Voting in the Council of the European Union

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The procedures for voting in the Council of the European Union are described in the treaties of the European Union. The Council of the European Union (or simply "Council" or "Council of Ministers") has had its voting procedure amended by subsequent treaties and currently operates on the system set forth in the Treaty of Lisbon.

Qualified majority voting

This section presents the former qualified majority voting systems employed in the Council of the European Union, and its predecessor institutions. While some policy areas require unanimity among Council members, for selected policy areas qualified majority voting has existed right from the start. All major treaties have shifted some policy areas from unanimity to qualified majority voting.

Whenever the community was enlarged, voting weights for new members were defined and thresholds re-adjusted by accession treaties. After its inception in 1958, the most notable changes to the voting system occurred:

  • with the 1973 enlargement, when the number of votes for the largest member states was increased from 4 to 10,
  • with the Treaty of Nice, when the maximum number of votes was increased to 29, thresholds became defined in terms of percentages, and a direct population-dependent condition was introduced,
  • with the Treaty of Lisbon, when the concept of votes was abandoned in favour of a "double majority" depending only on the number of states and the population represented.

All systems prescribed higher thresholds for passing acts that were not proposed by the Commission. Member states have to cast their votes en bloc (i.e., a member state may not split its votes). Hence, the number of votes rather describes the weight of a member's single vote.

The analysis of the distribution of voting power under different voting rules in the EU Council often requires the use of complex computational methods that go beyond a mere calculation of vote share, such as the Shapley-Shubik index or the Banzhaf measure.[1]

Treaty of Rome (1958–1973)

According to Article 148 of the Treaty establishing the European Economic Community (EEC Treaty),[2] acts of the Council required for their adoption:

  • 12 votes (if the act was proposed by the Commission), or
  • 12 votes by at least 4 member states (if the act was not proposed by the Commission).

The values above are related to the EU-6, the founding member states. The treaty allocated the votes as follows:

  • 4 votes: France, Germany, Italy,
  • 2 votes: Belgium, Netherlands,
  • 1 vote: Luxembourg.

Under this system, Luxembourg had no voting power for acts proposed by the Commission.

Accession Treaty (1973–1979)

Article 148 of the EEC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 8 of the Accession Treaty regulating the enlargement of the community by Denmark, Ireland, and the United Kingdom.[3] Acts of the Council now required for their adoption:

  • 41 votes (if the act was proposed by the Commission), or
  • 41 votes by at least 6 member states (if the act was not proposed by the Commission).

These values were now related to the EU-9. The treaty allocated the votes as follows:

  • 10 votes: France, Germany, Italy, United Kingdom,
  • 5 votes: Belgium, Netherlands,
  • 3 votes: Denmark, Ireland,
  • 2 votes: Luxembourg.

Accession Treaty (1979–1985)

Article 148 of the EEC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 14 of the Accession Treaty regulating the enlargement of the community by Greece.[4] Acts of the Council now required for their adoption:

  • 45 votes (if the act was proposed by the Commission), or
  • 45 votes by at least 6 member states (if the act was not proposed by the Commission).

The votes allocated previously to the EU-9 did not change. Greece was allocated 5 votes.

Accession Treaty (1985–1995)

Article 148 of the EEC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 14 of the Accession Treaty regulating the enlargement of the community by Portugal and Spain.[5] Acts of the Council now required for their adoption:

  • 54 votes (if the act was proposed by the Commission), or
  • 54 votes by at least 8 member states (if the act was not proposed by the Commission).

The votes allocated previously to the EU-10 did not change. To the new members, the following votes were allocated:

  • 8 votes: Spain,
  • 5 votes: Portugal.

The Treaty of Maastricht established the European Community Treaty (EC Treaty) where the qualified majority voting system was detailed in Article 148.[6] While this treaty transferred some policy areas subject to unanimity to qualified majority, it neither changed the voting weights nor the thresholds.

