Civil dialogue: the Council of the European Union and the European Council

Content

  • Glossary
  • How are the main EU intergovernmental institutions structured?
  • How does the policy-making process within the Council work?

  • What are the problems of transparency of the Council of the EU and the European Council?

  • Examples of civil society involvement in informal Council meetings

  • Recommendations

  • To wrap up 

  • Take the quiz!

  • Materials and resources

Expected learning outcomes

 

  • To be able to navigate through the structure of the Council of the European Union.
  • To be able to identify the right person to contact within the Council for a specific policy file.
  • To explain the transparency problems of the Council of the EU and the European Council.

How are the main EU intergovernmental institutions structured?

There are two official ministerial intergovernmental bodies: the European Council, and the Council of the European Union (also called the Council). Furthermore, two informal groups exist: the Eurogroup and the Euro Summit. Of these four, only the Council of the EU has legislative powers.

The European Council gathers the Heads of State and Government of the EU Member States and the President of the European Commission, and is chaired by a President elected for a renewable term of two and a half years. Differently from all the other EU intergovernmental institutions, the President of the European Council is not chosen from among its members. Even if it does not have legislative powers, it has the highly political role of giving indications about future developments and priorities for the Union.

The Council of the EU is the other legislative body of the Union, alongside the Parliament, and is made up of the Ministers of the Member States. The Council has a rotating six-month Presidency; therefore, all the Council meetings and preparatory bodies (with few exceptions) are chaired by the representative of the Member States holding the rotating Presidency. The Council does not have a ‘plenary’, but it meets in thematic ‘configurations’ (similar to the Parliament’s committees), which gather Ministers from the same policy area (e.g., agriculture and fisheries, economic and financial affairs, foreign affairs, etc.). There is no hierarchy between the different configurations (even if the General Affairs configuration, made of the Ministers for EU affairs, has a special coordination role), and the decisions of a configuration are binding for the whole Council.

The Council of the EU and the European Council are supported by the General Secretariat of the Council, which ensures the coherence of the policy work of the Council and of its preparatory bodies. 

The Eurogroup is the informal meeting of the Ministers of Finance of the euro area Member States. It elects a President for a renewable mandate of two and a half years. It coordinates the policies of the Economic and Monetary Union. The Euro Summit is the meeting of the Heads of State and Government of the euro area.

How does the policy-making process within the Council work?

Most of the agreements are taken before the subjects are discussed within the Council, at the ministerial level. Most of the work is done by the Council’s preparatory bodies. The main preparatory body is the Committee of the Permanent Representatives (Coreper), which gathers the Permanent Representatives (i.e., the ambassadors) of the Member States to the EU. There are two Coreper configurations that prepare the work of different Council configurations: Coreper I (which gathers the deputy Permanent Representatives) prepares the work of a part of agriculture and fisheries (only financial or technical issues), competitiveness, education, youth and sport, employment, social policy, health and consumer affairs, environment, transport, telecommunications and energy Council configurations; Coreper II (which gathers the Permanent Representatives) prepares the work of the economic and financial affairs, foreign affairs, general affairs, and justice and home affairs Council configurations. Conversely, the work of Coreper is prepared by several preparatory bodies (called ‘working parties’ and ‘committees’), where most of the negotiations take place: the main actors are the attachés, who are the civil servants within the Permanent Representations in charge of specific policy areas, and civil servants from national ministries. 

Therefore, the policy cycle of a file within the Council (and respective actors) is preparatory bodies (attachés); Coreper (Permanent Representatives for Coreper II, deputy Permanent Representatives for Corpeer I); Council configurations (Ministers).

What are the problems of transparency of the Council of the EU and the European Council?

Of the main institutions, the European Council and the Council of the EU are considered the most intransparent. As regards the European Council, while it is possible to write letters to the European institutions, the e-mails of the members of the cabinet of the President of the European Council are not available (even if they could be deducted using the structure name.surname@consilium.europa.eu’) and the response rate is quite limited. Regarding the EU Council, the meetings when a legislative proposal is being discussed and voted on as well as when there is the first deliberation of important non-legislative acts are public, which is not the case for the European Council, as it always meets behind closed doors. 

However, most of the actual negotiations are done at the level of the Permanent Representations, whose degrees of transparency have been analysed by Civil Society Europe. Furthermore, the meetings of the preparatory documents are often classified by the Council as ‘limités’, therefore restricting their public access and not allowing citizens and CSOs of the Member States to monitor their official country’s position until the vote is taken.

Neither institution has in place a framework for engagement with civil society. The involvement of civil society within the Council’s activities mainly occurs in specific areas on the initiative of different EU Presidencies. However, during the informal Council meetings, certain ‘traditions’ of civil society engagement have been established, but they are neither structured nor widespread.

Examples of civil society involvement in informal Council meetings

The Human Rights and Democracy Network is involved in regular dialogue with the Human Rights Council configuration, as with the Council Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons.

The Social Platform is regularly invited to participate in the Informal Council Meeting on Employment and Social Affairs.

Environmental NGOs are regularly included in meetings within the Informal Environment Council Meeting.

Recommendations

  • Systematically make public the contacts of the key actors within the decision-making processes of the Council of the EU and the European Council.
  • Institutionalise and mainstream the tradition of civil society involvement in the Council configurations and preparatory bodies.
  • Ensure access to the Council’s preparatory documents.

To wrap up

 

  • The European Council gathers the Heads of State and Government of the EU Member States and the European Commission, while the Council of the EU gathers the Member States’ Ministers.

  • The Eurogroup gathers the finance ministers of the euro area, while the Euro Summit gathers the Heads of State and Government of the euro area.

  • The Council is the EU co-legislative body, together with the European Parliament, and all its structures are chaired for six months by a Member State (rotating Council Presidency).

  • The Council works and votes in ‘configurations’, gathering ministers from the same policy area.

  • Most of the negotiations happen in the preparatory bodies, whose work is carried out by the Permanent Representations of the Member States to the EU.

  • The main preparatory body is the Coreper, where the Permanent Representatives and their deputies participate.

  • Most of the daily negotiating work is done by lower preparatory bodies, where the Member States attachés participate. 

  • The negotiating policy-making process within the Council is dealt by, in order: the preparatory bodies (attachés); Coreper (Permanent Representatives for Coreper II, deputy Permanent Representatives for Coreper I); Council configurations (Ministers). 

  • The European Council and the Council of the European Union are considered the most intransparent EU institutions.

  • In some Council configurations, a ‘tradition’ of inviting civil society to informal Council meetings exists.

Take the quiz!

Test your knowledge of "Civil dialogue: the Council of the European Union and the European Council"

1 / 4

1) Which one is not an EU institution:

2 / 4

2) The Council of the EU votes on legislation:

3 / 4

3) The correct order of the policy-making in the Council and respective actors is:

4 / 4

4) Civil society organisations are:

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Contact

info@civilsocietyeurope.eu

Project information

Project Type: Collaborative Project

Call: H2020 SC6 GOVERNANCE-01-2019: Trust in Governance

Start: February 2020

Duration: 48 Months

Coordinator: Prof. Dr. Christian Lahusen,
University of Siegen

Grant Agreement No: 870572

EU-funded Project Budget: € 2,978,151.25