally that configuration meets���� more regularly. As we discovered last episode, the�� institutional triangle is the key component of how���� EU legislation gets passed, and part of that�� triangle is that, whether under the ordinary���� legislative procedure or not, the Council needs to�� decide yes or no on all proposals coming from the���� Commission. This requires an intense commitment on�� the part of the Council to make sure all the files���� are addressed adequately, and to ensure a proper�� dialogue between the Council and Parliament, as���� well as with the Commission. Hence, a significant�� support structure for the decision-makers in each���� Council meeting, and a high frequency of�� meetings. The Council is able to manage���� this intense workload with the help of the 3000�� or so civil servants in the General Secretariat���� of the Council. Now, all EU institutions have a�� secretariat devoted to implementing their work,���� but the GSC is unique insofar as it assists the�� work not only of the Council but also of the���� European Council. Some of its core tasks include�� assisting, advising, and helping to coordinate the���� work of both institutions, providing logistical�� support to meetings, and preparing draft agendas,���� reports, notes and meeting minutes. The�� GSC also has its own translation service,���� which you can imagine is crucial when it comes to�� ensuring that proposals make sense in all of the���� 24 official languages of the Union. Finally, the�� GSC has a crucial role in supporting something���� called the ���Rotating Presidency of the Council���.�� It advises the Presidency and prepares briefings���� for it before each Council or Coreper meeting.�� The rotating presidency is perhaps the most unique���� aspect of the Council���s structure and functioning:�� a different EU Member State holds the reins of the���� institution on a 6-month basis. This means that�� in each configuration of the Council (except the���� Foreign Affairs Council), the relevant national�� government minister from the country currently���� holding the rotating presidency chairs. Each new�� presidency works in a so-called ���trio��� with two���� other presidencies, forming 18-month blocs;�� and the General Secretariat of the Council���� works very closely with national politicians and�� civil servants to ensure each presidency runs���� smoothly. What this system allows is for each of�� the EU Member States, from the biggest, richest,���� and most powerful to the very smallest, to hold�� the reins on an equal basis. This gives a sense���� of real ownership over the agenda, and creates a�� ���club��� atmosphere between the 27, the benefit of���� which (in terms of working together in the best�� interests of citizens) cannot be overstated.���� If you���re interested in when your country will�� next hold the rotating presidency, you can even���� look it up on the Council���s website, where the�� presidencies are listed up until 2030. To decide,���� the Council has three voting options on the table.�� The first is ���unanimity���, where everyone must���� agree, but where there is an option to abstain.�� So you still have broad agreement, but a country���� abstaining from a motion isn���t a formal ���veto���.�� Unanimity applies to the most sensitive policy���� areas, where major national interests are at stake�� and it is most important that everyone agrees.���� These are areas like the Common Foreign and�� Security Policy of the EU, European citizenship,���� and EU membership, among others. It also applies�� to some limited areas of policies like taxation.���� The second is ���qualified majority���, where a�� decision can only be taken if 55% of the Member���� States representing 65% of the EU���s population�� agree ��� now, this does mean that your government���� may not be in favour of the decision taken, but�� it does guarantee a so-called ���double majority������� of support, thus giving a solid foundation of�� legitimacy to whatever decision is taken. Finally,���� the third possibility is for the Council to vote�� by a simple majority, but this is only used in���� cases of internal procedural decisions, or to�� request the Commission to undertake a study or���� submit a proposal. It���s a complex mechanism, but�� it does give ample opportunity for each country���s���� voice to be heard. Some people have described the�� Council as being ���like a black hole���, but once you���� look closer, you see that actually that���s not the�� case. To ensure transparency, voting results are���� automatically made public and ministers are able�� to add explanatory notes to add context to their���� decisions, the legislative documents that go to�� the Council are made publicly available, and when���� the Council discusses legislation, the session is�� livestreamed! This is no ���smoke-filled back room���,���� rather, each of the 27 governments currently�� in the European Union get to decide on which���� legislation gets passed, and which doesn���t. If you�� remember the concept of ���vertical accountability������� we discussed last episode, this is an example�� of precisely that: a transparency mechanism���� that allows you as a citizen to keep tabs on�� what your government is doing on your behalf.