Voting in the Council of the European Union

{{Short description|Method to take decisions in the EU Council}} {{Use dmy dates|date=May 2020}} {{Politics of the European Union}}

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]].

==Current qualified majority voting rules (since 2014)== {{Main|Treaty of Lisbon}} Article 16 of the [[Treaty on European Union]],<ref name=article-16>{{cite web | title =Article 16 of the Consolidated versions of the Treaty on European Union and the Treaty on the functioning of the European Union | publisher =[[Publications Office of the European Union]] | date =2016-06-07 | url =https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12016M016 | access-date =2021-02-01 | archive-date =6 July 2022 | archive-url =https://web.archive.org/web/20220706154956/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12016M016 | url-status =live }}</ref> as amended by the [[Treaty of Lisbon]], stipulates that the Council voting arrangements of the Nice Treaty applied until 31 October 2014.{{efn|name=fn1}}

=== Qualified majority === Article 16<ref name=article-16/> also states the conditions for a ''qualified majority'', effective since 1 November 2014: * Majority of countries: '''55%''' (comprising at least 15 of them) '''and''' * Majority of population: '''65%'''.

A ''blocking minority''<ref name=article-16/> requires{{mdash}}in addition to not meeting one of the two conditions above{{mdash}}that at least 4 countries (or, if not all countries participate in the vote, the minimum number of countries representing more than 35% of the population of the participating countries, plus one country) vote against the proposal. Thus, there may be cases where an act is passed, even though the population condition is not met. This precludes scenarios where 3 populous countries could block a decision favored by the other 24 countries.<ref>{{cite web |title=Sperrminorität |publisher=Bundeszentrale für politische Bildung |url=http://www.bpb.de/nachschlagen/lexika/177278/sperrminoritaet |access-date=9 October 2016 |last=M. Chardon |date=1 January 2016 |language=de |archive-date=21 April 2023 |archive-url=https://web.archive.org/web/20230421153952/https://www.bpb.de/nachschlagen/lexika/177278/sperrminoritaet |url-status=live }}</ref>

According to the EU Regulation No 1260/2013 the usually resident population are "all persons having their usual residence in a Member State" irrespective of [[European Union citizenship]].<ref name="s283">{{cite web | title=Regulation (EU) No 1260/2013 | website=EUR-Lex | date=2013-11-20 | url=https://eur-lex.europa.eu/eli/reg/2013/1260/oj | access-date=2026-02-15}}</ref>

The Lisbon rules eradicated the use of "artificial" voting weights. This move, first proposed in the [[Treaty establishing a Constitution for Europe|Constitution]], is based on the size of populations and, at the same time, acknowledges the smaller member states' fears of being overruled by the larger countries.

=== Reinforced qualified majority === Article 238 of the [[Treaty on the Functioning of the European Union]]<ref>{{Cite web|title=Article 238 of the Consolidated version of the Treaty on the Functioning of the European Union|publisher=[[Publications Office of the European Union]]|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12016E238|access-date=2024-07-04}}</ref> states the conditions for a ''reinforced qualified majority'',<ref>{{Cite web|url=https://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/|title=Qualified majority|website=European Council|access-date=4 July 2024|archive-date=19 March 2022|archive-url=https://web.archive.org/web/20220319073922/https://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/|url-status=live}}</ref> when acting on a proposal from neither the Commission nor the [[High Representative of the Union for Foreign Affairs and Security Policy|High Representative]], effective since 1 November 2014: * Majority of countries: '''72%''' '''and''' * Majority of population: '''65%'''.

===Voting practice=== In practice, the Council targeted unanimous decisions, and qualified majority voting was often simply used as a means to pressure compromises for consensus. For example, in 2008, 128 out of 147 Council decisions were unanimous. Within the remaining decisions, there was a total of 32 abstentions and 8 votes against the respective decision. These opposing votes were cast twice by Luxembourg and once by each of Austria, Belgium, Denmark, Spain, Netherlands, and Portugal.<ref>Summary of Council Acts; Council of the European Union; retrieved on 16 June 2010.</ref>

