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. The system is known as qualified majority voting is a type of consociational democracy.
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In this Dossier
Qualified majority voting in the context of Member state of the European Union
The European Union (EU) is a supranational union of 27 member states that are party to the EU's founding treaties, and thereby subject to the privileges and obligations of membership. They have agreed by the treaties to share their own sovereignty through the institutions of the European Union in certain aspects of government. State governments must agree unanimously in the Council for the union to adopt some policies; for others, collective decisions are made by qualified majority voting. These obligations and sharing of sovereignty (also known by some as "pooling of sovereignty") within the EU make it unique among international organisations, as it has established its own legal order which by the provisions of the founding treaties is both legally binding and supreme on all the member states (after a landmark ruling of the ECJ in 1964). A founding principle of the union is subsidiarity, meaning that decisions are taken collectively if and only if they cannot realistically be taken individually.
Each member country appoints to the European Commission a European commissioner. The commissioners do not represent their member state, but instead work collectively in the interests of all the member states within the EU.
Qualified majority voting in the context of Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe (TCE; commonly referred to as the European Constitution or as the Constitutional Treaty) was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states.
The Treaty was signed on 29 October 2004 by representatives of the then 25 member states of the European Union. It was later ratified by 18 member states, which included referendums endorsing it in Spain and Luxembourg. However, the rejection of the document by French and Dutch voters in May and June 2005 brought the ratification process to an end.