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Berlaymont, the Commission's seat

The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. It operates in the method of cabinet government, with 27 "Commissioners", one for each country of the EU, led by a Commission President (currently José Manuel Barroso). The present Commission, known after its President as the "Barroso Commission" took office in late 2004 and is serving a five-year term. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union.[1]

The term "Commission" can mean either the college of Commissioners mentioned above, or the larger institution; including the administrative body of about 25,000 European civil servants who are divided into departments called Directorates-General. It is primarily based in the Berlaymont building of Brussels and its internal working languages are English, French and German.[1]

History

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Main article: History of the European Commission

The first Commission originated in 1951 as the nine-member "High Authority". The Authority was the supranational administrative executive of the new European Coal and Steel Community (ECSC). In 1958 the Treaties of Rome established two new communities along side the ECSC: the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). Both these two communities had an executive like the ECSC, although it used the new name of "Commission". The three bodies co-existed until 1 July 1967 where, by means of the Merger Treaty, they were combined into a single administration under President Jean Rey. Rey is recognised as the second President, the first being the President of the EEC's Commission, Walter Hallstein. This combined body was called the "Commission of the European Communities".[2]

One of the most successful Commissioners was that headed by Jacques Delors (the Delors Commission), with later Presidents failing to meet the same success.[3] However the body did see expansions in its powers, with some in the media dubbing President Prodi as the "Prime Minister of Europe" following the Amsterdam Treaty.[4][5] The Commission has also come under greater control of the European Parliament, aiding its legitimacy; in 1999, pressure and threats from the Parliament forced the resignation of the Santer Commission[6] and in 2004, José Manuel Barroso was forced to reshuffle his Commission proposals due to opposition from many MEPs.[7]

Powers and functions

Incumbent President Barroso

The Commission was set up from the start to act as an independent supranational authority separate from governments, it has been described as "the only body paid to think European".[8] The members are proposed by their state governments, one from each, however they are bound to act independently — neutral from other influences such as those governments which appointed them. This is in contrast to the Council, which represents governments, and the Parliament, which represents citizens.[1]

Executive power of the Union is held by the Council, it confers on the Commission such powers for it to exercise. However the Council may withdraw these powers, exercising them directly, or impose conditions on their use.[9][10] Powers are outlined in Articles 211–219 of the EC treaty[11] and are more restricted than most national executives, in part due to the Commission's lack of power over areas like foreign policy — that power is held by the European Council, which some analysis have described as another executive.[12] Considering that under the Reform Treaty the European Council would become a formal institution with the power of appointing the Commission, it could be said that the two bodies hold the executive power of the Union (the European Council also holds individual national executive powers). However, it is the Commission which currently holds executive powers over the European Community.[13][12] The governmental powers of the Commission have been such that some such as former Belgian Prime Minister Guy Verhofstadt have suggested changing its name to the "European Government", calling the present name of commission: "ridiculous".[14]

The Commission differs from the other institutions in that it alone has legislative initiative over the European Community, meaning only the Commission can make formal proposals for legislation — bills cannot originate in the legislative branch. It shares this right with the Council over the CFSP pillar, and has no right over Police and Judicial Co-operation in Criminal Matters. In the Community however, Council and Parliament are able to request legislation; in most cases the Commission initiates the basis of these proposals, this monopoly is designed to ensure coordinated and coherent drafting of Union law.[15][16] This monopoly has been challenged by some who claim the Parliament should also have the right, with most national parliaments holding the right in some respects.[17] Under the Reform Treaty, EU citizens would also be able to request the Commission to legislate in an area via a petition carrying one million signatures, but it would not be binding.[18]

Once legislation is passed, it is the Commission's responsibility to ensure it is implemented. It does this through the member states or through the its agencies. In adopting the necessary technical measures, the Commission is assisted by committees made up of representatives of member states (a process known in jargon as "comitology").[19] Furthermore, the Commission is responsible for the implementation of the EU budget; ensuring, along with the Court of Auditors, that EU funds are correctly spent. In particular the Commission has a duty to ensure the treaties and law are upheld, potentially by taking member states or other institutions to the Court of Justice in a dispute. In this role it is known informally as the "guardian of the treaties".[20] Finally, the Commission provides some external representation for the Union, along side the member states and the Common Foreign and Security Policy, representing the Union in bodies such as the World Trade Organisation. It is also usual for the President to attend meetings of the G8.[21]

