Considerations on the functions of the European Council

• Author: Ileana Voica
• Pages: 62-76

Considerations on the functions of the European Council

Lecturer Ileana VOICA

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Abstract

The work focuses mainly on the functions of the European Council, after a brief

review of its regulations in the treaties, its composition and organization, as well as on

the functioning of the European Council. It also addresses the E uropean Council's con-

nection with the EU Council, mainly in order to underline the importance of the EU

Council for Romania in the current period, when our country holds the presidency of the

EU Council, for six months, starting with January 1st 2019, but also in order to avoid any

confusion between the European Council and the EU Coun cil.

Keywords: European Council, EU Council, legislative functions, organic attrib-

utes, EU strategic interests, draw back of a Member State, COREPER (Committee of

Permanent Representatives).

JEL Classification: K23, K33

1. European Council – history

1.1. Regulation of the European Council institution prior to the

Treaty of Lisbon

The European Council, composed of Heads of State and Heads of Gov-

ernment, must not be confused with the Council (of the European Union), which

consists of one representative from each Member State, at ministerial level, em-

powered (authorized) to appoint the government of that Member State (Article

16 TUE), or with the Council of Europe, established in 1949, which circum-

scribed to the social-cultural field.

The European Council acquired an official status by the Maastricht

Treaty. Its role is to give impetus to the development of the Union and to define

its general guidelines.

The European Council does not participate in the formal decision-making

process set by the Community Treaties. It only pronounces on a political point of

view and, the task of applying the Community Policies is upon the Community

Institutions, particularly on the Council of the European Union.

Thus, TMs, in art. 13 par. (1) and (2), specifies the role of the European

Council, while in para. (3), it specifies how the European Council itself should

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Ileana Voica – Department of Law, Bucharest University of Economic Studies, Romania, ile-

ana_voica@yahoo.com.