===Policy areas=== The Council, jointly with the European Parliament, has policy-making, legislative and budgetary functions. The Council is composed of the ministers of member states responsible for a specific area of policy. The ministers or their representative will commit the government of the member state in questions of policy and cast the member state vote. The Lisbon Treaty specifies in Article 16<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12016M016|title=EUR-Lex - 12016M016 - EN - EUR-Lex|access-date=1 February 2021|archive-date=6 July 2022|archive-url=https://web.archive.org/web/20220706154956/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12016M016|url-status=live}}</ref> that the Council shall act by a qualified majority voting (QMV)<ref>However, decisions of European Council, composed by the heads of state or government of each member state, are still taken by consensus as per [https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12016M015 Article 15] {{Webarchive|url=https://web.archive.org/web/20210312142410/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12016M015 |date=12 March 2021 }} of the Treaty on European Union.</ref> in areas of competence<ref>[https://www.consilium.europa.eu/en/council-eu/voting-system/unanimity/ Voting by unanimity] {{Webarchive|url=https://web.archive.org/web/20230529075633/https://www.consilium.europa.eu/en/council-eu/voting-system/unanimity/ |date=29 May 2023 }}, ''[[Council of the European Union]]'', accessed on 2021-02-01</ref> with certain exceptions. Qualified majority voting now extends to policy areas that required unanimity according to the Nice Treaty.

The new areas of QMV are:<ref>http://europa.eu/rapid/press-release_MEMO-03-23_en.htm New areas of qualified majority voting in Nice treaty</ref>

{{S-start}} ! Area !! Nice !! Lisbon !! Reference |- | Initiatives of the High Representative for Foreign Affairs || Unanimity || QMV following unanimous request || 15b [[Treaty on European Union|TEU]] |- | Rules concerning the [[European Defence Agency]] || Unanimity || QMV || 45(2) TEU |- | Freedom to establish a business || Unanimity || QMV || 50 [[Treaty on the Functioning of the European Union|TFEU]] |- | Self-employment access rights || Unanimity || QMV || 50 TFEU |- | Freedom, security and justice – cooperation and evaluation || Unanimity || QMV || 70 TFEU |- | Border checks || Unanimity || QMV || 77 TFEU |- | Asylum || Unanimity || QMV || 78 TFEU |- | Immigration || Unanimity || QMV || 79 TFEU |- | Crime prevention incentives || Unanimity || QMV || 69c TFEU |- | [[Eurojust]] || Unanimity || QMV || 69d TFEU |- | Police cooperation || Unanimity || QMV || 69f TFEU |- | [[Europol]] || Unanimity || QMV || 69g TFEU |- | [[Transport in the European Union|Transport]] || Unanimity || QMV || 71§2 TFEU |- | [[European Central Bank]] || Unanimity || QMV (in part) || 129 TFEU, 283 TFEU |- | Culture || Unanimity || QMV || 151 TFEU |- | [[Regional policy of the European Union#Instruments and funding|Structural and Cohension Funds]] || Unanimity || QMV || 161 TFEU |- | Organisation of the [[Council of the European Union]] || Unanimity || QMV || 201b TFEU |- | [[European Court of Justice]] || Unanimity || QMV || 245, 224a, 225a TFEU |- | [[Freedom of movement for workers]] || Unanimity || QMV || 46 TFEU |- | Social security || Unanimity || QMV || 48 TFEU |- | Criminal judicial cooperation || Unanimity || QMV || 69a TFEU |- | Criminal law || Unanimity || QMV || 69b TFEU |- | [[President of the European Council]] election || (New item) || QMV || 9b§5 TEU |- | [[High Representative of the Union for Foreign Affairs and Security Policy|Foreign Affairs High Representative]] election || (New item) || QMV || 9e§1 TEU |- | Funding the [[Common Foreign and Security Policy]] || Unanimity || QMV || 28 TEU |- | Common defense policy || Unanimity || QMV || 28e TEU |- | [[Withdrawal from the European Union|Withdrawal of a member state]] || (new item) || QMV || 49a TEU |- | General economic interest services || Unanimity || QMV || 16 TFEU |- | Diplomatic and consular protection || Unanimity || QMV || 20 TFEU |- | [[European Citizens' Initiative|Citizens initiative]] regulations || Unanimity || QMV || 21 TFEU |- | Intellectual property || Unanimity || QMV || 97a TFEU |- | Eurozone external representation || Unanimity || QMV || 115c TFEU |- | Sport || Unanimity || QMV || 149 TFEU |- | Space || Unanimity || QMV || 172a TFEU |- | [[Energy policy of the European Union|Energy]] || Unanimity || QMV || 176a TFEU |- | Tourism || Unanimity || QMV || 176b TFEU |- | Civil protection || Unanimity || QMV || 176c TFEU |- | Administrative cooperation || Unanimity || QMV || 176d TFEU |- | Emergency international aid || Unanimity || QMV || 188i TFEU |- | Humanitarian aid || Unanimity || QMV || 188j TFEU |- | Response to natural disasters or terrorism || (new item)|| QMV || 188R§3 TFEU |- | [[Economic and Social Committee]] || QMV || QMV || 256a TFEU |- | [[Committee of the Regions]] || Unanimity || QMV || 256a TFEU |- | [[Economic and Social Committee]] || Unanimity || QMV || 256a TFEU |- | [[Budget of the European Union|The EU budget]] || Unanimity || QMV || 269 TFEU |- {{End}}

==Past qualified majority voting rules (1958–2014)== This section presents the former qualified majority voting systems employed in the [[Council of the European Union]], and its predecessor institutions. While some policy areas require unanimity among Council members, for selected policy areas qualified majority voting has existed right from the start. All major treaties have shifted some policy areas from unanimity to qualified majority voting.

