Key Powers of the EU Commission and Council

Posted on Jun 12, 2025 in International Relations

The European Commission: Functions and Powers

The European Commission is the body responsible for initiating the regulatory process, which constitutes its primary power. The legislative process for any normative act unfolds as follows:

  • The Commission proposes legislation.
  • These proposals must be approved by the Council of the European Union, always considering the national interest.
  • They are also adopted by the European Parliament, almost always reflecting the interests of citizens who have voted.

This process highlights the cooperation of the three main institutions in creating a standard and sharing legislative power. The Commission’s essential mission is to promote the general interest, and it holds a virtual monopoly on legislative proposals, being the sole body that can open the legislative procedure.

The Council of the European Union: Key Powers and Composition

The Council is a legislative body, though not exclusively so. It assumes significant legislative powers and plays a crucial role in budgetary decisions. Furthermore, it possesses powers to coordinate Union policies. In summary, the Council is the institution with the broadest powers. It is important to note that when the Council makes a decision, it is binding on all Member States, regardless of whether they voted for or against it.

Council Composition: Article 16.2

According to Article 16.2, the Council consists of one representative from each Member State at ministerial level. This representative must be able to commit the Member State they represent and exercise the right to vote.

  1. Constitutional Right: Each Member State constitutionally determines who holds ministerial rank and can serve on the Council.
  2. Broad Interpretation of Ministerial Level: The expression ‘at ministerial level’ is interpreted broadly, encompassing ministers and the prime minister. In the Spanish context, it could also include regional ministers, provided they have the authorization of the national government.
  3. Representation: If a government member cannot attend, the government may be represented by another authorized person.
  4. Variable Composition: The composition of the Council varies depending on the specific topics being addressed.

Council Configurations and COREPER

When various topics are discussed, Member States may send individual ministers, each with a voice and a vote. This variable composition leads to different Council configurations. According to the Lisbon Treaty, there are 10 such configurations:

  • Foreign Affairs Council: Brings together foreign ministers. A key innovation of the Lisbon Treaty is that it must be presided over by the High Representative of the Union for Foreign Affairs and Security Policy.
  • General Affairs Council: Another regular configuration.
  • Economic and Financial Affairs Council (ECOFIN): Also highly relevant.

The changing composition of the Council can make it challenging to maintain a homogeneous line of work. To address this, a subsidiary body called COREPER (Committee of Permanent Representatives) was created. COREPER works on a permanent basis to prepare all the Council’s work. It is important to note that COREPER itself does not hold policy decision-making or legislative powers.

Council Presidency and Lisbon Treaty Reforms

The Council has a president, and its presidency operates on a six-month rotating principle, meaning a different Member State presides every six months. The Lisbon Treaty introduced significant changes to this system:

  1. High Representative for Foreign Affairs: The creation of the High Representative, who chairs the Foreign Affairs Council, is a major modification.
  2. Exceptions for Non-Euro States: There are specific exceptions for Member States that do not use the euro currency.
  3. Reduced Importance of Rotating Presidency: With the establishment of a permanent presidency for the Union (held by the President of the European Council and the High Representative), the rotating presidency of the Council has become less prominent than before the Treaty of Lisbon entered into force.

This biannual rotation system also applies to COREPER and any other working groups or bodies under the Council’s jurisdiction. Currently, there are over 200 such working groups, and Spain often presides over many of them.