The European Commission: Structure, Roles, and Powers

Posted on Mar 26, 2025 in International Relations

The European Commission

Composition

Commissioners

  • Consists of 27 Commissioners, typically one per Member State (MS).
  • Serve five-year terms.
  • Must act independently of Member State interests, responding to the interests of the Union as a whole and accountable to the European Court of Justice (ECJ).
  • Members are nominated by their respective Member State governments (represented in the Council of the European Union) and the entire College of Commissioners must be approved as a body by the European Parliament.

The President

  • Proposed by the European Council (acting by Qualified Majority Voting – QMV) and elected by the European Parliament.
  • Competences include:
    • Appointing other Commissioners in agreement with the Council.
    • Deciding the Commission’s internal organisation (allocating portfolios/dossiers).
    • Possessing the power to dismiss Commissioners (though this has never happened).
    • Providing political guidance and setting the EU’s political agenda.
    • Leading on specific chosen issues.
    • Representing the Commission internationally.
  • The President holds significant power, particularly in structuring the Commission, assigning responsibilities, and setting its political direction.

Directorates-General (DGs)

  • The administrative departments of the Commission, similar to ministries in national governments (forming the Commission’s bureaucracy).
  • Organised into groups covering: policies, external relations, general services, and internal services (including legal services).
  • Staff are duty-bound to the Commission as an institution, not to individual Commissioners.
  • Lack of integration and cohesion between DGs can sometimes be an endemic problem.

Cabinets

  • The personal offices of the Commissioners, acting as a link between them and the Directorates-General.
  • Staffed by advisors (civil servants and temporary staff) who act as informants, gatekeepers, and prepare the Commissioners’ meetings.

Conclusion: The Commission operates as a collegiate body, meaning it adopts decisions collectively. This structure, requiring collaboration (e.g., potentially involving multiple Commissioners and DGs for a single law), relates to ensuring a balance of power and democratic accountability within the EU framework.

Powers (Article 17(1) TEU)

The Commission promotes the general interest of the European Union and acts as the ‘Guardian of the Treaties’.

  • It has the power to pursue legal action (infringement proceedings) against other EU institutions, Member States, and companies for breaching EU law.
  • It oversees all Member States to ensure they comply with EU law in practice.
  • Citizens have the power to bring potential breaches of EU law to the Commission’s attention.
  • National courts must apply EU law.
  • Member States also have reporting obligations to the Commission.
  • Executes the EU budget and manages EU programmes.
  • Ensures the Union’s external representation, without prejudice to the role of the High Representative of the Union for Foreign Affairs and Security Policy (HR/VP) regarding foreign policy.

Agenda-Setting

  • Possesses wide powers to initiate the policy process:
    • Decides the annual legislative programme (Work Programme).
    • Holds a near-monopoly over the right of legislative initiative in most policy fields.
    • Has the power of financial initiative (proposing the EU budget).
  • The Commission’s work is influenced by political factors. Many proposals stem from Treaty obligations, the need for updates, or requests from Member State governments, other EU institutions, and economic operators.
  • Limits on agenda-setting power include:
    • The European Council sets multi-annual strategic priorities.
    • The Council of the EU adopts rotating six-month presidency programmes influencing the legislative timetable.
    • The Council (Art. 241 TFEU) and Parliament (Art. 225 TFEU) can request the Commission to submit legislative proposals.
    • The European Citizens’ Initiative allows citizens to call on the Commission to propose legislation.

Legislative and Quasi-Legislative Powers

  • Direct legislative powers (limited) exist in specific areas, such as:
    • Ensuring public undertakings comply with Treaty competition rules (Article 106(3) TFEU).
    • Defining rights for EU nationals to remain in another Member State after having worked there (Article 45(3)(d) TFEU).
  • Quasi-legislative powers (Delegated Acts – Article 290 TFEU): The Council and Parliament can delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. This delegation is widespread, particularly concerning expenditure-authorizing legislation and internal market procedures. Control is maintained by the Parliament and Council.

Executive Powers (Implementing Acts – Article 291 TFEU)

  • Collects the EU’s revenue.
  • Oversees and coordinates a large part of EU expenditure.
  • Is responsible for administering EU aid to non-EU countries.
  • Adopts implementing acts where uniform conditions for implementing legally binding Union acts are needed. This power is generally exercised under the control of committees consisting of Member State representatives (‘Comitology’).