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Part 2 · Chapter 5a of 17

The European Council & The Council of the EU

📖 Art. 15–16 TEU (Treaty on European Union) · Art. 235–240 TFEU (Treaty on the Functioning of the European Union) ❓ 2 Sample Questions
One of the most common sources of confusion in the EPSO exam: the EU has two different institutions with very similar names. The European Council (heads of state/government) sets strategic direction. The Council of the EU (ministers) legislates and coordinates. They are completely separate — learn the differences carefully.

1. Side-by-Side Comparison

Institution 1

European Council

Art. 15 TEU · "Summit of Leaders"
Members
Heads of State or Government of all 27 member states + its President + Commission President
Meets
At least 4 times per year (quarterly summits), Brussels
President
Permanent President elected by QMV (Qualified Majority Voting) for 2.5 years (renewable once). Currently: António Costa (since Dec 2024)
Role
Defines general political directions and priorities of the EU. Does NOT exercise legislative functions.
Voting
Consensus (general rule). QMV for some procedural matters. No voting for defining directions.
Institution 2

Council of the EU

Art. 16 TEU · "Council of Ministers"
Members
One minister per member state (the relevant minister depending on agenda). 27 members.
Meets
Regularly throughout the year in 10 configurations. Mostly in Brussels (April, June, Oct: Luxembourg).
Presidency
Rotating 6-month presidency (one member state at a time). Exception: Foreign Affairs Council chaired by HR/VP.
Role
Co-legislates with EP. Coordinates economic policies. Concludes international agreements. Adopts EU budget.
Voting
QMV (general rule), unanimity (CFSP (Common Foreign and Security Policy), taxation, constitutional matters). See Chapter 5b.
⚠️ Common exam trap: The "Council of Europe" is a completely separate organisation — NOT an EU institution. It has 46 members (wider than the EU) and deals with human rights (European Convention on Human Rights). Never confuse: Council of Europe ≠ European Council ≠ Council of the EU.

2. The European Council in Detail

Role and Powers (Art. 15 TEU)

Specific Powers

The High Representative / VP: The HR/VP (currently Kaja Kallas since 2024) attends European Council meetings when foreign affairs are discussed. She is appointed by the European Council by QMV with the agreement of the Commission President.

3. The Council of the EU in Detail

The 10 Council Configurations

The Council meets in different configurations depending on the subject matter. The minister attending changes accordingly — e.g. Finance ministers for ECOFIN, Environment ministers for the Environment Council:

GAC
General Affairs Council
Cohesion of Council work, EU enlargement, treaty revision
FAC
Foreign Affairs Council
EU external action, CFSP/CSDP (Common Security and Defence Policy), development. Chaired by HR/VP (not rotating presidency)
ECOFIN
Economic & Financial Affairs
Budget, economic policy, taxation, financial services
JHA
Justice & Home Affairs
Migration, asylum, police cooperation, judicial cooperation
EPSCO
Employment, Social Policy, Health
Labour market, social protection, public health
AGRI
Agriculture & Fisheries
Common Agricultural Policy, Common Fisheries Policy
COMPET
Competitiveness
Internal market, industry, research, space
TTE
Transport, Telecom, Energy
Infrastructure, digital single market, energy policy
ENVI
Environment
Environmental policy, climate action
EAC
Education, Youth, Culture, Sport
Erasmus+, cultural policy, youth policy

Functions of the Council of the EU

Transparency: When the Council meets to act in its legislative capacity, its deliberations are open to the public (Art. 16(8) TEU). This was a Lisbon Treaty reform improving democratic accountability.

Key Terms

European Council
Art. 15 TEU — heads of state/government. Sets strategic direction. No legislative role. Permanent President (2.5yr term).
Council of the EU
Art. 16 TEU — ministers. Co-legislator with EP. 10 configurations. Rotating 6-month presidency.
Council Presidency
Rotates every 6 months among member states. Chairs Council meetings (except FAC), sets agenda, seeks compromises.
Conclusions
Political documents adopted by the European Council — not legally binding but carry strong political weight.
FAC exception
The Foreign Affairs Council is the only Council configuration NOT chaired by the rotating presidency — it is chaired by the HR/VP.
Passerelle clause
A treaty provision allowing the European Council to authorise the Council to act by QMV in areas that normally require unanimity, without treaty amendment.

Sample Questions

2 sample questions · EPSO-style multiple choice

Q1. The European Council is composed of:
  • A) One minister per member state
  • B) Heads of state or government of member states, its President, and the Commission President
  • C) Members of the European Parliament
  • D) Ambassadors of member states
Q2. According to Article 15 TEU, the European Council:
  • A) Acts as the main legislative body of the EU
  • B) Defines the general political directions and priorities but does not exercise legislative functions
  • C) Elects the President of the European Commission
  • D) Manages the EU budget
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