College

Floor 13 of the Berlaymont, Commission's meeting room

The President of the Commission is first nominated by the European Council; that nominee is then officially elected by the European Parliament. The candidate selected by the Council has often been, but is not by definition, a leading national politician. In 2004, the proposed Constitution had included a provision that the choice of President must take into account the latest Parliamentary elections. That provision was not in force in the nomination in 2004, but the centre-right parties of the EU pressured for a candidate from their own ranks. In the end, a right-wing candidate was chosen: José Manuel Barroso of the European People's Party.[22] There are further criteria influencing the choice of the Council, these include: which area of Europe the candidate comes from, favoured as Southern Europe in 2004; the candidate's political influence, credible yet not overpowering members; language, proficiency in French considered necessary by France; and degree of integration, their state being a member of both the eurozone and the Schengen Agreement.[23][24][25] In 2004, this system produced a number of candidates[26] and was thus criticised by some MEPs: following the drawn-out selection, the ALDE group leader described the procedure as a "Justus Lipsius carpet market" producing only the "lowest common denominator"; while Green-EFA co-leader Daniel Cohn-Bendit asked Barroso after his first speech "If you are the best candidate, why were you not the first?"[27][28]

Following their appointment, the President appoints a number of Vice-Presidents among the Commissioners. At present there are five, with Margot Wallström as the current "First" Vice President. For the most part, the position grants little extra power to Vice-Presidents, except the first Vice-President who stands in for the President when he is away. The Commission is composed of a 27-member college of "Commissioners", this is including the President and vice-presidents. Even though each member is appointed by a national government, one per state, they do not represent their state in the Commission. One proposed, the President delegates portfolios between each of the members, they must then a whole be approved by the Parliament before they can take office.[1] The present Commission, the Barroso Commission, took office in late 2004 after being delayed by objections from the Parliament which forced a reshuffle. In 2007 the Commission increased from 25 to 27 members with the accession of Romania and Bulgaria who each appointed their own Commissioners. With the increasing size of the Commission, President Barroso has adopted a more Presidential style of control over the college, which has earned him some criticism.[29] Furthermore, there has also been a greater degree of politicisation within the Commission, being welcomed by Commissioner Wallström as necessary for citizens' engagement in European affairs.[30]

Organisation

Press Room in the Berlaymont

The Commission is primarily based in Brussels, with the Presidents office and the Commission's meeting room are based on the 13th floor of the Berlaymont building. The Commission also operates out of numerous other buildings in Brussels and Luxembourg.[1][31] The Commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries. Each covers a specific policy area or service such as External relations or Translation and is headed by Director-General who is responsible to a Commissioner. A Commissioner's portfolio can be supported by numerous DGs, they prepare proposals for them and if approved by a majority of Commissioners it goes forward to Parliament and Council for consideration.[32][1]

According to figures published by the Commission, 23,043 persons were employed by the Commission as officials and temporary agents in April 2007. In addition to these, 9019 "external staff" (e.g. Contractual agents, detached national experts, young experts etc) were employed. The single largest DG is the Directorate-General for Translation, with a 2186-strong staff, while the largest group by nationality is Belgian (21.4 %), probably due to a majority (16,626) of staff being based in the country.[33] The Commission's civil service is headed by a Secretary General, currently Catherine Day.[8]

Communication with the press is handled by the Directorate-General Communication. The Commission's chief spokesperson is Johannes Laitenberger who takes the midday press briefings, commonly known as the "Midday Presser". It takes place every weekday in the Commission's press room at the Berlaymont where journalists may ask questions of Commission officials on any topic and legitimately expect to get an "on the record" answer for live TV. Such a situation is unique in the world.[34] There is a greater number of press corps in Brussels than Washington D.C.; media outlets in every Union member-state have a Brussels correspondent.[35]

Legitimacy

It is argued by some that the method of appointment for the Commission increases the democratic deficit in the European Union.[36][37] While the Commission is the executive branch, the candidates are chosen primarily by the 27 national governments, meaning it is hard for the Commission to be thrown out directly by the voters. The legitimacy of the Commission is mainly drawn from the vote of approval that is required from the Parliament along with Parliament's power to sack the body, however there has been less than 50% turnout in the Parliament's elections since 1999. While higher than some national elections, including the US Congress, the fact that there are no direct elections to the Commission President like in the US makes the post less legitimate in the eyes of the public.[38] A further problem is the lack of a coherent electorate, even though democratic structures and methods are developing there is not such a mirror in creating a European civil society.[39] The new Reform Treaty could go some way to resolving the deficit in creating greater democratic controls on the Commission, including enshrining the procedure of linking elections to the selection of the Commission president.[40] Under the plans of Vice President Wallström, European political parties would gain greater prominence and could lead to the Commission President being elected via the Parliament's elections.[41]