Whenever the community was enlarged, voting weights for new members were defined and thresholds re-adjusted by accession treaties. After its inception in 1958, the most notable changes to the voting system occurred: * with the [[Enlargement of the European Union#First enlargement|1973 enlargement]], when the number of votes for the largest member states was increased from 4 to 10, * with the [[Treaty of Nice]], when the maximum number of votes was increased to 29, thresholds became defined in terms of percentages, and a direct population-dependent condition was introduced, * with the [[Treaty of Lisbon]], when the concept of votes was abandoned in favour of a "[[double majority]]" depending only on the number of states and the population represented. All systems prescribed higher thresholds for passing acts that were not proposed by the [[Commission of the European Union|Commission]]. Member states have to cast their votes ''en bloc'' (i.e., a member state may not split its votes). Hence, the number of votes rather describes the weight of a member's single vote.

The analysis of the distribution of voting power under different voting rules in the EU Council often requires the use of complex computational methods that go beyond a mere calculation of vote share, such as the [[Shapley-Shubik power index|Shapley-Shubik index]] or the [[Banzhaf power index|Banzhaf measure]].<ref>e.g. [http://auco.cuni.cz/mag/article/show/id/126 Diego Varela and Javier Prado-Dominguez (2012) 'Negotiating the Lisbon treaty: Redistribution, efficiency and power indices', ''AUCO Czech Economic Review'' 6(2): 107–124.] {{Webarchive|url=https://web.archive.org/web/20131104194901/http://auco.cuni.cz/mag/article/show/id/126 |date=4 November 2013 }}</ref>

===Treaty of Rome (1958–1973)=== According to Article 148 of the [[Treaty establishing the European Economic Community]] (EEC Treaty),<ref>[https://www.cvce.eu/en/obj/treaty_establishing_the_european_economic_community_rome_25_march_1957-en-cca6ba28-0bf3-4ce6-8a76-6b0b3252696e.html Treaty establishing the European Economic Community (Rome, 25 March 1957)] {{Webarchive|url=https://web.archive.org/web/20210205103502/https://www.cvce.eu/en/obj/treaty_establishing_the_european_economic_community_rome_25_march_1957-en-cca6ba28-0bf3-4ce6-8a76-6b0b3252696e.html |date=5 February 2021 }}</ref> acts of the Council required for their adoption: *12 votes (if the act was proposed by the Commission), '''or''' *12 votes by at least 4 member states (if the act was not proposed by the Commission).

The values above are related to the EU-6, the founding member states. The treaty allocated the votes as follows: *4 votes: France, Germany, Italy, *2 votes: Belgium, Netherlands, *1 vote: Luxembourg. Under this system, Luxembourg had no voting power for acts proposed by the Commission.

===Accession Treaty (1973–1981)=== Article 148 of the EEC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 8 of the Accession Treaty regulating the enlargement of the community by Denmark, Ireland, and the United Kingdom.<ref>[https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:1972:073:FULL Act concerning the Conditions of Accession and the Adjustments to the Treaties] (PDF)</ref> Acts of the Council now required for their adoption: *41 votes (if the act was proposed by the Commission), '''or''' *41 votes by at least 6 member states (if the act was not proposed by the Commission).

These values were now related to the EU-9. The treaty allocated the votes as follows: *10 votes: France, Germany, Italy, United Kingdom, *5 votes: Belgium, Netherlands, *3 votes: Denmark, Ireland, *2 votes: Luxembourg.

===Accession Treaty (1981–1986)=== Article 148 of the EEC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 14 of the Accession Treaty regulating the enlargement of the community by Greece.<ref>[https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11979H/ACT Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties] {{Webarchive|url=https://web.archive.org/web/20210519142712/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11979H/ACT |date=19 May 2021 }}, Articles 12 & 14</ref> Acts of the Council now required for their adoption: *45 votes (if the act was proposed by the Commission), '''or''' *45 votes by at least 6 member states (if the act was not proposed by the Commission).

The votes allocated previously to the EU-9 did not change. Greece was allocated 5 votes.

