UDC 341.181ES
Biblid: 0543-3657, 62 (2011)
Vol. 62, No 1143, pp. 51-62

Pregledni članak
Received: 12 Aug 2011
Accepted: 01 Jan 1970


Zečević Slobodan (Redovni profesor prava Evropske unije na Evropskom univerzitetu u Beogradu),

Originally, Treaties on Establishing the European Communities did not provide the existence of the European Council in their institutional system. Actually, it originated from practice of periodical meetings of heads of states or governments of the European Communities within the so-called “summits“ that developed in the early 1960s. Formally legally, the European Council was recognised as a body of the European Communities as late as in 1987 when the Single European Act was adopted. In the Maastricht Treaty on the European Union, the European Council is mentioned in the so-called “common provisions“. It is the body that induces the development of the Union giving political directions for its acting. Thus, the creators of the Maastricht Treaty decided not to amend the provisions of the Treaty Establishing the European Community and add the European Council to the list of the Community standards bodies. This is because they formally legally treated it as a kind of the European Union supreme body with hybrid status, which resolved the problems that could not be resolved at lower levels, also defining general directions of development and adopting the Union’s general political positions. 2009 Lisbon Treaty provided that the European Council would become a European Union lawful institution. The greatest novelty in the proposal of the 2004 EU Constitution, what was taken over from the Lisbon Treaties, was the introduction of the position of the President of the European Council.