Accession Treaty (1995–2003)

Article 148 of the EC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 8 of the Accession Treaty regulating the enlargement of the community by Austria, Finland, and Sweden.[7] Acts of the Council now required for their adoption:

  • 62 votes (if the act was proposed by the Commission), or
  • 62 votes by at least 10 member states (if the act was not proposed by the Commission).

The votes allocated previously to the EU-12 did not change. To the new members, the following votes were allocated:

  • 4 votes: Austria, Sweden,
  • 3 votes: Finland.

Treaty of Nice (2003–2014/2017)

Comparison of voting weights
Population in millions as of 1 January 2003 [8]
Member state Population Nice Penrose[9]
 Germany 82.54m 16.5% 29 8.4% 9.55%
 France 59.64m 12.9% 29 8.4% 8.11%
 UK 59.33m 12.4% 29 8.4% 8.09%
 Italy 57.32m 12.0% 29 8.4% 7.95%
 Spain 41.55m 9.0% 27 7.8% 6.78%
 Poland 38.22m 7.6% 27 7.8% 6.49%
 Romania 21.77m 4.3% 14 4.1% 4.91%
 Netherlands 17,02m 3.3% 13 3.8% 4.22%
 Greece 11.01m 2.2% 12 3.5% 3.49%
 Portugal 10.41m 2.1% 12 3.5% 3.39%
 Belgium 10.36m 2.1% 12 3.5% 3.38%
 Czech Rep. 10.20m 2.1% 12 3.5% 3.35%
 Hungary 10.14m 2.0% 12 3.5% 3.34%
 Sweden 8.94m 1.9% 10 2.9% 3.14%
 Austria 8.08m 1.7% 10 2.9% 2.98%
 Bulgaria 7.85m 1.5% 10 2.9% 2.94%
 Denmark 5.38m 1.1% 7 2.0% 2.44%
 Slovakia 5.38m 1.1% 7 2.0% 2.44%
 Finland 5.21m 1.1% 7 2.0% 2.39%
 Ireland 3.96m 0.9% 7 2.0% 2.09%
 Lithuania 3.46m 0.7% 7 2.0% 1.95%
 Latvia 2.33m 0.5% 4 1.2% 1.61%
 Slovenia 2.00m 0.4% 4 1.2% 1.48%
 Estonia 1.36m 0.3% 4 1.2% 1.23%
 Cyprus 0.72m 0.2% 4 1.2% 0.89%
 Luxembourg 0.45m 0.1% 4 1.2% 0.70%
 Malta 0.40m 0.1% 3 0.9% 0.66%
 EU 484.20m 100% 345 100% 100%

The voting system of the Council as defined in the Treaty of Nice[10] entered into force on 1 February 2003.[11] The voting weights of the member states according to this treaty are shown in the table on the right. The voting system was replaced by the Treaty of Lisbon, effective 1 November 2014.[lower-alpha 1]

The following conditions applied to taking decisions:

  • Majority of countries: 50% + one, if proposal made by the Commission; or else at least two-thirds (66.67%),[13] and
  • Majority of voting weights: 74%, and
  • Majority of population: 62%.

The last condition was only checked upon request by a member state.[14]

In the absence of consensus, qualified majority voting was the Council's key way of decision-making. In terms of the statistics before Croatia became a member of the EU (1 July 2013), the pass condition translated into:

  1. At least 14 (or 18, if proposal was not made by the Commission) countries,
  2. At least 255 of the total 345 voting weights,
  3. At least 311 million people represented by the states that vote in favour.

The last requirement was almost always already implied by the condition on the number of voting weights. The rare exceptions to this could occur in certain cases when a proposal was backed by exactly three of the six most populous member states but not including Germany, that is, three of France, UK, Italy, Spain and Poland, and by all or nearly all of the 21 other members.

Note that the Commission could make a proposal in a way that removed the requirement for a qualified majority. For example, the Anti-Dumping Advisory Committee (ADAC) could approve a proposal to impose tariffs based on a simple, unweighted majority, but overturning it would have required a qualified majority because this meant voting against a Commission proposal. This greatly increased the power of small member states in such circumstances.

