Much more use of QMV is key change under new Constitution

Under the new EU Consitution, qualified majority voting
(QMV) will become the standard voting method.
Disagreement over its definition in December 2003 held up agreement
on the Constitution. EURACTIV provides an overview of this and
other changes.

The Constitutional Treaty makes a number of changes
affecting the Council. First of all, it clears up the public’s
confusion between the European Council, which
consists of heads of state and government, and
the Council (of Ministers), which brings
together ministers of the member states. 

Voting system

The new treaty establishes qualified majority voting as the
general rule as this is the most frequently used voting method. A
special mention will be made if voting by unanimity or simple
majority is required.

Despite the fact that most of the time, the Council manages to
find a consensus without taking a formal
vote, disagreement at the IGC over the definition of
qualified majority voting (both its rules and scope) in December
2003 caused the discussions to stretch into 2004 (see
also EURACTIV 15
December 2003).

The Constitution does away with the weighting of votes. From 1
November 2009, on the Convention’s proposal, qualified
majority voting will take place on the basis of the ‘double
majority’ rule. The new voting system will thus take into account
the twofold nature of the EU, ie the union of states and of
people. Qualified majority will be attained if:

• 55 % of the member states (at least 15 of them) supports the
  decision in question;
• the member states in favour represent at least 65 % of the EU’s
  total population. 

This rule will apply when the European Council or the Council of
Minister acts on the proposal of the Commission or the EU minister
for foreign affairs.

Based on the treaty, when a proposal does not come
from the Commission or the soon to be created post of EU
minister for foreign affairs (such as the areas of the Common
Foreign and Security Policy, police and judicial co-operation in
criminal matters), qualified majority will be obtained if 72%
of the member states representing 65% of the EU’s total population
agree. 

The Constitutional Treaty text stipulates that a blocking
minority must include at least four member states. This rule was
specified in order not to allow three out of the four biggest
member states (Germany, France, Italy and the UK) to block a
decision.

The Constitutional Treaty also allows for the continued
discussion of an act in ‘borderline cases’ if either three-quarters
of the number of countries necessary to form of blocking minority,
or three-quarters of the population necessary for the formation of
a blocking minority so requests. This provision was included in
order to provide a transition between the Nice Treaty’s system of
vote weighting and the Constitution’s double majority system.

The new treaty extends the use of qualified majority which in
many cases will go together with the ordinary legislative
procedure (currently referred to as ‘codecision procedure’). A
number of fields, however, will remain subject to unanimity,
including taxation, harmonisation in the field of social security
and social protection, the finances of the Union, membership of the
Union, certain provisions in the field of justice and home affairs,
common foreign and security policy and common security and defence
policy.

Configurations

For the first time, the treaty clearly states that the Council
meets in different configurations (‘sectoral councils’). It
mentions two configurations in particular: that of the General
Affairs Council (whose task is to prepare and ensure the follow-up
to European Council meetings) and the Foreign Affairs Council
(whose task is to elaborate on the EU’s external action under the
chairmanship of the new EU minister for Foreign Affairs). 

The treaty states that the European Council, by adopting a
European decision, could establish a list of other
configurations. 

The Convention’s initial proposal to set up a separate
Legislative Council was abandoned by the IGC at a very early stage.
The role of the Legislative Council would have been to
separate the Council’s legislative work. 

Presidency

The European Council will have a President, elected for two and
a half years, with one renewal possible. 

The presidency of the Council configurations, however, will
continue to be held on a rolling, six-monthly basis,
by pre-established groups of three
members, or ‘troikas’, for periods of 18
months. The groups are to be made up on the basis of equal rotation
considering the geographical balance and diversity within the
EU. Each group member will chair all configurations of
the Council for a six-month period while the others will be
responsible for assisting the chair on the basis of the group’s
programme. However, this solution proposed by the IGC, is subject
to the qualified majority approval of the European
Council.

The Foreign Affairs Council is an exception to the
above rule as it will be chaired by the new EU minister for
foreign affairs (who will also be a vice president for external
relations in the Commission), nominated for five years.

Transparency

The text of the Constitution requires that the
Council meets in public when acting in a legislative
capacity.

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