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European Commission: Composition, Competences, and Functions - Prof. Covadonga, Apuntes de Derecho de la Unión Europea

Universidad Complutense de Madrid (UCM)Derecho de la Unión Europea
Prof. Ferrer Covadonga

An overview of the european commission, its composition, competences, and functions within the eu institutional system. It covers the selection process of commissioners, their responsibilities, and the role of the european council in appointing and dismissing them. The document also discusses the commission's power of initiative, budgetary procedures, implementing powers, and its role as the 'guardian of the treaties'.

Tipo: Apuntes

2018/2019

Subido el 24/01/2019

2211-17
2211-17 🇪🇸

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EU Institutional System: European Commission!
Communitarian Law!
3. EU INSTITUTIONAL SYSTEM III: THE EUROPEAN COMMISSION
I. NATURE
Set up in the ’50, by the Treaties that established the European Communities.!
Is an institution of the European Union!
Is Independent of National Governments.!
Represents and defends the interests of the Union.!
Is a single and collegial body.!
II. COMPOSITION
Members of the Commission are chosen on the ground of their general competence and European commitment from
persons whose independence is beyond doubt.!
They cannot seek or take instructions from any Government or other institution, body, office or entity.!
They must to refrain from any action incompatible with their duties or the performance of their tasks.!
Member States shall respect their independence and not try to influence them on the performance of 3 their tasks.!
Members of the Commission cannot engage in any other occupation, whether gainful or not, during their mandate.!
During their mandate, and even when it has ended, they must commit to respect the obligations of their position and, in
particular, the duties of integrity and discretion regarding the acceptance, once their mandate has finished, of certain
functions or benefits.!
LisbonTreaty
•The first Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014;
one national of each Member State, including its President and the High Representative of the Union for Foreign
Affairs and Security Policy (art. 17.4 TEU).!
•From 1 November 2014; reduction to 2/3 of the number of members and establishment of a system of equal
rotation between member States (art. 17.5 TEU).!
The European Council, acting unanimously, can decide to alter that number (before: the Council) (art. 17.5 TEU).!
The members of the Commission shall be chosen on the basis of a system of strictly equal rotation between member
States.!
The system shall be established by theEuropean Council (through a decision), acting unanimously and according to the
following principles (art. 244 TFEU):!
•Strictly equal rotation between member States (regarding the sequence of and the time spent by their nationals as
commissioners)!
•The composition of the Commission shall reflect satisfactorily the demographic and geographical range of all the
member States.!
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Communitarian Law

3. EU INSTITUTIONAL SYSTEM III: THE EUROPEAN COMMISSION

I. NATURE

Set up in the ’50, by the Treaties that established the European Communities. Is an institution of the European Union Is Independent of National Governments. Represents and defends the interests of the Union. Is a single and collegial body.

II. COMPOSITION

Members of the Commission are chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt. They cannot seek or take instructions from any Government or other institution, body, office or entity. They must to refrain from any action incompatible with their duties or the performance of their tasks. Member States shall respect their independence and not try to influence them on the performance of 3 their tasks. Members of the Commission cannot engage in any other occupation, whether gainful or not, during their mandate. During their mandate, and even when it has ended, they must commit to respect the obligations of their position and, in particular, the duties of integrity and discretion regarding the acceptance, once their mandate has finished, of certain functions or benefits. LisbonTreaty

  • The first Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014; one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy (art. 17.4 TEU).
  • From 1 November 2014; reduction to 2/3 of the number of members and establishment of a system of equal rotation between member States (art. 17.5 TEU). The European Council, acting unanimously, can decide to alter that number (before: the Council) (art. 17.5 TEU). The members of the Commission shall be chosen on the basis of a system of strictly equal rotation between member States. The system shall be established by theEuropean Council (through a decision), acting unanimously and according to the following principles (art. 244 TFEU):
  • Strictly equal rotation between member States (regarding the sequence of and the time spent by their nationals as commissioners)
  • The composition of the Commission shall reflect satisfactorily the demographic and geographical range of all the member States.

Communitarian Law Delay of the entry into force of the Lisbon Treaty (due to Irish referendum)forced to delay the appointment of the new Commission, remaining the previous one in office, because if not the provisions of the Nice Treaty would have had to be applied and reduced the number of commissioners. The European Council agreed that, provided the Lisbon Treaty entered into force, a decision would be taken to the effect that the Commission continue to include one national of each member State. Compromise to maintain in the future one national per member State. 2 October 2012; the European Council adopted the decision. It agrees to review the Decision, in view of its effect on the functioning of the Commission, in sufficient time in advance of either the appointment of the first Commission following the date of accession of the 30th Member State or the appointment of the Commission succeeding that due to take up its duties on 1 November 2014, whichever is earlier. Therefore, at present the Commission consist of one national of each Member State. New European Commission; since November 2014. New President: Jean-Claude Junker.

III. APPOINTMENT AND DISMISSAL

Every 5 years a new Commission is appointed, in a six-month deadline after the European Parliament elections. Procedure that has two stages:

  • Appointment of the President
  • Appointment of the college of commissaries. In the procedure intervenes the European Council, the Council and the European Parliament. Art. 17.7 TEU.