===Accession Treaty (1986–1995)=== Article 148 of the EEC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 14 of the Accession Treaty regulating the enlargement of the community by Portugal and Spain.<ref>[https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11985I/ACT Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties] {{Webarchive|url=https://web.archive.org/web/20210205231731/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11985I/ACT |date=5 February 2021 }}, Article 12 & 14</ref> Acts of the Council now required for their adoption: *54 votes (if the act was proposed by the Commission), '''or''' *54 votes by at least 8 member states (if the act was not proposed by the Commission).

The votes allocated previously to the EU-10 did not change. To the new members, the following votes were allocated: * 8 votes: Spain, * 5 votes: Portugal.

The [[Treaty of Maastricht]] established the [[Treaty establishing the European Community|European Community Treaty]] (EC Treaty) where the qualified majority voting system was detailed in Article 148.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11992M/TXT|title=EUR-Lex - 11992M/TXT - EN - EUR-Lex|access-date=1 February 2021|archive-date=30 December 2020|archive-url=https://web.archive.org/web/20201230143604/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11992M/TXT|url-status=live}}</ref> While this treaty transferred some policy areas subject to unanimity to qualified majority, it neither changed the voting weights nor the thresholds.

===Accession Treaty (1995–2004)=== Article 148 of the EC Treaty, specifying the qualified majority voting system of the Council, was amended by Article 8 of the Accession Treaty regulating the enlargement of the community by Austria, Finland, and Sweden.<ref>[https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11994N/TXT ACT concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded] {{Webarchive|url=https://web.archive.org/web/20201230004231/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11994N/TXT |date=30 December 2020 }}, Articles 13 & 15</ref> Acts of the Council now required for their adoption: *62 votes (if the act was proposed by the Commission), '''or''' *62 votes by at least 10 member states (if the act was not proposed by the Commission).

The votes allocated previously to the EU-12 did not change. To the new members, the following votes were allocated: * 4 votes: Austria, Sweden, * 3 votes: Finland.

