Concept and Function of the European Commission
Die European Commission (commonly referred to as the Commission or EU Commission) is the central executive body of the European Union (EU) and assumes the role of administration and political leadership. The Commission is both the initiator of legislative acts and the guardian of treaties and protector of Union interests. As such, it possesses extensive powers under Union law, which it exercises in close coordination with other EU institutions.
Legal Foundations of the European Commission
Primary Union Law
The legal foundations of the European Commission are primarily found in the Treaty on European Union (TEU) and in the Treaty on the Functioning of the European Union (TFEU). Important provisions in particular include Articles 17-19 TEU and Articles 244-250 TFEU. These regulate the composition, tasks, appointment procedures, and powers of the Commission.
Secondary Law Provisions
The primary Union law is supplemented by various regulations and decisions that further define the working methods, organization, and internal administration of the European Commission.
Structure and Composition of the European Commission
Number of Members and Appointment
The Commission consists of a number of members equal to the number of Member States, with each Member State providing one Commissioner. The term of office of the Commission is five years.
The appointment procedure is as follows:
- The European Council, in agreement with the European Parliament, proposes the designated President of the Commission.
- The Member States, in consultation with the designated President, nominate the members of the Commission.
- The European Parliament votes on the College of Commissioners.
- After the Parliament’s approval, the Commission is appointed by the European Council.
The President can allocate portfolios, request Commission members to resign, and is responsible for the overall leadership of the Commission.
Independence and Official Conduct
According to Article 17(3) TEU, the members of the Commission are required to act entirely independently and exclusively in the interest of the Union. During their term of office, they may not take instructions from governments or any other bodies.
Tasks and Responsibilities of the European Commission
Right of Initiative for Legislation
The Commission has the exclusive right of initiative for proposals for EU legal acts (Art. 17(2) TEU). It submits proposals for directives, regulations, and decisions to the European Parliament and the Council of the European Union. Exceptions exist only in a few legally regulated areas, where other bodies also share the right of initiative.
Monitoring the Compliance with Union Law
As the “guardian of the Treaties” (Art. 17(1) TEU), the Commission monitors the application of Union law in the Member States. It can initiate infringement proceedings against Member States (Art. 258 et seq. TFEU).
Administration and Implementation
The Commission is responsible for the implementation and management of the EU budget (Art. 317 TFEU), monitoring compliance with competition rules (Art. 101 et seq. TFEU), and the administration of various other policy areas such as agriculture, energy, or regional development.
External Representation
Pursuant to Art. 17(1) TEU, the Commission represents the EU externally, except where expressly reserved for the European Council or the High Representative for Foreign Affairs and Security Policy.
Legal Oversight and Accountability
Oversight by the European Parliament
The European Parliament exercises political oversight over the Commission. It can force the Commission to resign through a vote of no confidence (Art. 234 TFEU). The Commission is obliged to report to Parliament.
Oversight by the Court of Justice of the European Union
Acts and omissions of the Commission may be challenged before the Court of Justice of the European Union through actions for annulment, failure to act, and infringement proceedings (Art. 263, 265, 258 et seq. TFEU).
Functioning and Organization of the European Commission
Collegial Principle and Allocation of Portfolios
The Commission operates according to the collegial principle. Decisions are generally taken by the entirety of the Commission members. The Commission’s rules of procedure govern the decision-making process and organization.
To manage its affairs, the Commission is divided into Directorates-General. Each Directorate-General is responsible for a policy area and is supervised by a member of the Commission.
Principle of Subsidiarity and Proportionality
When adopting measures, the Commission observes the subsidiarity principle (Art. 5(3) TEU) and the proportionality principle (Art. 5(4) TEU) to protect the interests of the Member States and the limits of Union competencies.
Special Features and Legal Remedies
Legal Remedies against Decisions of the Commission
Decisions of the Commission – particularly in competition law or in the context of state aid procedures – can be challenged before the Court of Justice of the European Union by affected companies and Member States in accordance with Art. 263 TFEU.
Award of Funding and Powers in Economic Policy
The Commission awards EU funding through various programs and funds, coordinates the economic policy of the Member States, monitors budgetary discipline, and publishes reports on economic developments.