The declarations of the conference that adopted the Treaty of Nice contained contradictory statements concerning qualified majority voting after the enlargement of the European Union to 25 and 27 members: one declaration[15] specified that the qualifying majority of votes would increase to a maximum of 73.4%, contradicting another declaration[16] which specified a qualifying majority of 258 votes (74.78%) after enlargement to 27 countries. However, the treaties of accession following the Treaty of Nice clarified the required majority.

After the accession of Croatia, on 1 July 2013, at least 260 votes out of a total of 352 by at least 15 member states were required for legislation to be adopted by qualified majority. Croatia had 7 votes (the same as Denmark, Ireland, Lithuania, Slovakia and Finland).[17]

From 1 July 2013, the pass condition translated into:

  1. At least 15 (or 18, if proposal was not made by the Commission) countries,
  2. At least 260 of the total 352 voting weights,
  3. At least 313.6 million people represented by the states that vote in favour.

Penrose method (rejected)

Poland proposed the Penrose method (also known as the "square root method"), which would narrow the weighting of votes between the largest and smallest countries in terms of population. The Czech Republic supported this method to some extent, but has warned it would not back a Polish veto on this matter. All the other states remained opposed.[18] After previously refusing to discuss the issue, the German government agreed to include it for discussion at the June council.[19] The given percentage is the game theoretical optimal threshold,[20] and is known as the "Jagiellonian Compromise".[21] The Penrose method voting weights allocated to the states are shown in the adjacent table.

According to the proposal, the requirement for an act to pass in the Council was:

  • Majority of voting weights: 61.4%.

Treaty of Lisbon

See main article: Treaty of Lisbon

Article 16 of the "Treaty on European Union",[22] as amended by the Treaty of Lisbon, stipulates that the Council voting arrangements of the Nice Treaty applied until 31 October 2014.[lower-alpha 1] Article 16 also states the conditions for a qualified majority, effective since 1 November 2014 (Lisbon rules):

  • Majority of countries: 55% (comprising at least 16 of them), or 72% if acting on a proposal from neither the Commission nor from the High Representative, and
  • Majority of population: 65%.

A blocking minority requires—in addition to not meeting one of the two conditions above—that at least 4 countries (or, if not all countries participate in the vote, the minimum number of countries representing more than 35% of the population of the participating countries, plus one country) vote against the proposal. Thus, there may be cases where an act is passed, even though the population condition is not met. This precludes scenarios where 3 populous countries could block a decision against the other 25 countries.

Note that the Lisbon rules eradicated the use of "artificial" voting weights. This move, first proposed in the Constitution, is based on the size of populations and, at the same time, acknowledges the smaller member states' fears of being overruled by the larger countries.

Voting practice

In practice, the Council targeted unanimous decisions, and qualified majority voting was often simply used as a means to pressure compromises for consensus. For example, in 2008, 128 out of 147 Council decisions were unanimous. Within the remaining decisions, there was a total of 32 abstentions and 8 votes against the respective decision. These opposing votes were cast twice by Luxembourg and once by each of Austria, Belgium, Denmark, Spain, Netherlands, and Portugal.[23]

Policy areas

The EU has competence to make decisions only in those areas specified in the Treaties. Competence can be exclusive, joint with national governments, or supporting, with national governments having lead competence.[24] The Lisbon Treaty added some policies to the responsibility of the European Union. Moreover, qualified majority voting (QMV) was extended to policy areas that required unanimity according to the Nice Treaty.

The new areas of QMV are:[25][26]