The alternative viewpoint on the Commission states that the policy areas in which it has power to initiate legislation are ill suited to an institution accountable to electoral pressures. In this respect the Commission has been compared with institutions such as independent Central Banks which deal with technical areas of policy that are of little electoral salience. In addition some defenders of the Commission point out that legislation must be approved by the Council in all areas (the ministers of member states) and the European Parliament in some areas before it can be adopted, thus the amount of legislation which is adopted in any one country without the approval of its government is limited.[42]

Future of the Commission

The proposed Reform Treaty, the details of which were agreed in June 2007, largely retains the reforms outlined in the rejected Constitutional Treaty.[43] The constitution's reforms proposed a number of changes, notably the number of Commissioners would be reduced; from 2014 only two out of three member-states would have the right to representation. The representation would be rotated equally between all states and no state would have more than two in any single Commission. The Commission would also include the new High Representative of the Union for Foreign Affairs and Security Policy, as one of the Vice Presidents, replacing the External Relations Commissioner. The High Representative would have been called the "Union Foreign Minister" – the first time a member of the Commission held the common national title of "Minister". In the appointment of the Commission, the most recent European elections would have to be taken into account. It is thought this would create a stronger link between the elections and the Commission, however the President would still be proposed by the Council. Although when the Parliament votes on the Commission, the treaty changes the term "approve" to "elect" in referring to the vote: it is unknown yet if this will produce practical change.[44]

