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Terms Explained: EU Council, Council of Europe, Council of Ministers, European Council and Council of the European Union

EU Council Variations Explained

In the European context, there are serveral bodies referred to as council along with some reference to Europe or the European Union (EU). This can quickly become confusing if you are not sure which body is meant. Below you can read more about each of the councils. But first, a really broad overview:

Within the EU there are two councils, the Council of the European Union (also known as the Council of Ministers) and the European Council. Either or both are sometimes just referred to as the EU Council (it’s for example also their joint twitter handle).

The Council of the European Union (or Council of Ministers) is one of the two legislative bodies within the EU, along with the directly elected European Parliament.1 It consists of cabinet ministers from each of the Member States,2 responsible for the issues that are being debated.3

The European Council is a separate (though similar) EU Council. It consists of the heads of state or government of the Member States.4 While this EU Council has no formal role in the legislative process, it determines broad political directions in the EU5 and has certain core constitutional and especially personnel competencies.

The Council of Europe on the other hand is not an EU Council or institution of the European Union. It forms a completely independent international organisation that is both significantly less powerful and significantly larger than the EU. It creates no legislation and only has significant powers with regard to human rights, but includes all EU Member States as well as 19 other members, including the United Kingdom, Turkey and Ukraine. Until the Invasion of Ukraine in 2022 it also included Russia.

In the European Union (EU Council)

EU Council: The Council of the European Union (or Council of Ministers)

The Council of the European Union, often referred to as the Council of Ministers (primarily by people outside the EU context) or just as the Council (primarily within EU law) is a legislative body in the EU. Together with the European Parliament, the Council of Ministers passes legislation and approves and monitors the budget.1

The EU Council of Ministers consists of cabinet ministers from each Member State,2 responsible for the topic under discussion.3 For example, the finance council, consisting of the finance ministers of each Member State, deals with financial and budgetary matters.

Council of the European Union - EU Council

The Council of the European Union typically acts by qualified majority, meaning that 55% of Member States, representing 65% of the Union’s population must approve.6 In other cases, unanimity is required, for instance when the Council of Ministers passes the multi-annual budget of the EU.7

EU Council: The European Council

The European Council is a special institution within the EU. This EU Council consists of the heads of state and government of the Member States4 (like the German Chancellor or French President). The European Council has few formal powers, but an immense informal influence, as its members are among the most powerful political figures in Europe.

The main role of the European Council is to provide a broad political direction for the Union,5 the details of which are then provided by the Council of the European Union (Council of Ministers), the European Parliament, the European Commission (the executive branch of the EU) and the individual Member States.

Next to its political influence, this EU Council also possesses few, but highly significant, formal powers. Among the most important are nominating the President of the European Commission (who is then elected by the European Parliament),8 appointing leadership of the European Central Bank,9 electing the European Council President,10 and appointing the High Representative for Foreign Affairs and Security Policy (a kind of EU foreign minister) with consent from the Commission President.11

The Council of Europe

The Council of Europe is not an EU Council. While there is some cooperation with the EU, it is not part of or directly related to the EU. It is rather an independent international organisation. Its main purpose is to promote democracy, human rights and the rule of law on the European continent.

Somewhat confusingly, the Council of Europe uses the same flag and anthem as the EU (as these are the flag and anthem of Europe as a whole, not just the EU). It has 46 Members, including all 27 Member States of the EU, the United Kingdom, Turkey, Ukraine and many others. Until the Invasion of Ukraine in 2022 it also included Russia. The only countries that are geographically on the European continent and not members of the Council of Europe are Russia, Belarus and the Vatican. In addition, the United States, Canada, Mexico, Japan and the Vatican are Observer States (Israel is an observer only in the parliamentary assembly, but not the other bodies).

Next to soft power exercised in particular with regard to democracy and the rule of law, the main work and main successes of the Council of Europe have been its work on human rights. The centre-piece of these efforts is the European Court of Human Rights in Strasbourg (not to be confused with the European Court of Justice in Luxembourg). The European Court of Human Rights is the most significant international human rights court on the planet, issuing around 800 – 1500 judgements every year. While some enforcement issues remain, in particular concerning Turkey (and while they were still members Russia), these judgements are generally implemented and at the very least the awarded damages are paid to the victims.

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Footnote references

  1. Art. 16 (1) Treaty on European Union (TEU)
  1. Art. 16 (2) TEU
  1. Art. 16 (6) TEU
  1. Art. 15 (2) TEU
  1. Art. 15 (1) TEU
  1. Artt. 16 (3) – (4) TEU
  1. Art. 312 (2) Treaty on the Functioning of the European Union (TFEU)
  1. Art. 17 (7) TEU
  1. Art. 283 (2) TFEU
  1. Art. 15 (5) TEU
  1. Art. 18 (1) TEU

In-text links

Twitter account of EU Council (Council of the European Union & European Council)

Members of the Council of Europe

Flag and anthem of Europe (via Council of Europe)

Statistical report on Judgements of the European Court of Human Rights 1959-2019

Changes to this article

In early 2022 this article was updated to reflect that Russia is no longer a member of the Council of Europe.