===Treaty of Nice (2004–2014/17)=== {| class="wikitable" style="float:right; font-size:80%; text-align:center; valign:bottom; margin-left:1em; margin-bottom:1em;" |+ <big>Comparison of voting weights</big><br /> ''Population in millions as of 1 January 2003 ([[Treaty of Nice]])<ref>{{Cite journal | url=http://www.eds-destatis.de/en/downloads/sif/nk_04_13.pdf | title=First results of the demographic data collection for 2003 in Europe | journal=Statistics in Focus: Population and Social Conditions: 13/2004 | publisher=Joint demographic data collection the [[Council of Europe]] and [[Eurostat]] | author=François-Carlos Bovagnet | year=2004 | access-date= 28 April 2011}}</ref>'' |- style="background: #ffebad;" ! Member state | colspan="2" | Population | colspan="2" | Weights | colspan="2" | [[Penrose method|Penrose]]<ref name="Penrose Voting System and Optimal Quota">{{cite journal|author=W. Slomczynski, K. Zyczkowski|title=Penrose Voting System and Optimal Quota|journal=Acta Physica Polonica B|volume=37|pages=3133–3143|year=2006|issue=11|arxiv=physics/0610271|bibcode=2006AcPPB..37.3133S|url=http://chaos.if.uj.edu.pl/~karol/pdf/SZapp06.pdf|archive-date=9 November 2011|access-date=26 October 2011|archive-url=https://web.archive.org/web/20111109174829/http://chaos.if.uj.edu.pl/~karol/pdf/SZapp06.pdf|url-status=live}}</ref> |- | style="text-align:left;" | {{Flag|Germany}} | style="background: #efefef;" | 82.54m | 16.5% | style="background: #efefef;" | 29 | 8.4% | style="background: #efefef;" | 9.55% |- | style="text-align:left;" | {{Flag|France}} | style="background: #efefef;" | 59.64m | 12.9% | style="background: #efefef;" | 29 | 8.4% | style="background: #efefef;" | 8.11% |- | style="text-align:left;" | {{Flag|UK}} | style="background: #efefef;" | 59.33m | 12.4% | style="background: #efefef;" | 29 | 8.4% | style="background: #efefef;" | 8.09% |- | style="text-align:left;" | {{Flag|Italy}} | style="background: #efefef;" | 57.32m | 12.0% | style="background: #efefef;" | 29 | 8.4% | style="background: #efefef;" | 7.95% |- | style="text-align:left;" | {{Flag|Spain}} | style="background: #efefef;" | 41.55m | 9.0% | style="background: #efefef;" | 27 | 7.8% | style="background: #efefef;" | 6.78% |- | style="text-align:left;" | {{Flag|Poland}} | style="background: #efefef;" | 38.22m | 7.6% | style="background: #efefef;" | 27 | 7.8% | style="background: #efefef;" | 6.49% |- | style="text-align:left;" | {{Flag|Romania}} | style="background: #efefef;" | 21.77m | 4.3% | style="background: #efefef;" | 14 | 4.1% | style="background: #efefef;" | 4.91% |- | style="text-align:left;" | {{Flag|Netherlands}} | style="background: #efefef;" | 17,02m | 3.3% | style="background: #efefef;" | 13 | 3.8% | style="background: #efefef;" | 4.22% |- | style="text-align:left;" | {{Flag|Greece}} | style="background: #efefef;" | 11.01m | 2.2% | style="background: #efefef;" | 12 | 3.5% | style="background: #efefef;" | 3.49% |- | style="text-align:left;" | {{Flag|Portugal}} | style="background: #efefef;" | 10.41m | 2.1% | style="background: #efefef;" | 12 | 3.5% | style="background: #efefef;" | 3.39% |- | style="text-align:left;" | {{Flag|Belgium}} | style="background: #efefef;" | 10.36m | 2.1% | style="background: #efefef;" | 12 | 3.5% | style="background: #efefef;" | 3.38% |- | style="text-align:left;" | {{Flag|Czech Republic|name=Czech Rep.}} | style="background: #efefef;" | 10.20m | 2.1% | style="background: #efefef;" | 12 | 3.5% | style="background: #efefef;" | 3.35% |- | style="text-align:left;" | {{Flag|Hungary}} | style="background: #efefef;" | 10.14m | 2.0% | style="background: #efefef;" | 12 | 3.5% | style="background: #efefef;" | 3.34% |- | style="text-align:left;" | {{Flag|Sweden}} | style="background: #efefef;" | 8.94m | 1.9% | style="background: #efefef;" | 10 | 2.9% | style="background: #efefef;" | 3.14% |- | style="text-align:left;" | {{Flag|Austria}} | style="background: #efefef;" | 8.08m | 1.7% | style="background: #efefef;" | 10 | 2.9% | style="background: #efefef;" | 2.98% |- | style="text-align:left;" | {{Flag|Bulgaria}} | style="background: #efefef;" | 7.85m | 1.5% | style="background: #efefef;" | 10 | 2.9% | style="background: #efefef;" | 2.94% |- | style="text-align:left;" | {{Flag|Denmark}} | style="background: #efefef;" | 5.38m | 1.1% | style="background: #efefef;" | 7 | 2.0% | style="background: #efefef;" | 2.44% |- | style="text-align:left;" | {{Flag|Slovakia}} | style="background: #efefef;" | 5.38m | 1.1% | style="background: #efefef;" | 7 | 2.0% | style="background: #efefef;" | 2.44% |- | style="text-align:left;" | {{Flag|Finland}} | style="background: #efefef;" | 5.21m | 1.1% | style="background: #efefef;" | 7 | 2.0% | style="background: #efefef;" | 2.39% |- | style="text-align:left;" | {{Flag|Ireland}} | style="background: #efefef;" | 3.96m | 0.9% | style="background: #efefef;" | 7 | 2.0% | style="background: #efefef;" | 2.09% |- | style="text-align:left;" | {{Flag|Lithuania}} | style="background: #efefef;" | 3.46m | 0.7% | style="background: #efefef;" | 7 | 2.0% | style="background: #efefef;" | 1.95% |- | style="text-align:left;" | {{Flag|Latvia}} | style="background: #efefef;" | 2.33m | 0.5% | style="background: #efefef;" | 4 | 1.2% | style="background: #efefef;" | 1.61% |- | style="text-align:left;" | {{Flag|Slovenia}} | style="background: #efefef;" | 2.00m | 0.4% | style="background: #efefef;" | 4 | 1.2% | style="background: #efefef;" | 1.48% |- | style="text-align:left;" | {{Flag|Estonia}} | style="background: #efefef;" | 1.36m | 0.3% | style="background: #efefef;" | 4 | 1.2% | style="background: #efefef;" | 1.23% |- | style="text-align:left;" | {{Flag|Cyprus}} | style="background: #efefef;" | 0.72m | 0.2% | style="background: #efefef;" | 4 | 1.2% | style="background: #efefef;" | 0.89% |- | style="text-align:left;" | {{Flag|Luxembourg}} | style="background: #efefef;" | 0.45m | 0.1% | style="background: #efefef;" | 4 | 1.2% | style="background: #efefef;" | 0.70% |- | style="text-align:left;" | {{Flag|Malta}} | style="background: #efefef;" | 0.40m | 0.1% | style="background: #efefef;" | 3 | 0.9% | style="background: #efefef;" | 0.66% |- style="background:#cccccc;" | style="text-align:left;" | {{Flag|EU}} | 484.20m | 100% | 345 | 100% | 100% |} The voting system of the Council as defined in the Treaty of Nice<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12001C/TXT|title=EUR-Lex - 12001C/TXT - EN - EUR-Lex|access-date=1 February 2021|archive-date=30 December 2020|archive-url=https://web.archive.org/web/20201230011844/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12001C/TXT|url-status=live}}</ref> was supposed to enter into force on 1 January 2005.<ref name=NiceTreatyCowen>{{cite web | title = Cowen welcomes ratification of Treaty of Nice by Ireland | work = Under its terms, the Treaty of Nice entered into force on 1 February 2003 | publisher = Department of foreign affairs, Republic of Ireland | date = 18 December 2002 | url = http://www.dfa.ie/home/index.aspx?id=26153 | access-date = 27 August 2011}}</ref><ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C:2001:080:FULL|title=Article 3(1) of the Protocol on the enlargement of the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities|access-date=20 February 2022|archive-date=20 February 2022|archive-url=https://web.archive.org/web/20220220102831/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C:2001:080:FULL|url-status=live}}</ref> However, the voting system was changed before that date by the [[Treaty of Accession 2003]], which entered into force on 1 May 2004. During a temporary period that extended to 1 November 2004, the old pre-Nice voting system was kept, but adapted to the new number of member states.<ref>Article 26 of the Treaty of Accession 2003.</ref> From 1 November 2004, a new voting system based on the Nice system entered into force. The voting weights of the member states according to that voting system are shown in the table on the right. The voting system was replaced by the Treaty of Lisbon, effective 1 November 2014.{{efn|name=fn1|However, any member state could request that the Nice system still be used for a particular vote, until 31 March 2017.<ref>{{cite web|title=Qualified majority|url=http://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/|website=consilium.europa.eu|publisher=EU Council|access-date=1 April 2017|archive-date=15 March 2017|archive-url=https://web.archive.org/web/20170315010913/http://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/|url-status=live}}</ref>}}