���� This representation of the national governments�� forms a key part of the EU���s dual legitimacy,���� and opens up a new question about the very nature�� of the EU as an entity. It���s difficult to consider���� the nature of the EU as an entity without�� getting into the weeds of academic discourse,���� and entire libraries��� worth of books have been�� written on the subject, which is far beyond���� the scope of this video. In short, there are a�� number of different theories that you could use���� to analyse what the modern EU is, could become, or�� should strive towards. Some, who prefer to look at���� the EU institutions through a supranational lens,�� are in favour of building the EU towards a federal���� system. Others analyse the EU through the theory�� of intergovernmental cooperation where the main���� emphasis is on the role of national governments as�� the drivers of EU integration via the Council. As���� we���ve discovered over the course of this series,�� these common refrains don���t quite tell the���� full story. As we know, the EU is based on ���dual�� legitimacy��� provided by the democratically elected���� national governments in the European Council and�� the Council and by the directly elected European���� Parliament. Governments��� interests and citizens����� interests. You then bring in an independent���� European Commission acting in the interest of�� the EU as a whole, and all the other institutions���� that we discussed in the last episode. The way�� decisions get made in this system is defined���� by the competences granted to the European�� Union, which themselves are set out in detail���� in the Treaties on which the EU���s structures�� and functioning are based. Some competences���� are exclusive, meaning the EU alone is able to�� pass legislation. Some competences are shared,���� meaning both the EU and national governments are�� able to pass laws: these include employment and���� social affairs, among others. Meanwhile, some�� are referred to as supporting competences,���� where the EU can only support or complement the�� action of its Member States. And, mirroring this,���� the way the Council works also depends on which�� policy area is being discussed. So you could say���� that in some aspects the EU has more autonomy,�� although not quite in a fully federal way,���� and that in others it functions in a much�� more intergovernmental manner. In the end,���� active choices by EU Member States are key�� drivers of this ���integration��� process, whereby���� European countries deepen and widen their areas of�� integration or cooperation in political, economic,���� and legal affairs among others. The proposals�� may come from the Commission, which represents���� the interests of the EU as a whole, but they�� are decided on by the ministers in the Council,���� who represent the interests of the EU Member�� States. And remember: the European Council, which���� among other responsibilities sets the agenda,�� is made up of the Heads of State or Government,���� and it mainly functions by consensus. So you have�� a system where national leaders in the European���� Council set the agenda, and where proposals�� can���t become law unless national ministers in���� the Council consent. The EU is a complex beast,�� with elements of all the different schools of���� integration theory dotted about: it���s important to�� remember that. It���s too simplistic to say ���the EU���� is only intergovernmental���, or to artificially�� oppose any two schools of integration theory���� (���intergovernmentalism versus supranationalism���).�� As an entity, the EU embraces plenty of different���� approaches in order to find a compromise. And�� let���s think back to the different voting systems���� we explored earlier: in the Council, where the�� emphasis is being put on finding compromise,���� working together, reaching agreement, you have�� an in-built structure that helps to make policy���� by agreeing together, you have a deliberative�� approach that allows for capacity-building and a���� healthy exchange of expertise and best practices�� between the Member States, and, ultimately,���� you have a compromise that helps build an ���Ever�� Closer Union��� between EU countries, on their���� own terms. Next episode we���ll be looking into�� the body that represents EU citizens directly:���� the European Parliament. And while to the casual�� observer it might seem that the Parliament is the���� natural place to find representation in the EU,�� the representation that we see in the Council is���� just as important. We see it in the crucial role�� it plays in deciding on Commission proposals,���� most often in co-decision with the Parliament.�� So next time one of your government���s ministers���� comes to Brussels for a Council meeting, pay�� attention ��� you might just learn something.���� And if that minister comes home and complains�� about the latest ���imposition��� from ���Brussels���,���� remember: their role in the Council is crucial in�� approving the EU���s legislation. In the meantime,���� let us know your thoughts in the comments�� below: did you know about the different���� Council configurations and their roles?�� Do you think its voting procedures ensure���� enough protection for countries that may not�� support new proposals? And what about the���� bigger questions on the fundamental nature�� of the EU? Thanks for watching, I hope you���� enjoyed that video. If you���re interested�� in the rotating presidency of the Council,���� be sure to check out our website, where we collect�� all of TEPSA���s work on the subject, from regular���� conferences and policy recommendations,�� to this episode of EuropeChats all about���� it. And if you want to learn more about the�� EU, be sure to like, comment, and subscribe!