The Council of the European Union
(Council of Ministers) [print sheet]
Last updated: 24/04/07

Commonly known as the Council of Ministers, this institution is made up of the relevant government ministers from member states. In 'first pillar' areas, it does not have the power to propose new legislation, as this is the remit of the Commission. However for any EU law to be passed, or deal on the EU budget to be agreed, the Council of the European Union (along with the European Parliament) must vote in favour of it.

In matters relating to foreign, defence and home affairs policy, where member states have not delegated powers to the other EU institutions, the Council plays the predominant role. For example, it has the power to sign international agreements with non-EU countries on behalf of the EU.

Established under the Treaty of Rome (1957), the Council’s role has expanded during the history of the EU to give it jurisdiction over many areas of policy.  However, as the activities of the EU have expanded, the Council has lost some authority to the Commission.  Under the Single European Act (1986) the ability of individual member states to veto Council decisions began to be reduced to cover only the most important issues, as Qualified Majority Voting (QMV) was introduced. This is a process that has continued in subsequent EU treaties.

The Commission proposes most of the issues discussed. Ministers then consider these proposals and have the power to commit their governments to new policies. Council meetings are attended by whichever ministers are responsible for the items to be discussed: for example foreign ministers, finance ministers or farm ministers. The most important gatherings are Ecofin (for economic issues), the Council of Foreign Ministers and the Council of Agriculture Ministers, each of which meets monthly. Prior to meetings, COREPER - a committee of permanent representatives of the member states' Civil Services - plays a major behind-the-scenes role in seeking common ground between member state governments. The Council is also aided by a powerful bureaucracy and Council Secretariat to run its administration, currently headed by Javier Solana.

Each country has a number of votes in the Council broadly reflecting the size of their population, but weighted in favour of smaller countries. Often Ministers will avoid a vote by agreeing to a policy unanimously. If a vote is needed, QMV is used. The presidency of the Council rotates between the member states, changing every six months. Every few months Heads of State and Government of the member states meet under the leadership of the Council Presidency as a related institution called the European Council.

• The Council’s own permanent secretariat number some two thousand five hundred officials in six departments.
• The Council still meets mainly in secret; neither minutes of meetings nor Ministers’ negotiating processes are made public.

For

• The Council of the European Union means that much decision-making remains in the hands of Ministers elected democratically in their home states.
• The Council is more accountable than the Commission because Ministers are answerable to national parliaments and their electorates.
• The Council's power helps balance the interests of member states with those of the EU.

Against

• The Council of the European Union operates in an undemocratic way - taking decisions largely in secret which directly effect European citizens.
• Because Ministers have the power to commit and take decisions in a secret Council meeting it can be difficult for national parliaments to keep track of changes that are being made.
• QMV means that sometimes countries have decisions forced upon them that they do not support and may not be able to pass through their national parliaments.

‘The Council has given no valid reasons for refusing to meet in public whenever it is acting in its legislative capacity...’  Nikiforos Diamandouros, European Ombudsman, October 2005

‘The EU is the only legislature in the world, except North Korea, that still makes laws in secret.’  Open letter from British Conservative MEPs to the EU, September 2005