Europaudvalget 2017-18
Uformelt møde i Det Europæiske Råd 23/2-18 Bilag 1
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European Council
Leaders’ Agenda
February 2018
The next institutional cycle
2019 will mark the transition to a new institutional cycle. Two sets of issues must be discussed now, as
a result of European Council conclusions in June 2014 and March 2017 on appointments as well as legal
obligations (Article 14(2) TEU on the composition of the European Parliament). Later on, before June 2019,
the European Council will have to review the decision on the number of European Commissioners. The
Commission has also proposed the merging of the positions of President of the European Council and
President of the Commission in the future, but has indicated that this issue is not for the next institutional
cycle.
1. High-level appointments
The European Parliament proposes that «European political parties come up with lead candidates
(‘Spitzenkandidaten’) in order to give European citizens the choice whom to elect as President of the
Commission». It also «warns that the European Parliament will be ready to reject any candidate in the
investiture procedure of the President of the Commission who was not appointed as a ‘Spitzenkandidat’ in
the run-up to the European elections».
In June 2014, a number of members of the European Council expressed concerns about the compatibility
of the ‘Spitzenkandidaten’ process with the Treaty, the risk that the pool of potential candidates would
become more limited, and the politicisation of the Commission. The European Council therefore decided
to come back to this issue and consider the process of appointment of the President of the European
Commission for the future, respecting the European Treaties.
The Treaty foresees that the European Council shall propose a candidate for President of the Commission
«taking into account the elections to the European Parliament and after having held the appropriate
consultations. This candidate shall be elected by the European Parliament (…)». This formulation means
that the European Council cannot deprive itself of its prerogative to choose the person it proposes as
President of the European Commission without a change of the Treaty.
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LEADERS’ AGENDA
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EN
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February 2018
 Uformelt møde i Det Europæiske Råd den 23. februar 2018 - Bilag 1: Hyrdebrev og bilag vedr. diskussionsoplæg på de kommende flerårige finansielle rammer og institutionelle forud for det uformelle topmøde EU27 23/2-18
The ‘Spizenkandidaten’ process is linked to the issue of ‘balances’ in the context of high-level nominations,
which was referred to by the March 2017 European Council. At the time, in particular political balances
were discussed. In this respect, it should be recalled that Declaration No 6 to the Treaty requires that «due
account is to be taken of the need to respect the geographical and demographic diversity of the Union
and its Member States» when appointing the President of the European Council, the President of the
Commission and the High Representative. There is also a more general Treaty provision on the need to
ensure gender balance. If the President of the Commission were to be selected in accordance with the logic
of the ‘Spitzenkandidaten’ process, and if such balances are to be taken into account, the choice of the
European Council regarding other nominations will be more limited.
It is not for the European Council to decide how the European parties decide to organise themselves for
European Parliament elections. The question is rather how the European Council intends to go about its
own decision to propose a candidate for President of the Commission.
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What are your views on this issue? Should the European Council automatically
accept the outcome of a ‘Spitzenkandidaten’ process or should the European Council
autonomously decide how to take account of the elections, having held appropriate
consultations?
2. Future composition of the European Parliament
The European Parliament has now made a proposal to revise the decision on the composition of the
European Parliament. On this basis, the European Council will have to adopt a decision by unanimity, at the
latest in June, to enable Member States to adopt the necessary national measures for holding the elections
for the 2019-2024 parliamentary term. This discussion takes place in the context of the United Kingdom’s
withdrawal from the European Union, which frees the 73 seats currently allocated to the UK.
One aspect relates to the application of the so-called principle of ‘degressive proportionality’, i.e. the bigger
the population, the more ‘expensive’ each mandate in terms of votes. The European Parliament proposes
that, in the case that the UK will have left the EU by the next elections, 27 of the 73 seats currently allocated
to the UK be re-distributed to 14 Member States in order to reflect demographic changes and respect
the principle of degressive proportionality. The proposal also allows to reduce the number of seats in the
European Parliament from 751 to 705 in line with the principle «fewer Member States, fewer MEPs».
A second aspect concerns the idea of a joint constituency (‘transnational list’). A joint constituency would
require modification of the Electoral Act, which must be adopted at least one year before the elections. It
requires the unanimity of the Member States, the European Parliament’s consent and the ratification by all
the national parliaments. If introduced without changing the Treaty, it would also require a mechanism to
ensure that the principle of degressive proportionality and the maximum number of MEPs per Member
State apply to all seats, including those part of the joint constituency.
This idea has not been taken up in the European Parliament proposal, and is therefore not a feasible option
for the next institutional cycle. Given the political interest in it and its link to other institutional issues, it
could nevertheless be worth continuing the reflection on it in view of the 2024 elections.
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Will you be ready to support the proposal of the European Parliament on its future
composition after Brexit?
Will you be ready to continue the reflection on the idea of a European constituency and
transnational lists in view of the 2024 European Parliament elections?
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LEADERS’ AGENDA
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EN
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February 2018