See also

References

  1. ^ a b c d e f "Institutions of the EU: The European Commission". Europa (web portal). Retrieved 2007-06-18.
  2. ^ "European Commission". European NAvigator. Retrieved 2007-06-18.
  3. ^ "The new Commission - some initial thoughts". Burson-Marsteller. 2004. Retrieved 2007-06-17.
  4. ^ James, Barry (1999-04-16). "Prodi to Have Wide, New Powers as Head of the European Commission". International Herald Tribune. Retrieved 2007-06-17. {{cite web}}: Check date values in: |date= (help)
  5. ^ Rossant, John (1999-09-27). "Commentary: Romano Prodi: Europe's First Prime Minister? (int'l edition)". Business Week. Retrieved 2007-06-17. {{cite web}}: Check date values in: |date= (help)
  6. ^ Topan, Angelina (2002-09-30). "The resignation of the Santer-Commission: the impact of 'trust' and 'reputation'" (PDF). European Integration Online Papers. Retrieved 2007-06-12. {{cite web}}: Check date values in: |date= (help)
  7. ^ Tobais, Troll (2004-11-02). ""We have to democratise procedures"". Café Babel. Retrieved 2007-06-12. {{cite web}}: Check date values in: |date= (help)
  8. ^ a b "Interview with European Commission Secretary-General Catherine Day". EurActiv. 2006-09-25. Retrieved 2007-06-17. {{cite web}}: Check date values in: |date= (help)
  9. ^ "Executive body". European NAvigator. Retrieved 2007-06-18.
  10. ^ "Implementing powers of the Council of the European Union". European NAvigator. Retrieved 2007-06-18.
  11. ^ "Consolidated version of the Treaty Establishing the European Community". Europa (web portal). Retrieved 2007-06-17.
  12. ^ a b Stark, Christine (2002-09-04). "Evolution of the European Council: The implications of a permanent seat" (PDF). Dragoman. Retrieved 2007-07-10. {{cite web}}: Check date values in: |date= (help)
  13. ^ Bermann, George (2004). "Executive Power in the New European Constitution" (PDF). New York University. Retrieved 2006-06-18.
  14. ^ Verhofstadt, Guy (2006). The United States of Europe. London: Federal Trust. p. 69. ISBN 1-903403-86-3.
  15. ^ "Glossary: Right of initiative". Europa (web portal). Retrieved 2007-06-18.
  16. ^ "The Commission's right of initiative" (PDF). Council of the European Union. Retrieved 2007-06-18.
  17. ^ Murray, Alasdair (2002-09-30). "Reform not or languish later". Centre for European Reform. Retrieved 2007-06-18. {{cite web}}: Check date values in: |date= (help)
  18. ^ Wallis, Diana; Picard, Severine. "The Citizens' Right of Initiative in the European Constitution: A Second Chance for Democracy". Retrieved 2007-06-18.
  19. ^ "Glossary: Comitology". Europa (web portal). Retrieved 2007-06-18.
  20. ^ "The European Commission". Europa (web portal). Retrieved 2007-06-18.
  21. ^ "The European Commission". Europa (web portal). Retrieved 2007-06-18.
  22. ^ "Choosing a New EU Commission President". Deutsche Welle]. 2004-06-16. Retrieved 2007-08-27. {{cite web}}: Check date values in: |date= (help)
  23. ^ Fuller, Thimas (2004-06-30). "Portuguese premier wants to unite bloc : Barroso nominated to head EU executive". International Herald Tribune. Retrieved 2007-07-01. {{cite web}}: Check date values in: |date= (help)
  24. ^ Stuart, Paul (2004-07-21). "Portugal's Prime Minister Barroso nominated as European Commission president". World Socialist Web Site. Retrieved 2007-07-01. {{cite web}}: Check date values in: |date= (help)
  25. ^ "José Manuel Durão Barroso: The New Commission President". Grayling. 2004. Retrieved 2007-07-01.
  26. ^ "Commission president: Key candidates". BBC News. 2004-06-27. Retrieved 2007-07-01. {{cite web}}: Check date values in: |date= (help)
  27. ^ Cohn-Bendit, Daniel (2004). "Nomination of Commission President handled "in a most unsatisfactory way"". European Parliament. Retrieved 2007-07-01.
  28. ^ Watson, Graham (2004-07-21). "Statement by the President-designate of the Commission". Graham Watson MEP website. Retrieved 2007-07-01. {{cite web}}: Check date values in: |date= (help)
  29. ^ Beunderman, Mark (2007-02-22). "EU commission sees civil servants' power grow". EU Observer. Retrieved 2007-02-27. {{cite web}}: Check date values in: |date= (help)
  30. ^ Mahony, Honor (2007-05-07). "Brussels struggles with communication policy". EU Observer. Retrieved 2007-05-12. {{cite web}}: Check date values in: |date= (help)
  31. ^ Castle, Stephen (2004-08-05). "After 13 years of hold-ups and incompetence, the EU's 'Berlaymonster' rises like a phoenix". The Independent. Retrieved 2007-06-18. {{cite web}}: Check date values in: |date= (help)
  32. ^ "Eurojargon". Europa (web portal). Retrieved 2007-06-18.
  33. ^ "Civil Service: Staff figures". Europa (web portal). Retrieved 2007-06-18.
  34. ^ Lynam, Joe (2007-04-01). "The peculiar world of the European Union". BBC News. Retrieved 2007-06-17. {{cite web}}: Check date values in: |date= (help)
  35. ^ Parker, John (January - February 2007). "A tale of two cities". E!Sharp magazine. Encompass Publications: 42–44. {{cite journal}}: Check date values in: |date= (help)
  36. ^ Mulvey, Stephan (2003-11-21). "The EU's democratic challenge". BBC News. Retrieved 2007-08-27. {{cite web}}: Check date values in: |date= (help)
  37. ^ "Democratic deficit". Europa (web portal). Retrieved 2007-08-27.
  38. ^ Mulvey, Stephen (2003-11-21). "The EU's democratic challenge". BBC News. Retrieved 2007-06-17. {{cite web}}: Check date values in: |date= (help)
  39. ^ Lamming, Richard (2004-09-10). "The democratic credentials of the new European Union: does the Constitution increase the EU's democratic legitimacy?". Federal Union. Retrieved 2007-06-17. {{cite web}}: Check date values in: |date= (help)
  40. ^ "Glossary: Democratic deficit". Europa (web portal). Retrieved 2007-06-18.
  41. ^ Mahony, Honor (2007-06-27). "European politics to get more political". EU Observer. Retrieved 2007-06-27. {{cite web}}: Check date values in: |date= (help)
  42. ^ Majone, Giandomenico (2002). "Perils of Parliamentarization". Governance. 15 (3): 375. {{cite journal}}: Cite has empty unknown parameters: |quotes=, |coauthors=, and |month= (help)
  43. ^ Council of the European Union (2007-06-20). "Brussels European Council 21/22 June 2007: Presidency Conclusions" (PDF). Retrieved 2007-06-22. {{cite web}}: Check date values in: |date= (help)
  44. ^ "The Union's institutions: Commission". Europa (web portal). Retrieved 2007-07-06.

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