northInitially provided for in the Community Treaties but imagined and instituted by Valéry Giscard d’Estaing, reinforced by the Treaty of Lisbon (2009), the European Council has established itself as the centre of gravity of the institutional system of the European Union (EU). Its power has increased during the crises recently experienced by Europe, whether that of the euro zone, the health crisis or the war in Ukraine.
So many episodes required serious decisions, taken within tight deadlines, which the legitimacy of the European Council made possible. Often confused with the Council of the EU, which brings together representatives of ministerial rank, the institution actually brings together the “heads of state or government”, that is to say, the highest level of political responsibility that can exist within the Member States. The European Treaties, however, leave it to the latter to appoint their representatives, in accordance with their internal constitutional rules.
In accordance with the logic of their parliamentary systems, states are usually represented by heads of government. This is the option chosen by Germany, Spain, Italy and Poland. Exceptions are cases where the head of state, in this case a president, is appointed by the member state. This is the case in Cyprus, Lithuania and Romania, where the president, elected by direct universal suffrage, is recognised by the Constitution as having powers in matters of foreign policy. This is also the case in France.
A representation of two heads
In a context of continuous transfer of powers from the Member States to the Union, the European Council appears to be a key place for the exercise of presidential power. For Emmanuel Macron, who in 2017 placed Europe at the heart of his political project, presence at the European Council is undoubtedly a crucial, if not existential, issue.
This participation of the French President, however, is based, from a legal point of view, on fragile foundations. Initially intended to establish a true parliamentary regime, the 1958 Constitution does not clearly establish a representative role at the international level for the benefit of the Head of State. This, however, prevailed due to a presidentialist reading of the Constitution encouraged by the election of the President by direct universal suffrage following the referendum of 28 October 1962.
But this practice was interrupted during the three cohabitations that France experienced since 1986. A compromise was then reached between the Head of State and the Prime Minister, which gave rise to a two-headed representation during the meetings of the European Council. The two executive summits (Mitterrand-Chirac, Mitterrand-Balladur and then Chirac-Jospin) then succeeded, not without some tensions, but discreet, in formulating a common expression.
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