AreaNiceLisbonReference
Initiatives of the High Representative for Foreign AffairsUnanimityQMV following unanimous request15b TEU
Rules concerning the Armaments AgencyUnanimityQMV28D§2 TEU
Freedom to establish a businessUnanimityQMV50 TFEU
Self-employment access rightsUnanimityQMV50 TFEU
Freedom, security and justice – cooperation and evaluationUnanimityQMV70 TFEU
Border checksUnanimityQMV77 TFEU
AsylumUnanimityQMV78 TFEU
ImmigrationUnanimityQMV79 TFEU
Crime prevention incentivesUnanimityQMV69c TFEU
EurojustUnanimityQMV69d TFEU
Police cooperationUnanimityQMV69f TFEU
EuropolUnanimityQMV69g TFEU
TransportUnanimityQMV71§2 TFEU
European Central BankUnanimityQMV (in part)129 TFEU, 283 TFEU
CultureUnanimityQMV151 TFEU
Structural and Cohension FundsUnanimityQMV161 TFEU
Organisation of the Council of the European UnionUnanimityQMV201b TFEU
European Court of JusticeUnanimityQMV245, 224a, 225a TFEU
Freedom of movement for workersUnanimityQMV46 TFEU
Social securityUnanimityQMV48 TFEU
Criminal judicial cooperationUnanimityQMV69a TFEU
Criminal lawUnanimityQMV69b TFEU
President of the European Council election(New item)QMV9b§5 TEU
Foreign Affairs High Representative election(New item)QMV9e§1 TEU
Funding the Common Foreign and Security PolicyUnanimityQMV28 TEU
Common defense policyUnanimityQMV28e TEU
Withdrawal of a member state(new item)QMV49a TEU
General economic interest servicesUnanimityQMV16 TFEU
Diplomatic and consular protectionUnanimityQMV20 TFEU
Citizens initiative regulationsUnanimityQMV21 TFEU
Intellectual propertyUnanimityQMV97a TFEU
Eurozone external representationUnanimityQMV115c TFEU
SportUnanimityQMV149 TFEU
SpaceUnanimityQMV172a TFEU
EnergyUnanimityQMV176a TFEU
TourismUnanimityQMV176b TFEU
Civil protectionUnanimityQMV176c TFEU
Administrative cooperationUnanimityQMV176d TFEU
Emergency international aidUnanimityQMV188i TFEU
Humanitarian aidUnanimityQMV188j TFEU
Response to natural disasters or terrorism(new item)QMV188R§3 TFEU
Economic and Social CommitteeQMVQMV256a TFEU
Committee of the RegionsUnanimityQMV256a TFEU
Economic and Social CommitteeUnanimityQMV256a TFEU
The EU budgetUnanimityQMV269 TFEU

Unanimity

Certain policy fields remain subject to unanimity in whole or in part, such as:

  • membership of the Union (opening of accession negotiations, association, serious violations of the Union's values, etc.);
  • taxation;
  • the finances of the Union (own resources, the multiannual financial framework);
  • harmonisation in the field of social security and social protection;
  • certain provisions in the field of justice and home affairs (the European prosecutor, family law, operational police cooperation, etc.);
  • the flexibility clause (352 TFEU) allowing the Union to act to achieve one of its objectives in the absence of a specific legal basis in the treaties;
  • the common foreign and security policy, with the exception of certain clearly defined cases;
  • the common security and defence policy, with the exception of the establishment of permanent structured cooperation;
  • citizenship (the granting of new rights to European citizens, anti-discrimination measures);
  • certain institutional issues (the electoral system and composition of the Parliament, certain appointments, the composition of the Committee of the Regions and the European Economic and Social Committee, the seats of the institutions, the language regime, the revision of the treaties, including the bridging clauses, etc.).

Notes

  1. 1 2 However, any member state could request that the Nice system still be used for a particular vote, until 31 March 2017.[12]

