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European Commission

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The European Commission forms part of the executive branch of the European Union. It is one of the Union's three main political Institutions. It is a cabinet government of 27 Commissioners led by a Commission President. The current President is José Manuel Barroso, who leads the Barroso Commission who took office in 2004. It is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union.[1]

Berlaymont, the Commission's seat

The Commission is based in the Berlaymont building in Brussels and is supported by an administrative body of about 23,000 European civil servants divided into departments called Directorate-General. The term "Commission" can either mean the entire administrative body of the Commission or just the college of 27 Commissioners. Its internal working languages are English, French and German.[2]

History

Main article: History of the European Commission

The Commission originated in 1951 with the establishment of the European Coal and Steel Community. Its administrative executive was the 9 member "High Authority", headed by a President. In 1958, with the creation of two new communities, two sister bodies were established under the terms of the Treaties of Rome. These were the Commission of the European Economic Community and the Commission of the European Atomic Energy Community. The former of these two bodies is generally considered as the "direct ancestor" of the modern Commission, rather than the older High Authority, hence the Commission today recognises the EEC's Hallstein Commission as the first European Commission. The three bodies co-existed until 1 July 1967 where, by means of the Merger Treaty, the three bodies were combined into a single administration under President Jean Rey. This body was called the "Commission of the European Communities"[3]. One of the most successful Commissioners was that headed by Jacques Delors (Delors Commission)[4][5]. Although the latter Commissions did not see the same success yet saw an expansion of powers, with the President becoming known as the "Prime Minister of Europe" under Prodi.[6][7]

Powers and functions

The Commission was set up at the start of the Union to act as an independent supranational authority, it has been described as "the only body paid to think European".[8] Although the members come from national governments they are bound to act independently, neutral from other influences. This is in contrast to the Council, which represents governments, and the Parliament, which represents citizens.[9]

Executive power of the Union is held by the Council, representing governments. That power is conferred upon the Commission by the Council and may be withdrawn.[10][11] Powers are outlined in Articles 211-219 of the EC treaty.[12] The Commission is more restricted than most national executives in part due to the lack of the Commission's lack of power over areas like foreign policy, that power is held by the European Council which has been described be some also as an executive. 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 combined hold the executive power of the Union (the European Council also holding individually national executive powers). However the Commission individually currently only holds that powers over the European Community.[13][14] 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" as ridiculous.[15]

 
Incumbent President Barroso

The Commission differs from the other institutions in that over the European Community, it alone as legislative initiative. Meaning that it alone can make formal proposals for legislation, bills cannot originate in the legislative branch. It has some right over the CFSP pillar but no right over Police and Judicial Co-operation in Criminal Matters. How Council and Commission are able to request legislation however, in most cases the Commission initiates on the basis of these proposals. This monopoly is to ensure coordinated and coherent drafting of European law.[16][17] However this has been challenged by some who claim the Parliament should also have the right, with most national parliaments holding the right in some respect.[18] 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.[19]

Once legislation is passed, it is the Commission's responsibility to ensure it is implemented, by member states or through the agencies of the European Union. In adopting the necessary technical measures the Commission is assisted by committees made up of representatives of member states. This process is sometimes known by the jargon term of comitology.[20] It is also 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 is upheld, potentially by taking member states to the Court of Justice. In this role it is known informally as the "guardian of the treaties".[21]

The Commission also provides external representation for the Union. It is responsible for negotiating international trade agreements, such as within the World Trade Organisation. The Presidents of the Commission and Council attend G8 meetings.[22] Under the rejected European Constitution, the new post of High Representative of the Union for Foreign Affairs and Security Policy would have been called the "Union Foreign Minister", the first time a Commissioner would be called a "Minister".[23]

College

 
Floor 13 of the Berlaymont, Commission's meeting room

The Commission President is nominated by the European Council who is then officially elected by the European Parliament. The President is often a leading politician from a member-state. In selecting their nomination the European Council take into account the latest European Elections hence the recent swing to the centre-right has produced the current President, José Manuel Barroso of the European People's Party. However a number of other criteria are followed by various members when considering. For example, geography, political influence, language proficiency (e.g. French), membership in the eurozone and within Schengen.[24][25][26] In 2004, this system produced a number of candidates[27] and was 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". 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?"[28][29]

