THE EUROPEAN COUNCIL: TRULY THE LAW-MAKER-IN-CHIEF?

We know that the European Council is a powerful and visible strategic agenda-setter, crisis manager, and impasse-breaker. Yet we are less familiar with the role of national heads of state or government in everyday law-making. By analysing all legislation under the ordinary legislative procedure since 1999, this CEPS Explainer asks whether and – if so – how and how often the European Council refers to these specific laws in its summit conclusions. We show that the European Council mentions about 20% of all legislation and especially prioritises laws that redistribute money, expand EU competences and respond to a specific crisis. On prioritised laws, the European Council mandates the EU’s other institutions and Member States and acts actively and assertively across all stages of the policy process. This is the case even on priorities not shared with the European Commission as the legislative agenda-setter. In short, this Explainer puts the spotlight firmly on the national leaders who run the show – not just in large, visible summits but also during the follow-up everyday law-making process