The Council's role in EU decision-making

A key actor in EU decision-making

The Council of the EU is one of the three main EU institutions involved in EU decision-making.  

Council of the European Union representing the governments of the EU countries

Role: co-legislator 

European Parliament representing EU citizens

Role: co-legislator

European Commission representing the EU's overall interests

Role: legislation initiator and executing body

In most cases the Council and the European Parliament decide together, as co-legislators, on proposals from the European Commission. In addition to this shared legislative role, in some cases and for some topics, the Council is the main decision-maker.

This makes the Council a key actor in shaping policies and legislation at EU level.

Two main legislative procedures

There are two main procedures used to adopt EU laws. What differs is the role of the Council and the cases where each procedure applies.

Ordinary legislative procedure

The Council agrees on laws with the European Parliament. This procedure applies to most policy areas, covering 95% of EU laws.

Special legislative procedure

The Council decides, subject to consultation with or the consent of the European Parliament. This procedure applies in special cases, such as competition law.

Ordinary legislative procedure: when the Council decides in conjunction with the European Parliament

Under the ordinary legislative procedure, the Council and the European Parliament negotiate and adopt EU legislation jointly. They are co-legislators.  

Around 95% of EU laws (in more than 80 policy areas) are adopted via this procedure.  

• The ordinary legislative procedure in detail

Special legislative procedure: when the Council is the main decision-maker

In some specific cases, the Council is the main decision-maker, usually deciding on the basis of a Commission proposal. The Parliament does not act as co-legislator, but must be consulted or give its consent.   

Examples include single market exemptions, competition law and measures to combat discrimination.

• The special legislative procedures in detail

A special case: the adoption of EU budgets

The EU's long-term budget and annual budget are both adopted in accordance with specific procedures.

Adoption of the EU's long-term budget

The EU's long-term budget, known as the 'multiannual financial framework' (MFF), is adopted under special legislative procedures: 

• the MFF regulation, which sets the maximum amounts the EU can spend in the various policy areas, is adopted by the Council after it has obtained the consent of the European Parliament 
• the own resources decision, which defines how the EU budget is financed, is adopted by the Council after it has consulted the European Parliament 

The European Council is also involved. In line with its role under the EU treaties, it provides political guidance on the main priorities of the long-term budget before it is finalised by the Council of the EU.

• The EU's long-term budget

Adoption of the EU's annual budget

The EU's annual budget is adopted in accordance with a specific procedure. The European Commission proposes a draft budget. It is then the Council and the European Parliament that examine that proposal and decide on the budget on an equal footing. They must agree on the same text.

If they cannot reach an agreement, the Commission must present a new draft budget.

• The EU's annual budget

Other procedures

The Council's role in implementing and delegated acts

Once an EU law has been adopted, it may need to be supplemented to reflect developments, or further rules may be required to ensure that it is implemented properly. To that end, the Council and the Parliament can authorise the Commission to adopt delegated acts or implementing acts.  

In specific cases, the Council, rather than the Commission, is responsible for adopting the implementing acts. 

• Delegated and implementing acts in detail

Council conclusions and resolutions

The Council does not only adopt laws. It also adopts documents such as conclusions and resolutions, which are not legally binding. These are used to express a political position or provide guidance on issues within the EU's policy areas. 

• Conclusions and resolutions of the Council

International agreements 

The Council plays a central role in the negotiation and conclusion of international agreements. It is involved at all stages of the procedure, from providing the negotiator (usually the Commission) with the mandate for negotiations, to authorising the signing of the agreement and adopting the final decision on the EU's consent to be bound by it.

• International agreements and the role of the Council

See also