References

  1. ↑ e.g. Diego Varela and Javier Prado-Dominguez (2012) 'Negotiating the Lisbon treaty: Redistribution, efficiency and power indices', AUCO Czech Economic Review 6(2): 107-124.
  2. ↑ "Treaty of Rome" (TIF). Treaty establishing the European Economic Community. Official Journal of the European Communities at EUR-Lex. 1957. Retrieved 3 May 2011.
  3. ↑ "Accession of Denmark, Ireland and the United Kingdom (Adaptation decision 1973)" (TIF). Council decision of the European Communities adjusting the instruments concerning the accession of new Member States to the European Communities. Official Journal of the European Communities at EUR-Lex, L2. 1 January 1973. Retrieved 4 May 2011.
  4. ↑ "Accession of Greece (1979)". Documents concerning the accession of the Hellenic Republic to the European Communities. Official Journal of the European Communities at EUR-Lex. 19 November 1979. Archived from the original (TIF) on 15 October 2012. Retrieved 4 May 2011.
  5. ↑ "Accession of Spain and Portugal (1985)" (PDF). Documents concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Official Journal of the European Communities at EUR-Lex, L302. 15 November 1985. Retrieved 5 May 2011.
  6. ↑ "Treaty of Maastricht" (PDF). Treaty on European Union, together with the complete text of the Treaty establishing the European Community. Official Journal of the European Communities at EUR-Lex, vol. 35, C224. 31 August 1992. Retrieved 30 April 2011.
  7. ↑ "Accession of Austria, Finland and Sweden (Adaptation decision 1995)" (TIF). Decision of the Council of the European Union adjusting the instruments concerning the accession of new Member States to the European Union. Official Journal of the European Communities at EUR-Lex, L1. 1 January 1995. Retrieved 5 May 2011.
  8. ↑ François-Carlos Bovagnet (2004). "First results of the demographic data collection for 2003 in Europe" (PDF). Statistics in focus: Population and social conditions: 13/2004. Joint demographic data collection the Council of Europe and Eurostat. Retrieved 28 April 2011.
  9. ↑ W. Slomczynski, K. Zyczkowski (2006). "Penrose Voting System and Optimal Quota" (pdf). Acta Physica Polonica B. 37 (11): 3133–3143.
  10. ↑ "Treaty of Nice" (PDF). Amending the Treaty on the European Union, the Treaties establishing the European Communities and certain Related Acts. Official Journal of the European Communities. 10 March 2001. Retrieved 2 May 2010.
  11. ↑ "Cowen welcomes ratification of Treaty of Nice by Ireland". Under its terms, the Treaty of Nice entered into force on 1 February 2003. Department of foreign affairs, Republic of Ireland. 18 December 2002. Retrieved 27 August 2011.
  12. ↑ "Qualified majority". consilium.europa.eu. EU Council. Retrieved 1 April 2017.
  13. ↑ Article 205 of the EC Treaty and Articles 23 and 34 of the EU Treaty.
  14. ↑ Article 3 of the Treaty of Nice, passim.
  15. ↑ Declaration 21 in http://eur-lex.europa.eu/en/treaties/dat/12001C/pdf/12001C_EN.pdf
  16. ↑ Declaration 20, ibid.
  17. ↑ "EU welcomes 28th member state - Croatia". European Council. 28 June 2013. Retrieved 2013-10-19.
  18. ↑ James G. Neuger (18 June 2007). "Merkel Sees Snags Over EU Treaty as Poland Holds Firm (Update1)". Bloomberg. Archived from the original on 2015-09-22. Retrieved 2007-06-26.
  19. ↑ Renata Goldirova (20 June 2007). "Germany gives ear to Poland in 'Treaty of Lisbon' talks". EU Observer. Retrieved 2007-06-26.
  20. ↑ http://th-www.if.uj.edu.pl/acta/vol37/pdf/v37p3133.pdf
  21. ↑ Physics World 2006; 19(3):35-37.
  22. ↑ "Consolidated versions of the Treaty on European Union and the Treaty on the functioning of the European Union" (PDF). Council of the European Union document number: 6655/08. 15 April 2008. Retrieved 28 April 2011.
  23. ↑ Summary of Council Acts; Council of the European Union; retrieved on 16 June 2010.
  24. ↑ Areas of EU competence, Government of Ireland Referendum Commission, accessed on 2008-06-16
  25. ↑ http://europa.eu/rapid/press-release_MEMO-03-23_en.htm New areas of qualified majority voting in Nice treaty
  26. ↑ "The Global Intelligence Files - NEW CASES OF QMV". wikileaks.org.
  27. ↑ The provision reads:
    Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows: [...] (e) the following new paragraph shall be added at the end of the Article: "6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission."
    — Treaty of Lisbon Article 2, point 293

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