The following conditions applied to taking decisions: * Majority of countries: 50% + one, if proposal made by the Commission; or else at least two-thirds (66.67%),<ref>Article 205 of the EC Treaty and Articles 23 and 34 of the EU Treaty.</ref> '''and''' * At least 232 votes (1 November 2004–31 December 2006), 255 votes (1 January 2007–30 June 2013), or 260 votes (1 July 2013–31 October 2014), '''and''' * Majority of population: 62%. The last condition was only checked upon request by a member state.<ref>Article 3 of the Treaty of Nice, ''passim''.</ref>

In the absence of consensus, qualified majority voting was the Council's key way of decision-making. In terms of the statistics before Croatia became a member of the EU (1 July 2013), the pass condition translated into: # At least 14 (or 18, if proposal was not made by the Commission) countries, # At least 255 of the total 345 voting weights, # At least 311 million people represented by the states that vote in favour. The last requirement was almost always already implied by the condition on the number of voting weights. The rare exceptions to this could occur in certain cases when a proposal was backed by exactly three of the six most populous member states but not including Germany, that is, three of France, UK, Italy, Spain and Poland, and by all or nearly all of the 21 other members.

Note that the Commission could make a proposal in a way that removed the requirement for a qualified majority. For example, the Anti-Dumping Advisory Committee (ADAC) could approve a proposal to impose tariffs based on a simple, unweighted majority, but overturning it would have required a qualified majority because this meant voting against a Commission proposal. This greatly increased the power of small member states in such circumstances.{{citation needed|reason=Why?|date=June 2016}}

The declarations of the conference that adopted the Treaty of Nice contained contradictory statements concerning qualified majority voting after the enlargement of the European Union to 25 and 27 members: one declaration<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12001C/DCL/20|title=Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certa in related acts#Declarations Adopted By The Conference#Declaration on the enlargement of the European Union|date=26 February 2001|access-date=1 February 2021|archive-date=23 April 2021|archive-url=https://web.archive.org/web/20210423092221/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12001C/DCL/20|url-status=live}}</ref> specified that the qualifying majority of votes would increase to a maximum of 73.4%, contradicting another declaration<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12001C/DCL/21|title=Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certa in related acts#Declarations Adopted By The Conference#Declaration on the qualified majority threshold and the number of votes for a blocking minority in an enlarged Union|date=26 February 2001|access-date=1 February 2021|archive-date=14 March 2021|archive-url=https://web.archive.org/web/20210314123622/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12001C/DCL/21|url-status=live}}</ref> which specified a qualifying majority of 258 votes (74.78%) after enlargement to 27 countries. However, the treaties of accession following the Treaty of Nice clarified the required majority.

