[skissane]

> The press release follows an urgent meeting from the Council. The Council is the reunion of all the EU heads of state. They have already agreed to the ban. The sentence you are quoting just means that they now have to pass the corresponding executive orders in their respective countries which, as you are rightfully pointing, has already been done by France.

That's not what the quoted sentence ("calls on the Council to adopt the necessary measures to ban overflight of EU airspace by Belarusian airlines and prevent access to EU airports of flights operated by such airlines") means. The quoted sentence is the European Council calling on the Council of the European Union to act. The two bodies are distinct despite their very similar names. In the European Council, the member states are represented by their heads of state or government; in the Council of the European Union, the member states are represented by lower-ranked government ministers (finance ministers, foreign ministers, agriculture ministers, transport ministers, etc). The European Council sets the political direction, but (with rare exception) lacks legislative powers. So here the European Council is calling on the Council of the European Union to enact legislation. Of course the Council of the European Union is going to do what the European Council says. But the Council of the European Union needs to wait for the Commission's lawyers to draft the legislation, etc.

The Council of the European Union actually has legislative powers in this area. Based on the wording of the European Council conclusions, I think we can expect formal legislation from the Council of the European Union to enforce the ban. That doesn't stop the member states from acting themselves (under emergency powers they retain) before the ban has formally passed at the EU level. And of course the member states have to enforce the ban, and the EU has only limited recourse if member states refuse (in many but not all cases, the Commission can take the member state to the European Court of Justice). But I doubt that's going to be an issue here, I think there is a clear political consensus in this case.

[simonh]

Yes France has already implemented this decision, without any involvement from the Council of the European Union.

[skissane]

To be horribly pedantic about it, they haven't actually implemented the decision because the decision hasn't formally been enacted yet. (Decision is actually a technical term in European Union law – EU legislative acts can be classified as directives, regulations, decisions, or recommendations. I'm not sure in this case what type of legislative instrument they are going to use – it could be either a regulation or a decision, it won't be a directive or a recommendation.)

They've just decided to do the same thing independently while they wait.

[hungryforcodes]

Yes, definitely pedantic.