5Since 2015, when the Members of the European Union experienced an unprecedented6increase in arrival of asylum seekers, refugees and migrants, the European Council has 7become an increasingly central actor in the decision-making process with regard to 8asylum and migration.
10This role was openly expressed at the October 2017 European Council, where it was11underlined that "the European Council will seek to reach a consensus during the first half 12of 2018" with regard to the revision of the Common European Asylum System. At the 13June 2018 European Council, it was again agreed upon that "A consensus needs to be 14found on the Dublin Regulation to reform it based on a balance of responsibility and 15solidarity".
17Legally, such approach is not in line with the rules set by the Lisbon Treaty. According to18the Treaty, the European Council provides the EU with the necessary impetus for its 19development and defines the general political directions and priorities thereof. The Treaty 20does not confer any legislative power to the European Council or the possibility to 21interfere with the institutional balance and the voting rules set in the Treaty. In this sense, 22asylum and migration policies are included in the area of freedom, security and justice. 23Such area is subject to the ordinary legislative procedure, where the European 24Commission has the power to propose new legislation and where the European 25Parliament and the Council of Ministers codecide. In this regard, the European Parliament 26decides with simple majority and the Council of Ministers qualified majority voting.
28Politically, consensus voting in a polarized area such as asylum and migration is likely to29either reach a weak and unambitious agreement or to block the decision-making process 30through veto. This was the case in the 18 October European Council, where a vague and 31unambitious agreement on migration was produced after the Italian government's threat 32to veto all agreements.
37The wording and approach entailing that reform within the field of asylum and migration is38subject to the unanimity rule within the European Council is problematic for both legal and 39political reasons.
41The Lisbon treaty attributes the European Council the role of an impetus and not of an42obstacle for further European integration.
44The European Council has an important function as an agenda-setting institution aiming45at providing the union with the necessary impetus for its development.
49Migration and asylum policies to henceforth be subject to the ordinary legislative50procedure as set in the Lisbon Treaty.
52The European Council to stop appropriating competences that are not conferred to it by53the Lisbon Treaty.
55The Commission, Parliament and Council of Ministers, i.e the institutions invested with56the legislative power, shall also address this issue.
58The European Council to stop being an obstacle for further European integration and59instead be an impetus for further development as prescribed in the Lisbon Treaty.
Attention: This is a preview! The official text is printed in the proposal book for Spring Congress 05. - 07. April 2019.