EU Commission: Powers, Functions, and Duties
Appointment and Removal
Under the rules amended by the Lisbon Treaty, the Commission President is proposed by qualified majority voting by the European Council. The European Parliament must approve the proposal by a majority vote. Such proposals and appointments usually go through unopposed. The High Representative, who will automatically be one of the Vice-Presidents of the Commission, is appointed by QMV of the European Council. The Commission President Elect further nominates the other Commissioners, who are subject en-block to the approval of the European Parliament, but are then formally appointed by the European Council.
The term of office for all Commissioners is a renewable period of five years. There are seven Vice-Presidents in the Junker Commission. The number of Vice-Presidents is no longer specified by the Treaty. The Commission can be removed by a vote of censure by the European Parliament, but only collectively. The old Commission stays in office until the replacement Commission is appointed. The High Representative is only required to resign as a Commissioner. The en-block removal is a blunt instrument if the objection is to the activities of only one Commissioner. There is, though, the procedure under art. 247 TFEU for the Court of Justice, on an application of the council or the Commission, to retire a Commissioner compulsorily for serious misconduct or if he or she no longer fulfils the conditions required for the performance of his or her duties. The Lisbon Treaty provides that a member of the Commission shall resign if the Commission President so requests.
Tasks and Duties
Article 17 TEU contains a general view of the duties of the Commission – that is, that it shall promote the general interest of the Union and take appropriate initiatives to that end.
Duties and Functions:
- It must ensure that the provisions of the treaties and the measures taken by the institutions under them are applied. It is given the task of prosecuting breaches of the treaty by member states.
- It formulates and proposes legislative initiatives on matters dealt with in the treaties, if it expressively so provides or if the Commission considers it necessary.
- The Commission has limited powers of independent decision-making by participation in the shaping of measures taken by the Council of Ministers and by the European Parliament in the manner provided for in the treaties.
- It has powers under the delegate legislation procedure conferred on it by the Council of Ministers and European Parliament subject to the possibility of a veto or an approval procedure by the Council or European Parliament.
- The Commission also manages the Union´s annual budget.
- The Commission also has powers and duties in representing the EU externally.
The Commission is regarded as the most supranational institution of the EU, due largely to its independence from direct national influences. The Commission can decide matters collectively by a majority. Commission activity is most pronounced in the field of competition policy and in the management of the CAP and CCP, because of the high degree of day-to-day decision-making necessary. It is also very much involved in representing the Union in international organizations and in concluding international agreements on behalf of the Union.
The European Commission has its headquarters in Brussels, Belgium, and some services also in Luxembourg. The Commission has representations in all EU Member States and 139 delegations across the globe.