What TFEU or other EU law provision provides for the veto power of any head of state or government in the European Council?

Question

Simple question, I am looking for the law citation.

Answer 1

What TFEU or other EU law provision provides for the veto power of a head of state in the European Council?

Terminology:

• European Council
  • is composed mainly of the national leaders (heads of state [4] or government [23]) of the 27 member states.

  The European Council’s role is to provide the impetus, general political directions and priorities for the EU’s development (Article 15 of the Treaty on European Union — TEU), ...
  ...
  It does not carry out any legislative function. However, it defines the strategic guidelines for legislative and operational planning within the area of freedom, security and justice (Article 68 TFEU).

• Council of the European Union (simply called ‘the Council’)
  • sometimes also called: Council of Ministers

  The Council meets in 10 configurations, bringing together the relevant ministers from the Member States
  ...
  The Council, together with the European Parliament, carries out legislative and budgetary functions. It is also the lead institution for decision-making on the common foreign and security policy (CFSP). Member States coordinate their economic policies within the Council.

  • when they can't agree, then it is often referred to the European Council
• Qualified majority

Under the ordinary legislative procedure, the Council acts by Qualified majority, in codecision with the Parliament.

• Unanimity
  • is the term that is used (not veto)

  Unanimity, where all EU Member States have to agree, is one of the voting rules applicable to the Council. The Council has to vote unanimously on a number of policy areas which the Member States consider to be sensitive.
  The policy areas where the Council acts unanimously are exhaustively listed by the Treaties.

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For both the ‘the Council' and the 'European Council', Qualified majority is the default and Unanimity the exception.

The cases of Unanimity are mostly meantioned (using that term) within an Article sub-paragraph and lists the sub-paragraphs that are effected.

A major exception is Article 238(2), where only Foreign Affairs and Security Policy is listed.

I have added a link of those cases that I could find below.

Assume the list is not compleate.

Notes:

• The Treaty on the Functioning of the European Union (TFEU) is the main source where the Unanimities are being defined.
• The abbreviation 'TEU' is used for the original 1992 article numbers or when the number has not changed, otherwise 'TFEU' is used.

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Sources:

• European Union institutions
  • European Parliament
    • summary
  • European Council
    • Rules of Procedure
    • Qualified majority
    • Unanimity

    A limited number of policy areas considered to be sensitive remain subject to unanimity voting:

    • taxation;
      • Article 223(2) TFEU
    • social security or social protection;
      • Article 153(2) TFEU
    • the accession of new EU Member States;
      • not found
    • Common Foreign and Security Policy (CFSP), including Common Security and Defence Policy (CSDP)
      • Article 46(6) TFEU
    • operational police cooperation between Member States
      • Article 87(3) TFEU

  • Council of the European Union (simply called ‘the Council’)
    • sometimes also called: Council of Ministers
    • summary: Article 16 (TEU) and 237-243 (TFEU)

    Voting:

    • For certain sensitive matters, such as foreign policy and taxation, the Council decides by unanimity.
      • Article 238(2) TFEU

  • European Commission
    • summary
  • Court of Justice of the European Union
  • European Central Bank
    • summary
  • Court of Auditors
    • summary
• European Union Treaties
  • Lisbon Treaty, 2007/9
  • Treaty on the Functioning of the European Union (TFEU)
    • Treaty on European Union (TEU), 1992
      • renamed 2007
    • Treaty on the Functioning of the European Union of 13 December 2007 — consolidated version
      • Article 16 TEU

      4. As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.
         A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.
         The other arrangements governing the qualified majority are laid down in Article 238(2) of the Treaty on the Functioning of the European Union.

      • Article 46 TFEU
      • Article 87 TFEU
      • Article 153 TFEU
      • Article 223 TFEU
      • Article 235 TFEU

      1. ...
         ...
         Abstentions by members present in person or represented shall not prevent the adoption by the European Council of acts which require unanimity.

      • Article 238 TFEU

      2. By way of derogation from Article 16(4) of the Treaty on European Union, as from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council, representing Member States comprising at least 65 % of the population of the Union. ...
      3. Abstentions by Members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.