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It is also mentioned in the Treaty on the European Community
Article 121

2. On the basis of these reports, the Council, acting by a qualified majority on a recommendation
from the Commission, shall assess:
-- for each Member State, whether it fulfils the necessary conditions for the adoption of a single
currency;
-- whether a majority of the Member States fulfils the necessary conditions for the adoption of a
single currency,
and recommend its findings to the Council, meeting in the composition of the Heads of State or
Government. The European Parliament shall be consulted and forward its opinion to the Council, meeting
in the composition of the Heads of State or Government.

Also when appointing the board of the ECB (Article 112), the European Monetary Institute (Article 117), transitional steps of the Economic and Monetary Union (Articles 121-122) and the nomination of the President of the Commission (Article 214).


When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Carrie (migeru at eurotrib dot com) on Sun Jun 15th, 2008 at 07:03:25 PM EST
[ Parent ]
And the conclusion is? ;-)

You can't be me, I'm taken
by Sven Triloqvist on Mon Jun 16th, 2008 at 03:03:24 AM EST
[ Parent ]
The "European Council" is only an EU Institution when it is a "configuration" of the "Council of the European Union". Otherwise it's just for the Heads to feel important and for the press to have someone to photograph. There is only one Council.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Carrie (migeru at eurotrib dot com) on Mon Jun 16th, 2008 at 03:05:42 AM EST
[ Parent ]
Good!

Tomorrow I will start with an analysis of the EU components in preparation for a more detailed discussion. I'll have to work with the official EU view first - but, as you have revealed, we have to go behind the photo-ops to discover the real structure as it affects citizens.

You can't be me, I'm taken

by Sven Triloqvist on Mon Jun 16th, 2008 at 03:38:41 AM EST
[ Parent ]
But don't get "the official EU view" from the EU delegation to Japan. Get it from the Commission's Europa.eu site, and their glossary.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Carrie (migeru at eurotrib dot com) on Mon Jun 16th, 2008 at 03:46:35 AM EST
[ Parent ]
Is this true according to the Nizza and Lisbon Treaties, too? I have to check, but I seem to recall that the difference did count when it came to the definition of "Presidency of the Council" vs. "President of the European Council".

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Mon Jun 16th, 2008 at 04:17:27 AM EST
[ Parent ]
All I have quoted is from the consolidated treaties pre-Lisbon.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Carrie (migeru at eurotrib dot com) on Mon Jun 16th, 2008 at 04:54:07 AM EST
[ Parent ]
I'm browsing it right now. There's this:

The Treaty on European Union shall be amended in accordance with the provisions of this Article.

...

9. Article 40 shall be replaced by the following Articles 40, 40a and 40b:

...

Article 40a

1.
Member States which intend to establish enhanced cooperation between themselves under Article 40 shall address a request to the Commission, which may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so. Those Member States may then submit an initiative to the Council designed to obtain authorisation for the enhanced cooperation concerned.

2.
The authorisation referred to in paragraph 1 shall be granted, in compliance with Articles 43 to 45, by the Council, acting by a qualified majority, on a proposal from the Commission or on the initiative of at least eight Member States, and after consulting the European Parliament. The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community.

A member of the Council may request that the matter be referred to the European Council. After that matter has been raised before the European Council, the Council may act in accordance with the first subparagraph of this paragraph.

Here European Council and Council seem to bee treated as separate entities.

*Lunatic*, n.
One whose delusions are out of fashion.

by DoDo on Mon Jun 16th, 2008 at 05:32:13 AM EST
[ Parent ]
Right.

Which is rather bizarre since the Government is under the authority of the Head of Government.

Does the Lisbon Treaty retain the "configuration of Heads of State or Government"?

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Carrie (migeru at eurotrib dot com) on Mon Jun 16th, 2008 at 06:13:17 AM EST
[ Parent ]
Nominally, ministers are NOT under the authority of a PM, and things get even more interesting if there is a cohabitation between a President and a government in a country. At any rate, I take this provision to mean that whoever wants to make such a request, it has to be the Council of the bosses that gives the approval.

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Mon Jun 16th, 2008 at 10:09:19 AM EST
[ Parent ]
The German Chancellor might take any question and decide it in lieu of the minister (Richtlinienkompetenz, Art. 65 Satz 1 GG). Whether he effectively can is, of course, another question.  

Generally speaking, collegiality seems to be on the retreat, except in Switzerland. E.g., the weight of the numerous British ministers seems to be rather light, and decreasing. And, last but not least, the US gouvernment is really monocratic, and has, for all intents and purposes, no ministers at all.

Nobody cares for the [quality of the] administration any more.

by Humbug (mailklammeraffeschultedivisstrackepunktde) on Mon Jun 16th, 2008 at 06:27:05 PM EST
[ Parent ]
If you want an official consolidated version of the Lisbon Treaty, it's here.

For instance

Article 10

  1. The functioning of the Union shall be founded on representative democracy.
  2. Citizens are directly represented at Union level in the European Parliament. Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.
  3. Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen.
  4. Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union.
I like paragraph 4 - wishful thinking on the "forming political awareness", since the Media call the shots.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Carrie (migeru at eurotrib dot com) on Mon Jun 16th, 2008 at 06:21:42 AM EST
[ Parent ]
As for the consolidated versions after the Treaty of Lisbon, the European Council and the Council are clearly separated. Definition is in  the Consolidated version of the Treaty on European Union, Title II, Article 10:

2. Citizens are directly represented at Union level in the European Parliament.

Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.

Consolidated version of the Treaty on The Functioning of The European Union, Part Six (Institutional Provisions), Title I, Chapter 1 has separate Sections 2 and 3 for the European Council and the Council.

*Lunatic*, n.
One whose delusions are out of fashion.

by DoDo on Mon Jun 16th, 2008 at 06:07:49 AM EST
[ Parent ]
Right, so the EU has been getting ahead of itself in updating its information pages (there is a notice in the Glossary about updating to reflect the Lisbon Treaty, too).

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Carrie (migeru at eurotrib dot com) on Mon Jun 16th, 2008 at 06:11:27 AM EST
[ Parent ]
The distinction between the COREPER and the Council is customary and protocolary in the first place, ministers being more dignified. Cf. the diplomatic practice at international conferences, to end with a minister's conference.

Thus, if the COREPER accepts a measure it gets on the »A« list and is summarily agreed to by the Council.

One may compare the German Federal Council (Bundesrat, Art. 50—53 GG): only ministers (i.e. members of the regional gouvernment (Landesregierung) may vote; votes are weighted and cannot be split, and the regional chief ministers (Ministerpräsidenten) meet from time to time outside of the council.

Could they vote on bills on this occasion? No, because the Federal Council needs to be convened in due form.

by Humbug (mailklammeraffeschultedivisstrackepunktde) on Mon Jun 16th, 2008 at 07:16:44 PM EST
[ Parent ]
Welcome to ET!

Bah, humbug :-)

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Carrie (migeru at eurotrib dot com) on Tue Jun 17th, 2008 at 01:33:59 AM EST
[ Parent ]

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