After the accession of Croatia, on 1 July 2013, at least 260 votes out of a total of 352 by at least 15 member states were required for legislation to be adopted by qualified majority. Croatia had 7 votes (the same as Denmark, Ireland, Lithuania, Slovakia and Finland).<ref>{{cite web | url=http://www.european-council.europa.eu/home-page/highlights/eu-welcomes-28th-member-state-croatia?lang=en | title=EU welcomes 28th member state - Croatia | publisher=[[European Council]] | date=28 June 2013 | access-date=2013-10-19 | archive-date=20 October 2013 | archive-url=https://web.archive.org/web/20131020143028/http://www.european-council.europa.eu/home-page/highlights/eu-welcomes-28th-member-state-croatia?lang=en | url-status=dead }}</ref>

From 1 July 2013, the pass condition translated into: # At least 15 (or 18, if proposal was not made by the Commission) countries, # At least 260 of the total 352 voting weights, # At least 313.6 million people represented by the states that vote in favour.

===Penrose method (rejected)=== Poland proposed the [[Penrose method]] (also known as the "square root method"), which would narrow the weighting of votes between the largest and smallest countries in terms of population. The Czech Republic supported this method to some extent, but had warned it would not back a Polish veto on this matter. All the other states remained opposed.<ref>{{cite web | author=James G. Neuger | author-link=James G. Neuger | url=https://www.bloomberg.com/apps/news?pid=20601085&sid=anGkcVsxGwYo&refer=europe | title= Merkel Sees Snags Over EU Treaty as Poland Holds Firm (Update1) | publisher=[[Bloomberg L.P.|Bloomberg]] | date=18 June 2007 | access-date=2007-06-26 | archive-url=https://web.archive.org/web/20150922184705/http://www.bloomberg.com/apps/news?pid=newsarchive&sid=anGkcVsxGwYo&refer=europe | archive-date=2015-09-22 }}</ref> After previously refusing to discuss the issue, the German government agreed to include it for discussion at the June council.<ref>{{cite web | author=Renata Goldirova | author-link=Renata Goldirova | url=http://euobserver.com/9/24315 | title=Germany gives ear to Poland in 'Treaty of Lisbon' talks | publisher=[[EU Observer]] | date=20 June 2007 | access-date=2007-06-26 | archive-date=30 September 2007 | archive-url=https://web.archive.org/web/20070930014713/http://euobserver.com/9/24315 | url-status=live }}</ref> The given percentage is the game theoretical optimal threshold,<ref name="Penrose Voting System">{{cite web|url=https://www.actaphys.uj.edu.pl/findarticle?series=reg&vol=37&page=3133|title=Acta Physica Polonica B|website=www.actaphys.uj.edu.pl|access-date=8 January 2019|archive-date=9 January 2019|archive-url=https://web.archive.org/web/20190109011934/https://www.actaphys.uj.edu.pl/findarticle?series=reg&vol=37&page=3133|url-status=live}}</ref> and is known as the "[[Jagiellonian Compromise]]".<ref>Physics World 2006; 19(3):35-37.</ref> The Penrose method voting weights allocated to the states are shown in the adjacent table.

According to the proposal, the requirement for an act to pass in the Council was: * Majority of voting weights: 61.4%.

==Unanimity== {{More citations needed section|date=June 2010}} Certain policy fields remain subject to unanimity in whole or in part, such as: * membership of the Union (opening of accession negotiations,<ref name="CER"/> association, [[Article 7 of the Treaty on European Union|serious violations of the Union's values]], etc.); ** change the status of an [[overseas countries and territories|overseas country or territory]] (OCT) to an [[outermost region]] (OMR) or vice versa.<ref>The provision reads:

{{quote|1=Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows:

[...]

(e) the following new paragraph shall be added at the end of the Article:

