Council of the European Union

The Council of the European Union is one of the central institutions of the European Union’s political and legislative system. Frequently called the Council, and informally known as the Council of Ministers, it represents the governments of the EU Member States and serves as one of the Union’s two co-legislators alongside the European Parliament. Embedded in the Treaty on European Union, it plays a pivotal role in shaping, adapting, and approving legislation proposed by the European Commission.

Institutional Role and Composition

As an intergovernmental institution, the Council conveys the positions and interests of Member State governments. It operates in ten distinct configurations, each bringing together national ministers responsible for the relevant policy area. For example, agriculture ministers convene to discuss matters relating to the Common Agricultural Policy, while finance ministers participate in the Economic and Financial Affairs Council.
The Presidency of the Council rotates every six months among Member States. Ministers of the state holding the Presidency chair the meetings and set the agenda, ensuring continuity through joint programmes known as Presidency trios. An exception is the Foreign Affairs Council, which is permanently chaired by the High Representative of the Union for Foreign Affairs and Security Policy.
The Council’s decisions are usually taken by qualified majority voting, particularly in matters covered by the ordinary legislative procedure. Some sensitive fields, such as taxation and common foreign and security policy, still require unanimity, while procedural decisions may rely on a simple majority. In limited cases, the Council may also initiate new legislation.
Supporting the institution is the General Secretariat of the Council, which assists the Council, its Presidency, the European Council, and the President of the European Council. The Secretariat is led by the Secretary-General and structured into several directorates-general responsible for different administrative and policy domains.

Historical Evolution

The origins of the Council can be traced back to the European Coal and Steel Community (ECSC), where the Special Council of Ministers was established to balance the powers of the supranational High Authority. Its early responsibilities were limited, largely confined to matters outside the High Authority’s scope.
The Treaties of Rome of 1957 created two new Communities—the European Economic Community (EEC) and the European Atomic Energy Community (Euratom)—each with its own Council. Unlike the ECSC’s High Authority, the Commissions within the new Communities faced more substantial oversight, reflecting concerns about supranational influence.
A significant early challenge emerged during the Empty Chair Crisis of 1965, when France boycotted Council meetings in protest against agricultural policy proposals and wider institutional developments. The impasse ended with the Luxembourg Compromise, which informally allowed Member States to invoke a vital national interest to block decisions, thus strengthening intergovernmental elements within the Council.
The Merger Treaty of 1967 unified the Councils of the three Communities into the Council of the European Communities, providing a single legislative and decision-making body. The Maastricht Treaty of 1993, which established the European Union, gave the Council its current name and expanded its intergovernmental role, especially within the former three-pillar structure.
Further changes arrived with the Treaty of Lisbon (2009). Lisbon abolished the pillar structure, enhanced the powers of the European Parliament, separated the European Council as a distinct institution with its own President, and formalised the Council’s configurations. Additionally, the post of High Representative was merged with that of the European Commissioner for External Relations, giving the new High Representative the role of chairing the Foreign Affairs Council.
Throughout these developments, the Council’s evolution has been closely linked to the growing authority of the European Parliament, with which it now shares legislative responsibility. This has periodically led to institutional tensions as supranational and intergovernmental principles interact within the EU governance system.

Powers and Functions

The Council functions as a core component of the EU legislative machinery. In conjunction with the European Parliament, it scrutinises, amends, approves, or vetoes proposals put forward by the European Commission, which retains the exclusive right of legislative initiative. In most policy areas, the Council cannot act independently of the Parliament.
Key responsibilities include:

• Legislation: Under the ordinary legislative procedure, the Council and Parliament hold equal power. Both must agree to a proposal for it to become law.
• Budgetary Authority: The Council and Parliament jointly approve the EU budget.
• Policy Coordination: The Council plays a leading role in intergovernmental areas such as foreign affairs, economic coordination, and security matters.
• Executive Functions (historical): Before the Treaty of Lisbon, the Council held executive authority, which it delegated to the Commission.

In wider political terms, the Council acts as the collective representative of the executive branches of Member States, forming the intergovernmental counterpart to the supranational institutions.

Legislative Procedures

The EU’s legislative processes have diversified over time to reflect changing institutional balances. The main mechanisms include:

• Ordinary Legislative Procedure (co-decision): The standard method for most EU legislation. The Commission submits proposals, which undergo readings in both Parliament and Council. Agreement between both is required at each stage. Disagreements trigger further readings or conciliation through tripartite negotiations involving representatives of Parliament and the Council.
• Special Legislative Procedures: Applied in areas such as justice, taxation, budgetary matters, and selected elements of environmental policy. These procedures may give either the Council or the Parliament a dominant role in adopting legislation.
• Consultation and Consent Procedures: Used in specific fields, often requiring the Council to act with unanimity after consulting Parliament.

Legislative outcomes also vary depending on the type of EU law being adopted, including regulations, directives, decisions, and recommendations. The Council’s ability to influence policy reflects the interplay between national interests and the need for EU-wide agreement.

Institutional Significance and Ongoing Role

The Council remains an essential institution at the heart of the EU’s decision-making structure. Located in the Europa building in Brussels, it embodies the intergovernmental dimension of the Union by providing a platform for national ministers to shape European legislation and strategic policies.
Its role in the formation of the European Commission is especially notable: in the General Affairs Council configuration, it adopts the list of Commissioner candidates proposed by Member States in agreement with the Commission President-elect.
As the balance between intergovernmental and supranational governance continues to evolve, the Council’s actions remain critical to defining the trajectory of European integration. It serves both as a guardian of national interests and as a collaborative legislative body tasked with fostering consensus across an increasingly diverse Union.