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(Steven Felgate) #1
European Union Law 17

citizens from several Member States to ask the Commission to introduce new policies. The
relationship between the EU and Member States will be clarified, and States which wish to
do so will be allowed to withdraw from the EU.
Great efficiency will be achieved by extending qualified majority voting. From 2014, a
qualified majority will be achieved if a dual majority of 55 per cent of Member States, and
Member States representing 65 per cent of the EU’s population, vote in favour. The EU
Commission will be reduced in size and a new President of the European Council will be
elected by national governments for a period of office lasting two and a half years. The
European Council will be separate from the Council of Ministers, the leaders of which will
continue to be elected on a six-month rotating basis. The European Council will not have
legislative powers but will guide policy.
The promotion of rights, values, freedom, solidarity and security will be achieved by
guaranteeing the principles set out in the Charter of Fundamental Rights, and by giving
them legal force. This charter set out principles of human rights to be applied throughout
the EU but at present it has no legal force. In addition, the EU will be given a greater role in
fighting crime and preventing terrorism. The EU will be made a stronger actor on the global
stage by creating a High Representative for Foreign Affairs and Security Policy, and by
encouraging the EU to act as a single legal personality.
The provisions of the Treaty of Lisbon will be introduced gradually, and may take about
ten years to become fully adopted.


The articles of association

The original EEC Treaty set up four main institutions. These institutions are now known as:
the Council of the European Communities; the European Commission; the European
Parliament; and the European Court of Justice.


The Council of the European Communities


The Council of the European Communities, generally known as the Council, is not a
permanent body. It consists at any given time of the President of the European Commission
and one Minister from the government of each Member State. Which Government Ministers
will constitute the Council of Ministers depends upon the nature of the measures which the
Council is considering. For example, if the measures relate to agriculture, then it will be the
relevant Ministers of Agriculture. Often the Council is made up of Heads of Government or
the Member States’ Foreign Ministers.
The Council is the main policy-making body of the EU. It passes legislation, in conjunc-
tion with the European Parliament, and generally does so under a system of qualified
majority voting. However, a Treaty might require unanimity for votes on certain matters,
such as the common and foreign security policy, police and judicial co-operation in criminal
matters, asylum and immigration policy, economic and social cohesion policy or taxation.
Under this system each country is allocated a certain number of votes in relation to its
population. The United Kingdom is one of four countries having the maximum of 29 votes.
Malta has the fewest votes, with just three. There are 345 votes in total. A qualified majority
is reached in two circumstances. First, if 255 (73.9 per cent) votes are in favour. This means
that 91 votes can defeat a proposal and so at least four countries must vote against. Second,
if a simple majority of Member States approve. However, if a matter which was not based
on a proposal from the Commission is being voted upon, a two-thirds majority of Member
States must approve. Additionally, any Member State can require confirmation that votes
representing at least 62 per cent of the total population of the EU were in favour. If it is

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