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APPOINTMENT PROBLEM OF THE PRESIDENT OF THE EUROPEAN COUNCIL

16.11.2017 09:13

[Section 2. Constitutional law. Constitutional judicial law. International law]

Author: Стульгінський Владислав Сергійович, студент 4 курсу, Національний юридичний університет імені Ярослава Мудрого


The President of the European Council has many powers, which make his/her position very responsible and crucial. For example, according to article 15 of the Treaty on the European Union the President of the European Council shall chair the European Council and drive forward its work, shall present a report to the European Parliament after each of the meetings of the European Council. In the field of the foreign policy, the President shall ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy. Thus, we can see that this office is really important and the President has the power to influence many process in European Union. However, how and by who is the President of the European Council appointed? 

According to the article 15, paragraph 5 of Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, the European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure.

Let us look to the appointment problem with the help of “Donald Tusk appointment” example. Now Donald Tusk is the President of the European Council for the second time, he firstly became the President of the European Council in 2014. His first term was finished in May of 2017, but he was reelected for the second term. The procedure of reelection is the same as the procedure of election for the first term. However, the main problem is that neither the Treaty nor the European Council’s Rules of Procedure specify who is officially in charge of steering the nomination process and proposing the names of possible candidates. That is actually everyone can become the President of the European Union if he/she has the support of person or group of people which opinion is valued in European society. 

The previous President of the European Council, Herman Van Rompuy, proposed Donald Tusk as candidate for the his first term, after seeking out the opinion of the EU Heads of State or Government. It is worth mentioning that during his reelection, Donald Tusk had a strong support from the European Council, members of which wanted to see him as the President once more, but he did not have a support from his native country Poland. It is paradox that the native country did not want to support the own candidate and strongly prevent Donald Tusk to take up the post.    Nevertheless, this did not disturb him to become the President for the second term. Therefor we can see that the support of the European community as whole is more favorable than the support of the country candidate is from. 

Equally important factors, which determine whether the European Council President will be reelected or not, are his or her success in the first term in office, how many people support him or her in the European Council, and if there are any strong or obvious alternative candidates. Donald Tusk conformed to all this criterions and became the President of the European Council again. 

Therefore, we can say that if the European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof, the President of the European Council is the main person who manages all this processes. He or she has the power to influence many relations in the European Council and in the European Union as a whole. It’s a very responsible office hence only qualified and competent person can cope with it. Therefore, it is necessary to establish the particular procedure of nomination and proposing the names of possible candidates for avoid the risk of illegal appointment of the President of the European Council.



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