"6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission."|source=[https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:12007L/TXT Treaty of Lisbon] Article 2, point 293}}</ref> * taxation;<ref name="CER">{{cite web |title=Does EU enlargement require voting reform? |url=https://www.cer.eu/insights/does-eu-enlargement-require-voting-reform |website=Centre for European Reform |access-date=21 May 2025 |language=en |archive-date=19 May 2025 |archive-url=https://web.archive.org/web/20250519230322/https://www.cer.eu/insights/does-eu-enlargement-require-voting-reform |url-status=live }}</ref> * the finances of the Union (own resources, the [[Multiannual Financial Framework]]);<ref name="CER"/> * harmonisation in the field of social security and social protection;<ref name="CER"/> * certain provisions in the field of [[Justice and Home Affairs]] ([[European Public Prosecutor's Office|the European prosecutor]], family law, operational police cooperation, etc.);<ref name="CER"/> * certain provisions in environmental policy, such as land use, town and city planning and policies affecting the energy mix;<ref name="CER"/> * the flexibility clause (352 TFEU) allowing the Union to act to achieve one of its objectives in the absence of a specific legal basis in the treaties; * the [[Common Foreign and Security Policy]], with the exception of certain clearly defined cases;<ref name="CER"/> * the [[Common Security and Defence Policy]], with the exception of the establishment of [[Permanent Structured Cooperation]];<ref>{{Cite web |title=Unanimity - EUR-Lex |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:unanimity#:~:text=Unanimity,%20where%20all%20EU%20Member%20States%20have%20to,which%20the%20Member%20States%20consider%20to%20be%20sensitive. |access-date=2025-04-16 |website=eur-lex.europa.eu |language=en |archive-date=4 April 2025 |archive-url=https://web.archive.org/web/20250404122430/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Aunanimity#:~:text=Unanimity,%20where%20all%20EU%20Member%20States%20have%20to,which%20the%20Member%20States%20consider%20to%20be%20sensitive. |url-status=live }}</ref> * citizenship (the granting of new rights to [[European Union citizenship|European citizens]], anti-discrimination measures); * certain institutional issues (the [[Elections to the European Parliament#Voting system|electoral system]] and composition of the Parliament, certain appointments, the composition of the Committee of the Regions and the European Economic and Social Committee, the seats of the institutions, [[Languages of the European Union|the language regime]], the revision of the treaties,<ref name="CER"/> including the bridging clauses, etc.).

==Notes== {{notelist}}

==References== {{Reflist}}

==External links== *[http://www.consilium.europa.eu/en/council-eu/voting-system/voting-calculator/ Voting Calculator for Council decisions] {{Webarchive|url=https://web.archive.org/web/20170722112120/http://www.consilium.europa.eu/en/council-eu/voting-system/voting-calculator/ |date=22 July 2017 }} *[https://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/ A detailed summary of qualified majority voting] {{Webarchive|url=https://web.archive.org/web/20220319073922/https://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/ |date=19 March 2022 }} *BBC: [http://news.bbc.co.uk/1/hi/world/europe/3562405.stm Background on the voting weights discussion] {{Webarchive|url=https://web.archive.org/web/20080726144821/http://news.bbc.co.uk/1/hi/world/europe/3562405.stm |date=26 July 2008 }} *[http://www.clingendael.nl/publications/2000/20000700_cli_ess_hosli.pdf Analysis and history of voting weights in the Council] {{Webarchive|url=https://web.archive.org/web/20081218205512/http://www.clingendael.nl/publications/2000/20000700_cli_ess_hosli.pdf |date=18 December 2008 }} *[http://www.zei.de/download/zei_dp/dp_c149_wiberg.pdf New winners and old losers. A priori voting power in the EU25] {{Webarchive|url=https://web.archive.org/web/20070810161645/http://www.zei.de/download/zei_dp/dp_c149_wiberg.pdf |date=10 August 2007 }} *[http://euabc.com/index.phtml?word_id=783 Article at EUABC] {{Webarchive|url=https://web.archive.org/web/20060528215824/http://euabc.com/index.phtml?word_id=783 |date=28 May 2006 }} *[https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:C2004/310/01 Full text of the Constitution – Title IV article I-25 ] {{Webarchive|url=https://web.archive.org/web/20210519050022/https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:C2004/310/01 |date=19 May 2021 }} *[http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/04/61&format=HTML&aged=0&language=EN&guiLanguage=en Completion of the 5-th enlargement and institutional changes (votes in Council and European Parliament including Bulgaria's and Romania's from 1 Jan 2007)] {{Webarchive|url=https://web.archive.org/web/20070708065344/http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/04/61&format=HTML&aged=0&language=EN&guiLanguage=en |date=8 July 2007 }} * {{Cite journal | title = Enlargement and institutional changes | url = http://www.euireland.ie/news/enlargement/0304/institutionalchanges.htm | archive-url = https://web.archive.org/web/20051224071154/http://www.euireland.ie/news/enlargement/0304/institutionalchanges.htm | archive-date = 24 December 2005 | access-date = 29 June 2009 | date = 16 March 2004 | publisher = The European Commission Representation in Ireland }}<br>''For context, subsections of this document are entitled "The European Commission", "The Council of the European Union" and "European Parliament".''

{{Council of the European Union}}

{{DEFAULTSORT:Voting in the Council of the European Union}} [[Category:Council of the European Union]] [[Category:European Union legislative procedure]]