Summary and Importance in the European Constitutional Framework
The European Commission is the central executive body of the European Union with extensive and diverse powers anchored at different levels of Union law. As an institution, it stands at the core of the EU’s political, legal, and administrative activity. Its work is detailed in law and subject to various control mechanisms, giving it a key position in the Union’s institutional system.
Frequently Asked Questions
What is the legal status of the European Commission within the institutional framework of the European Union?
The European Commission is, according to the EU Treaties—especially the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU)—a central body of the EU. It represents the executive branch of the Union and holds the exclusive right of initiative for legislation. Legally, the Commission acts within the competencies conferred upon it by the EU Treaties and is obliged to uphold EU law and implement the Treaties. The Commission acts independently of the Member States and must not seek or accept instructions from governments (Art. 17(3) TEU). Nevertheless, its composition is determined by the Member States pursuant to Art. 17(4) TEU, and its members must be confirmed by the European Parliament. Legally, it is important to emphasize that it acts as the guardian of the Treaties, pursues violations of Union law, and monitors compliance with Community law (Art. 17(1) TEU in conjunction with Art. 258 TFEU).
What legal powers does the European Commission have in the field of legislation?
Under Art. 17(2) TEU, the Commission has the sole right of initiative for legislative proposals—the so-called right of initiative—unless otherwise provided for in the Treaties. It prepares legislative drafts, which are submitted to the Council of the European Union and the European Parliament for adoption. In certain cases (e.g., in the field of Common Foreign and Security Policy), the Commission, the Member States, and the High Representative share these powers. Legally, the Commission is bound by the Treaties and must not exceed its competence in its proposals. It must seek opinions (e.g., from expert bodies) and carry out impact assessments as part of legislative preparation to ensure the lawfulness and appropriateness of its proposals.
On what legal basis does the European Commission monitor Member States’ compliance with Union law?
The so-called infringement procedure is governed by Articles 258-260 TFEU. The Commission is obliged to ensure the application of the Treaties and of measures adopted by the institutions of the Union, supported by the governments of the Member States. If a Member State infringes Union law, the Commission, after a phase of informal consultations and a formal notice, may initiate proceedings before the European Court of Justice. The Court then decides whether an infringement exists, and in the event of non-compliance with its judgments, may impose financial sanctions. The legal basis and the procedure are detailed in the articles mentioned as well as in supplementary procedural rules.
What role does the European Commission play in the adoption of delegated acts?
Delegated acts are governed by Art. 290 TFEU. In this context, the Commission is expressly empowered by Parliament and the Council to adopt acts of general application to supplement or amend certain non-essential elements of a legislative act. The mandate must precisely define the objectives, content, scope, and duration. The European Commission is obliged to ensure transparency and opportunities for participation by Parliament and the Council throughout the process, both of which may revoke the delegation or object to the act. The conditions for these acts and their oversight are specified in the respective basic legal acts and in general institutional agreements.
What legal powers does the European Commission have under competition law?
In the field of competition law (Art. 101-109 TFEU), the Commission exercises a particularly intensive role. It can investigate, uncover, and decide on violations of EU antitrust law, such as collusion between companies or abuse of a dominant position. The Commission may, in the course of investigations, order searches, request information, and has the power to impose fines on companies. Its decisions are directly challengeable and subject to review by the General Court and the Court of Justice of the EU. The relevant procedures and powers are detailed in Regulation (EC) No 1/2003 and other legal acts.
To what extent is the European Commission legally accountable?
The Commission is subject to comprehensive legal oversight by other Union institutions, in particular by the European Parliament, which can pass a vote of no confidence (Art. 17(8) TEU, Art. 234 TFEU). In addition, its decisions can be reviewed for legality by the General Court/ECJ (Art. 263 et seq. TFEU). The Commission must submit accountability reports, is obliged to transparency (including via the Official Journal, registers, and reports), and is liable for unlawful conduct towards third parties under Art. 340 TFEU. Internal and external audit bodies, such as the European Court of Auditors, also monitor the legality and appropriateness of its expenditure.
