![]() Particularly in crisis situations, these invitations have a high degree of precision, as was the case when the European Council, through its specific task force, influenced the Commission’s ‘six-pack’ and ‘two-pack’ sets of legislative proposals. Examples include inviting the Commission ‘to prepare, as soon as possible, draft legislation enacting the proposals made by the High-level Expert Group on interoperability’ regarding information systems for migration and security, or inviting it ‘to put forward a European approach to artificial intelligence by early 2018’. The European Council often uses its conclusions to invite the European Commission to draft policy strategies or legislative proposals, thereby influencing its right of (legislative) initiative. ![]() Nevertheless, while not being involved in legislation per se, it has considerable say on legislative and policy formulation. Article 15(1) TEU specifies that it ‘shall not exercise legislative functions’. Theoretically, no role is envisaged for the European Council in legislative decision-making as such. The next strategic guidelines for that area are expected as a follow-up to the 2019-2024 strategic agenda. In line with this role, it set strategic guidelines for that area at its meeting of 26-27 June 2014. Likewise, the European Council defines ‘strategic guidelines for legislative and operational planning within the area of freedom, security and justice’ (Article 68 TFEU). Examples of how it has handled its strategic role in CFSP are its 2010 debate on strategic partnerships and its success in keeping the Member States united in their stance during the Ukraine crisis. With regard to the Common Foreign and Security Policy (CFSP), for instance, the European Council must ‘identify the EU’s strategic interests and define general guidelines’ (Article 26(1) TEU). In addition to this overall role, the European Council also has agenda-setting responsibilities in a number of specific policy areas. Two key examples in this regard are the adoption by the European Council of the EU strategic agenda for 2014-2019 in June 2014, and the corresponding 2019-2024 agenda in June 2019. Article 15(1) TEU states that the European Council ‘shall provide the Union with the necessary impetus for its development’ and define its ‘general political directions and priorities’. The European Council has a strong Treaty-based role in setting the EU’s policy agenda. As the stages influence each other, their dividing lines are often fluid. In stage 1, it sets long-term objectives (agenda-setting) in stage 2, it calls for action by other EU institutions (policy formulation) in stage 3, it endorses actions of other EU institutions (affirming ownership) and in stage 4, it assesses policy implementation at European and national levels (scrutiny). The European Council uses the conclusions of its formal meetings to exercise its role in the different stages of the policy cycle. This level of involvement has a significant impact both on the role of the other EU institutions within the policy cycle and the functioning of the ordinary legislative procedure. In practice, its activities often exceed the role envisaged in the Treaties. This role has rapidly evolved over the past decade, and today the European Council’s involvement in the EU policy cycle is much broader, covering tasks from agenda-setting to exercising scrutiny. According to the Treaties, the European Council’s primary role is to ‘define the general political directions and priorities’ (Article 15(1) of the Treaty on European Union). ![]() Since its establishment in 1975, the European Council, which is made up of the Heads of State or Government of EU Member States, has wielded considerable influence over the development of the European Union. Written by Ralf Drachenberg with Simon Schroecker.
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