CIPP/E Study Guide
Ch 2.4 - Council of the EU

Council of the European Union

The Council of the European Union (Council of Ministers) is the EU's main decision-making body and the co-legislator with the Parliament. Do not confuse it with the European Council. Each meeting is attended by one minister per member state, who can commit their government. Its composition varies across ten configurations, but it is a single unitary institution. Voting can require simple majority, qualified majority or unanimity; a qualified majority always needs 65% of the EU population to be represented.

Don't confuse the two Councils

The Council of the European Union (Council of Ministers) makes law and is the co-legislator with Parliament. The European Council (heads of state/government) sets political direction and does not legislate. The ECtHR's Council of Europe is a third, unrelated body.

The Council is the main decision-making body of the EU, central to both political and legislative decisions. It is attended by one minister per member state, who can commit their government to decisions, making it the mouthpiece of national interests. Ministers are accountable to national parliaments, though the Council has been criticised for being undemocratic and lacking transparency.

  • Composition varies across ten configurations (e.g. General Affairs; Foreign Affairs; Justice and Home Affairs), but it is a single unitary institution with the same powers throughout
  • Lisbon requires meetings to be held in public when it deliberates and votes on a draft legislative act - but non-legislative deliberations can still be held in secret
  • It can amend Commission proposals and concludes international agreements negotiated by the Commission
  • A qualified majority always requires 65% of the EU population to be represented
  • Fewer states are needed to pass Commission/High Representative proposals (15 of 27) than other proposals (20 of 27)

Key terms - quick answers

What is “Council of the European Union”?
The 'Council of Ministers' - the EU's main decision-making body and co-legislator with the Parliament; one minister per state attends.
What is “Qualified majority voting”?
Voting assessed both by number of member states and by the share of EU population represented (always 65% of population).
What is “Council configurations”?
The ten subject-specific formats (e.g. Justice and Home Affairs) the Council meets in; powers stay the same as it is a unitary institution.