Following their appointment, the President appoints a number of Vice-Presidents among the Commissioners. There are currently five, including a single "First" Vice-President. They have relatively little extra power through the position beyond their existing portfolio. The current First-Vice-President is Margot Wallström. The Commission is composed of a 26-member college of "Commissioners" (excluding the President). Each one from, but not representing, a member state and holding a specific portfolio delegated from the President. The whole Commission have to be approved by, and can be thrown out by, the Parliament. Each holds a portfolio such as Competition or Enterprise & Industry.[30]

The present Commission, the Barroso Commission, took office in late 2004 after being delayed by objections from the Parliament. In 2007 the Commission increased from 25 to 27 members. With the large size of the Commission, President Barroso has adopted a more Presidential style of control over the college, which has earned him some criticism.[31] There has also been a greater degree of Politicisation within the Commission, being welcomed by Commissioner Wallström as necessary for citizens engagement.[32]

Organisation

The Commission is primarily based in Brussels, in the Berlaymont. The President's office and the Commission's meeting room are based on the 13th floor. The Commission also operates out of numerous other buildings in Brussels and Luxembourg.[33][34]

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. Each DG is headed by Director-General who is responsible to a Commissioner. A Commissioners portfolio can be supported by numerous DGs. DGs prepare proposals and if adopted by a majority of Commissioners when meeting it goes forward to Parliament and Council for consideration.[35][36]

 
Press Room in the Berlaymont

According to figures published by the Commission 23,043 persons were employed by the Commission as officials and temporary agents in April 2007. Additionally 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. The largest group by nationality is Belgian (21.4 %), probably due to a majority (16,626) of staff being based in the country.[37] The Commission's civil service is headed by a Secretary General, currently Catherine Day.[38]

Communication with the press is handled by the Directorate-General Communication. The Commission's spokesperson is Johannes Laitenberger and his two deputy spokespersons are Leonor Ribeiro da Silva and Pia Ahrenkilde Hansen. They take the midday press briefings (aka, the "Midday Presser") which take place every weekday in the Commission's press room at the Berlaymont. At those briefings, journalists can ask can ask European Commission officials absolutely anything they want and legitimately expect to get an "on the record" answer on live TV. Such a situation is unique in the world.[39] There is a greater number of press corps in Brussels than Washington D.C. with media outlets in every Union member-state having a Brussels correspondent.[40]

Legitimacy

It is argued by some that the method of appointment for the Commission increases the democratic deficit in the European Union. While the Commission is the executive branch, the candidate 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.[41] A further problem is the lack of a coherant electorate, as even though democratic structures and methods are developing there is not such a mirror in creating a European civil society.[42] It is seen by some that the new Reform Treaty goes 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.[43] 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.[44]

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.[45]

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.[46] Under the constitution's reforms, most notably force a reduction in the number of Commissioners. From 2014, only two out of three member-states would have the right to representation, with this representation being rotated equally between all states and a maximum of two Commissioners per state 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.[47]

The Constitution also enshrines the new convention of taking into account the most recent European elections when appointing the Commission President, creating a stronger link between the citizens and the Commission. The President is still proposed by the Council although when the decision goes to the Parliament the term "elect" is used rather than "approve". Whether this symbolic move will produce practical change is unknown. The treaty extends the Commission's control over initiating and reaffirms existing functions and conventions. For example; executive, budget and representative functions as well as independence and collective responsibility.[47]

