The procedure for appointing of the European Executive Council

1. The role of the President of the European Union and the Chamber of Deputies

 

The European Executive Council (the european government) is being formed by the President of the European Union, who designates the President of the European Executive Council (the head of the european government) a policy representing either the strongest party in the Chamber of Deputies or a coalition head. The designation of the President of the European Executive Council does not prejudge who will become the President of the European Executive Council, because the final decision depends on the results of the mission. The mission of the President-designate of the European Executive Council, as well as the President of the European Executive Council, already elected by the Chamber of Deputies may be terminated.

Based on the political talks held, the President of the European Executive Council presents proposals to the President of the European Union for the composition of the European Executive Council. He is not obliged to make prior arrangements with the President of the European Union of the candidates presented or to consult the President of the European Union. The President of the European Union shall, within 14 days of the first sitting of the Chamber of Deputies or acceptance of the resignation of the previous European Executive Council, appoint a President of the European Executive Council together with other members of a European Executive Council and accept the oaths of office of members of such newly appointed European Executive Council.

The President of the European Union, nominating the President of the European Executive Council, is not legally constrained in the choice of the candidate, but must take care that the government can get the support of a majority in the Chamber of Deputies. The process of appointing the government also includes certain powers of the Chamber of Deputies, as the newly appointed President of the European Executive Council should present to the Chamber of Deputies a program of office operation within 14 days and propose a vote of confidence in the government.

An exposé of the President of the European Executive Council, which includes the European Executive Council's action program and the motion for a vote of confidence, is under discussion in the Chamber of Deputies. Only the proposal of the President of the European Executive Council is put to the vote and other applications are inadmissible. An absolute majority of votes are required in the presence of at least half of the statutory number of deputies.

If the actions taken do not lead to the aim and the President-designate of the European Executive Council is unable to perform the task or if the European Executive Council fails to receive a vote of confidence then the further action will be taken by the Chamber of Deputies in accordance with Art. 130 paragraph. 3 of the Constitution of the European Union as a federal state. At that time, the candidate for the head of the European government may report to at least 65 deputies within the time limit set by the President of the Chamber of Deputies. The Chamber of Deputies elects the President of the European Executive Council, who then presents to the Chamber of Deputies a European Executive Council action program and the proposed composition of the European Executive Council. A resolution on the election the President of the Chamber of Deputies shall immediately forward to the President of the European Union. The Chamber of Deputies should make an absolute majority of the votes of the President of the European Executive Council and the members of the European Executive Council within 14 days, and only the taking of oaths from the members of the European Government and the appointment of them to the President of the European Union. In this procedure the establishment of a European government is part of the Chamber of Deputies and the role of the President of the European Union is clearly reduced.

The procedure for appointing the European Executive Council, as referred to in Article 130 paragraph 1 and 2, should, in normal circumstances, bring about the establishment and operation of the European Executive Council. It was also envisaged in the event of a crisis caused by the lack of a parliamentary majority two emergency solutions. It specifies them in addition to the already mentioned Article 130 paragraph 3, also Article 131 of the Constitution of the European Union.

In the third mode of appointing the European Executive Council as the second emergency, the initiative goes back to the President of the European Union who appoints the President of the European Executive Council within 14 days, and at the request of the other members of the European Government, and takes an oath from him. The Chamber of Deputies should give the European government a vote of confidence within the next 14 days, and only a simple majority of votes will suffice (the majority of votes against negative votes, while the abstentions are not taken into account). In this case the Constitution of the European Union as a federal state resigns from the absolute majority requirement (that is more than half of the votes cast).

If this mode did not give a positive result, this situation obliges the President of the European Union to shorten the term of office and order the early parliamentary elections, as the existing evidence shows that there is a deep political crisis resulting from the absence of the majority of the parliament.

The participation of the President of the European Union and the Chamber of Deputies in the appointment of the European Executive Council has been strictly defined and can take many forms. Appointment of the European Executive Council may therefore take place either at the initiative of the President of the European Union (Article 130 paragraph 1 and Article 131 paragraph 1)   or on the initiative of the Chamber of Deputies (Article 130 paragraph 3), however, the designation of the President of the European Executive Council only occurs when the procedure starts with the President of the European Union.

So the President of the European Union is taking the initiative to set up the European Executive Council, and he is also guaranteed a participation in the end of the European Executive Council's activity because he is authorized to accept the resignation of the European Executive Council. Obligatory resignation is made by the President of the European Executive Council in three cases:

1) at the first sitting of a newly elected Chamber of Deputies (Article 138 paragraph 1) to allow the formation of a parliamentary majority and the establishment of a European Executive Council based on it,

2) when the Chamber of Deputies did not pass a resolution of confidence to the European Executive Council,

3) in the case of the European Executive Council to express no confidence (Article 138 paragraph 2).

In these cases, the President of the European Union is obliged to accept and join the appointment of a new European Executive Council.

 

The President of the European Executive Council also resigns when he resigns from office, which means the resignation of the entire European Executive Council. However, the President of the European Union may not accept this resignation. In case of resignation for the reasons discussed, the President of the European Union entrusts the European Executive Council with further duties until the appointment of a new European Executive Council.

 

 

 

 

2. The role of the President of the European Executive Council in creating the European Executive Council

 

The mode of conduct of the President of the European Union and the Chamber of Deputies has been constitutionally determined and the actions of the President-designate of the European Executive Council for legal regulation are only partially appropriate. This plane belongs rather to the sphere of political life which is difficult to fully regulate by law.

The role of the President-designate of the European Executive Council is essential in this area. After the designation, he makes a political call to form a coalition, which is necessary in a multi-party system. In the absence of a clear majority in the Chamber of Deputies, talks in search of coalitions may be prolonged, preceding the designation of the President of the European Executive Council and can often last until the establishment of the European Executive Council. Discussions on the formation of the coalition also cover the composition of the future European Executive Council, the division of the  Executive Council Directorates-General between the coalition partners, the personal selection of members of the European government, etc. This is the hardest and most arduous period of work before the list of members of the European Executive Council is presented to the President of the European Union.

The development of the European Executive Council's action program is an important stage of coalition discussions, and this program is the basis for a Chamber of Deputies resolution on a vote of confidence. Failure to grant this confidence vote obliges the President of the European Executive Council to resign from the European Executive Council.

The President of the European Executive Council also carries out activities aimed at establishing the European Executive Council and its independence in this regard is severely limited as the head of the European government must meet the requirements of coalition partners as to the quantitative and personal terms of participation of a party in a coalition. In addition, the Constitution of the European Federation stipulates that the European Executive Council shall be composed of the President of the European Executive Council and ministers a total of 15 members.

The Appointment of the European Executive Council involves the President of the European Union giving a nomination to the President of the European Executive Council and the members of the European Executive Council and removing the oath from them the content of which is determined by the Article 128. The Constitution defines what posts can’t be joined members of the European Executive Council.