I) Accountability of the European Council
Article 10 TEU:
1.
The functioning of the Union shall be founded on representative democracy.
2.
Citizens are directly represented at Union level in the European Parliament.
Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.
Article 48 TFEU:
1. The Treaties may be amended in accordance with an ordinary revision procedure. They may also be amended in accordance with simplified revision procedures.
Ordinary
revision procedure
2. The Government of any Member State, the European
Parliament or the Commission may submit to the Council proposals for the
amendment of the Treaties. These proposals may, inter alia, serve either to
increase or to reduce the competences conferred on the Union in the Treaties.
These proposals shall be submitted to the European Council by the Council and
the national Parliaments shall be notified.
3. If the European Council, after consulting the European
Parliament and the Commission, adopts by a simple majority a decision in favour
of examining the proposed amendments, the President of the European Council
shall convene a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member
States, of the European Parliament and of the Commission. The ECB shall also be
consulted in the case of institutional changes in the monetary area. The
Convention shall examine the proposals for amendments and shall adopt by
consensus a recommendation to a conference of representatives of the
governments of the Member States as provided for in paragraph 4.
The European Council may decide by a simple majority,
after obtaining the consent of the European Parliament, not to convene a
Convention should this not be justified by the extent of the proposed
amendments. In the latter case, the European Council shall define the terms of
reference for a conference of representatives of the governments of the Member
States.
The amendments shall enter into force after being
ratified by all the Member States in accordance with their respective
constitutional requirements.
5. If, two years after the signature of a treaty amending
the Treaties, four fifths of the Member States have ratified it and one or more
Member States have encountered difficulties in proceeding with ratification,
the matter shall be referred to the European Council.
Simplified
revision procedures
6. The Government of any Member State, the European
Parliament or the Commission may submit to the European Council proposals for
revising all or part of the provisions of Part Three of the TFEU relating to
the internal policies and action of the EU.
The European Council may adopt a decision amending all or
part of the provisions of Part Three of the TFEU. The European Council shall
act by unanimity after consulting the European Parliament and the Commission,
and the ECB in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
The decision referred to in the second subparagraph shall
not increase the competences conferred on the EU in the Treaties.
7. Where the TFEU or Title V of the TEU provides for the
Council to act by unanimity in a given area or case, the European Council may
adopt a decision authorising the Council to act by a qualified majority in that
area or in that case. This subparagraph shall not apply to decisions with
military implications or those in the area of defence.
Where the TFEU provides for legislative acts to be
adopted by the Council in accordance with a special legislative procedure, the
European Council may adopt a decision allowing for the adoption of such acts in
accordance with the ordinary legislative procedure.
Any initiative taken by the European Council on the basis
of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its
opposition within six months of the date of such notification, the decision
referred to in the first or the second subparagraph shall not be adopted. In
the absence of opposition, the European Council may adopt the decision.
For the adoption of the decisions referred to in the
first and second subparagraphs, the European Council shall act by unanimity
after obtaining the consent of the European Parliament, which shall be given by
a majority of its component members.