See also

References

  1. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  2. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  3. ^ European NAvigator. "European Commission". Retrieved 2007-06-18.
  4. ^ Merritt, Giles (1992-01-21). "A Bit More Delors Could Revamp the Commission". International Herald Tribune. Retrieved 2007-06-17.
  5. ^ Burson-Marsteller (2004). "The new Commission - some initial thoughts". Retrieved 2007-06-17.
  6. ^ James, Barry (1999-04-16). "Prodi to Have Wide, New Powers as Head of the European Commission". International Herald Tribune. Retrieved 2007-06-17.
  7. ^ Rossant, John (1999-09-27). "Commentary: Romano Prodi: Europe's First Prime Minister? (int'l edition)". Business Week. Retrieved 2007-06-17.
  8. ^ EurActiv (2006-09-25). "Interview with European Commission Secretary-General Catherine Day". Retrieved 2007-06-17.
  9. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  10. ^ European NAvigator. "Executive body". Retrieved 2007-06-18.
  11. ^ European NAvigator. "Implementing powers of the Council of the European Union". Retrieved 2007-06-18.
  12. ^ Europa: Eur-lex. "Consolidated version of the Treaty Establishing the European Community". Retrieved 2007-06-17.
  13. ^ Bermann, George (2004). "Executive Power in the New European Constitution" (PDF). Retrieved 2006-06-18.
  14. ^ Stark, Christine (2002-09-04). "Evolution of the European Council: The implications of a permanent seat" (PDF). Retrieved 2006-06-18.
  15. ^ Verhofstadt, Guy (2006). The United States of Europe. London: Federal Trust. p. 69. ISBN 1-903403-86-3.
  16. ^ Europa website. "Glossary: Right of initiative". Retrieved 2007-06-18.
  17. ^ Council website. "The Commission's right of initiative" (PDF). Retrieved 2007-06-18.
  18. ^ Murray, Alasdair (2002-09-30). "Reform not or languish later". Retrieved 2007-06-18.
  19. ^ Wallis, Diana; Picard, Severine. "The Citizens' Right of Initiative in the European Constitution: A Second Chance for Democracy". Retrieved 2007-06-18.
  20. ^ Europa website. "Glossary: Comitology". Retrieved 2007-06-18.
  21. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  22. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  23. ^ Europa website. "Constitution for Europe: The Minister for Foreign Affairs". Retrieved 2007-06-18.
  24. ^ Fuller, Thimas (2004). "Portuguese premier wants to unite bloc : Barroso nominated to head EU executive". International Herald Tribune. Retrieved 2007-07-01.
  25. ^ Stuart, Paul (2004). "Portugal's Prime Minister Barroso nominated as European Commission president". World Socialist Web Site. Retrieved 2007-07-01.
  26. ^ "José Manuel Durão Barroso: The New Commission President". Grayling. 2004. Retrieved 2007-07-01.
  27. ^ "Commission president: Key candidates". BBC News. 2004. Retrieved 2007-07-01.
  28. ^ Cohn-Bendit, Daniel (2004). "Nomination of Commission President handled "in a most unsatisfactory way"". European Parliament. Retrieved 2007-07-01.
  29. ^ Watson, Graham (2004). "Statement by the President-designate of the Commission". Graham Watson MEP website. Retrieved 2007-07-01.
  30. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  31. ^ Beunderman, Mark (2007-02-22). "EU commission sees civil servants' power grow". EU Observer. Retrieved 2007-02-27.
  32. ^ Mahony, Honor (2007-05-07). "Brussels struggles with communication policy". EU Observer. Retrieved 2007-05-12.
  33. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  34. ^ 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.
  35. ^ Europa website. "Eurojargon". Retrieved 2007-06-18.
  36. ^ Europa website. "The European Commission". Retrieved 2007-06-18.
  37. ^ Europa: Civil Service. "Staff figures". Retrieved 2007-06-18.
  38. ^ EurActiv (2006-09-25). "Interview with European Commission Secretary-General Catherine Day". Retrieved 2007-06-17.
  39. ^ Lynam, Joe (2007-04-01). "The peculiar world of the European Union". British Broadcasting Corporation News. Retrieved 2007-06-17.
  40. ^ 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)
  41. ^ Mulvey, Stephen (2003-11-21). "The EU's democratic challenge". British Broadcasting Corporation News. Retrieved 2007-06-17.
  42. ^ 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.
  43. ^ Europa website. "Glossary: Democratic deficit". Retrieved 2007-06-18.
  44. ^ Mahony, Honor (2007-06-27). "European politics to get more political". EU Observer. Retrieved 2007-06-27.
  45. ^ Majone, Giandomenico (2002). "Perils of Parliamentarization". Governance. 15 (3): 375. {{cite journal}}: Cite has empty unknown parameters: |quotes=, |coauthors=, and |month= (help)
  46. ^ Council of the European Union (2007-06-20). "Brussels European Council 21/22 June 2007: Presidency Conclusions" (PDF). Retrieved 2007-06-22.
  47. ^ a b Europa website. "The Union's institutions: Commission". Retrieved 2007-07-06.

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