Legal Regulation of the Relationship between the European Council and the European Commission

Abstract

This article investigates the legal relationship between the European Council and the European Commission, two central institutions of the European Union (EU), from a constitutional and institutional law perspective. While the Commission acts as the EU's executive body, the European Council provides strategic guidance and political impetus. The Treaty of Lisbon clarified their distinct mandates, yet overlaps in practice—especially in crisis contexts—have blurred the lines between political leadership and executive autonomy.

The paper systematically examines how EU primary law (Treaty on European Union and Treaty on the Functioning of the European Union) regulates this relationship. It addresses the division of competences, institutional cooperation, and legal constraints that ensure the Commission's independence while recognizing the political dominance of the European Council. Key case law from the Court of Justice of the European Union (CJEU) is analyzed to evaluate legal boundaries and institutional tensions.

Furthermore, the article discusses inter-institutional agreements, the European Council’s evolving role in nominating the Commission President, and the impact of global crises on their functional interaction. By exploring both legal doctrine and political practice, this research offers a comprehensive understanding of how the EU balances technocratic governance with democratic legitimacy, ultimately arguing for clearer normative boundaries and enhanced accountability.