How the Council of the European Union works
In the Council, ministers from the 27 member states’ governments attend to negotiate and take decisions on the Commission's proposals for EU legislation. The ministers that meet depends on the subject being discussed. The Swedish Government must always consult the Riksdag regarding the matters on the agenda of Council meetings.
Adopts legislation together with the European Parliament
The Council is formally called the Council of the European Union, but is often referred to as the Council of Ministers or the Council. When the Council meets, government ministers from the EU member states attend. Its task is, together with the European Parliament, to negotiate and take decisions on the European Commission's proposals for new EU legislation. Council meetings are held in Brussels or Luxembourg, but the ministers that meet depends on the subjects on the agenda. If the negotiations concern climate policy, for example, the Minister for Climate and the Environment Romina Pourmokhtari (Liberal Party) will attend.
How an EU law is made
The Government consults the Riksdag
It is always the Government that represents Sweden in the Council. Before the ministers go to negotiate with the other member states, however, they are obliged to attend a meeting of the Riksdag's Committee on EU Affairs to consult it on the matters on the agenda. After its consultation, the Government has a mandate from the Riksdag which it is expected to follow in the negotiations in the Council. If the Government fails to observe the Riksdag's position, it risks criticism by the parliamentary Committee on the Constitution.
Ten different configurations
Sweden and the other member states have identified a number of economic and political issues around which they cooperate. In total, the Council can meet in ten different groupings – configurations – depending on the subject being discussed. How often the different Councils meet depends on the weight of the matters in the EU. Certain Councils, such as the Economic and Financial Affairs Council (ECOFIN), the General Affairs Council (GAC) and the Agriculture and Fisheries Council meet more frequently than others.
The EU's policy areas – an increasing number of subject areas for the EU
The Council's ten configurations:
- General affairs (general and overall EU matters)
- Foreign affairs
- Economic and financial affairs (ECOFIN Council)
- Justice and home affairs
- Employment, social policy, health and consumer affairs
- Competitiveness
- Transport, telecommunications and energy
- Agriculture and fisheries
- Environment
- Education, youth, culture and sport
Officials prepare matters on the agenda
Before a legislative proposal from the Commission lands on the table of the Council for a decision, officials from the member states have both prepared and negotiated the matter. As an institution, the Council not only consists of ministers, but also several levels of working parties and committees made up of officials.
Coreper prepares a basis for decision
The most important body is called Coreper (Committee of Permanent Representatives). Coreper comprises the highest-level officials in the member states’ Permanent Representations to the EU in Brussels – or the EU Ambassadors as they are also called. Their task is to negotiate with each other and to prepare a basis for the ministers’ decisions in the Council.
Decisions are followed by negotiations with the European Parliament
When the consideration of a legislative proposal is completed in Coreper, it is time for a decision by the ministers in the Council. If necessary, that is. Many matters are determined in Coreper and need only be formally confirmed by the ministers. For EU legislation to come into force, the Council and the European Parliament must agree. If the negotiations concern climate policy, for example, the Minister for Climate and the Environment will attend.
Decisions by qualified majority
The Council normally takes decisions by qualified majority. This means that at least 55 per cent of the EU member states must have voted for the proposal, that is at least 15 of 27 countries. These countries must also together cover at least 65 per cent of the population of the EU. If 24 countries vote in favour of a proposal, there is also a qualified majority, even without the population threshold of 65 per cent being met. At least four countries which together make up 35 per cent of the EU’s population are required in order to form what is termed a “blocking minority” and stop a decision by qualified majority in the Council.
Sometimes there is unanimity or a simple majority
For most matters in the Council, unanimity is required to enable a decision to be taken. This means that no country may vote against the proposal. This is the case for example for decisions on taxes and on contributions to the EU budget. This is also the general rule when it comes to the common foreign and security policy. In a few cases, the Council can decide by simple majority, that is, with a majority of its members. This applies, for example, to decisions on the Council’s own activities.
How an EU law is made
The Foreign Affairs Council is chaired in a special way
The Foreign Affairs Council is always chaired by the EU's High Representative for Foreign Affairs and Security Policy, currently Kaja Kallas from Estonia. She is often referred to as the EU’s Foreign Minister. The High Representative has a dual role in the EU as he is a member of both the Council and the European Commission.