Communitarian Law Members of the Commission also has to resign if the President demands them to do it (before, it was necessary that the rest of the commissioners approve14 it) The High Representative also has to resign if the President requires he or she to do it; the procedure that has to be followed in this case is the one set up in art. 18 TEU: the European Council puts an end to the mandate by qualified majority with the approval of the Commission’s President. The decisions are adopted collectively and belongs to the whole body, therefore all the members of the Commission are accountable collectively for the decisions. Principle of collective (or collegial) accountability.

IV. ORGANIZATION AND OPERATION

Seat:

  • Brussels
  • Offices in Luxembourg
  • A representation in the capital of each Member State
  • Delegations in capitals around the world. Principles that guides its operation:

1. Principle of self-organization

The Commission has competence to self-organise, following its own criteria. It establishes its own rules of procedure. Organization of its works:

  • The President allocates the sectors of its activity among the members.
  • The Commission meets once a week, convened by the President.
  • Each item of the agenda is presented by the commissioner responsible of the concerned area, and the college adopts a collective decision.
  • Decisions are adopted collectively and are decisions of the whole body.
  • If there is not a consensus, the decisions are adopted by the majority of its members. The results of the vote are not public.
  • The personnel of the Commission is organized in:
    • (^) Directorates General (DG): each of the is responsible of a specific area (e.g: Budget).
    • (^) Services: legal services, general secretariat...
  • The General Secretariat is responsible for the coordination (ensuring the overall coherence of the Commission’s work), manage the weekly meetings, etc.

Communitarian Law

  • The DG are the ones that in practice conceive and prepare the legislative proposals of the Commission, but these proposals only become official once they are adopted by the college of commissioners in their weekly meeting. The Commission holds extensive consultations, to gather information from national administrations and parliaments, as well as from professional and trade union organizations. For technical issues, it can also consult experts, that meet in committees or working groups organized by the Commission. The Commission attends to the EP meetings, to clarify, explain and justify its proposals. Remember; the Commission’s proposal is send to the Council and the EP for its adoption. 20

2. Principle of collegiality

Governs all Commission’s activities. Commission’s decisions express the will of the whole body. They are discussed collectively and all Commission members have collective responsibility, in terms of policy, for all decisions taken by the Commission. Even the ones that voted against. “The principle of collegiality is based on the equality of Commission members”

V. COMPETENCES

Art. 17 TEU:

  • Promote the general interest of the Union and take appropriate initiatives to that end.
  • Ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them.
  • Oversee the application of Union law under the control of the Court of Justice of the European Union.
  • Execute the budget and manage programs.
  • Exercise coordinating, executive and management functions, as laid down in the Treaties.
  • With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union's external representation.
  • Initiate the Union's annual and multi annual programming with a view to achieving inter institutional agreements. Therefore, the Commission have the following competences:
  • Power of initiative.
  • Executive body.
  • Oversees the application of Union Law, control that is exercised over:
  • (^) Member States
  • (^) Private parties

Communitarian Law The general power to implement Union acts corresponds to Member States (art. 291 TFEU) The Commission have implementing powers in certain cases. It can adopt non-legislative acts. Implementing powers can be conferred to the Commission A. By the Treaties: e.g.: implementing the budget (Article 317 TFEU); authorizing the Member States to take safeguard measures laid down in the Treaties, particularly during transitional periods (e.g. Article 201 TFEU); etc. B. By delegation:

  • Delegation by the Council and the EP: they can delegate, through a legislative act, to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act. (art. 290 TFEU).
  • By Member States: when uniform conditions for implementing legally binding Union acts are needed, Member States can confer implementing powers on the Commission (or to the Council in duly justified cases and in the cases provided in arts. 24 and 26 TEU) (art. 291 TFEU). - (^) Member States can control the Commission’s exercise of these implementing powers. - (^) The Council keeps a residual implementing power: in the cases where the Treaties confers that power to it (mainly in CFSP), or in duly justified cases. Executes and manages the Union’s budget. It is responsible of the public spending and of the administration of the Union’s resources (e.g.: customs duties) Manages the Union’s policies (CAP) Manages the Union’s programs (Erasmus)

3. Power to monitor the implementation of EU Law

The Commission is the “guardian of the Treaties”:

  • It monitors that the Treaties themselves, and any decisions taken to implement them (secondary legislation), are properly enforced.
  • It carries out this control over Member States and private parties. Control over Member States: The Commission has competence to:
  • Request and collect information from Member States
  • Make any type of verifications
  • Bring an action to the CJEU when a Member State has infringed its obligations Member States have the duty to cooperate with the Commission Citizens can also inform the Commission about any non-compliance by a Member State.

Communitarian Law If the Commission identifies an infringement by a Member State, it can:

  • Send a recommendation (inviting the Member State to adopt a determined action) or an opinion (expressing its position regarding the infringement)
  • Adopt a decision or a directive
  • Open an infringement procedure, that has two stages: a pre-litigation and a litigation one.