What is the EU? | The European Union | Topics | Institutions | Activities |
The Commission
The European Commission is one of the most important of the EU institutions. Along with the Council and the Parliament, it makes things happen. The Commission makes new rules on behalf of EU countries, enforces those rules and also runs a lot of the day-to-day activities of the EU. They do the sort of thing that is almost not noticed – for example organising all the translations into various EU country languages. Someone has to do it!
The Commission is run by the Commissioners helped by a large organisation of specialists and adminstrators. There is a President of the Commission.
The term ‘Commission’ is used for the entire organisation but also for the ‘college of Commissioners’ as well, which is all the Commissioners together.
The Commissioners
The Commissioners – The European Commission is led by the President of the Commission and all of the other Commissioners working together. Each one is nominated by his or her country and it is considered a great honour. Their term of office is five years
The European Commission is led by the President of the Commission and all of the other Commissioners working together. The President has a lot of influence, he can ask a Commissioner to resign.
Each one is nominated by his or her country and it is considered a great honour. Their term of office is five years.
As soon as someone becomes a Commissioner they are expected to act on behalf of all the EU countries and citizens, not just their own. This is a very important part of being a Commissioner.
“The members of the Commission shall, in the general interest of the Community, be completely independent in their duties..they shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties. Each Member State undertakes to respect this principle and not to seek to influence the members of the Commission” (article 213).
How Many are there?
There is a commissioner for each EU Country. Currently there are 28 Commissioners.
Each Commissioner is in charge of a particular part of the Commission, these are called Directorates-General. Each one has a different job to do in a particular policy area, for example environment, transport or agriculture. This is called a ‘Portfolio’. The President of the Commission decides who get which portfolio.
The Commissioners are helped by their ‘Cabinets‘ or offices and a series of Committees.
Appointing a Commissioner
Very often the Commissioners have had a great deal of political experience in their own countries and are then chosen by their governments and put forward as a candidate. This is called a nomination.
These nominations must be approved by the European Parliament. If not they don’t get the job!
The DGs
The Directorates Generale of the European Commission. There are currently 38 DGs in the European Commission and each one has its own Commissioner. These are the most important departments and each one concentrates on a particular area of policy – agriculture, transport or environment for example.
The Directorates Generale of the European Commission
There are currently 38 DGs in the European Commission and each one has its own Commissioner. These are the most important departments and each one concentrates on a particular area of policy – agriculture, transport or environment for example.
There are also a further 10 services shared out among the commissioners, these are generally administrative areas like the translation service.
A Commissioner in charge of an important DG would have just that one to run and concentrate on that alone.
Some of the most important Directorates General are:
DG Agriculture and Rural Development (AGRI)
DG Environment (ENV)
DG Mobility and Transport (MOVE)
DG Economic and Financial Affairs (ECFIN)
DG Health and Consumers (SANCO)
DG Competition (COMP)
There are many more – see here to go to the online list of all the DGs
Making new Laws
The Commission can make certain kinds of EU laws. It also has the job of proposing new laws. There must be careful consultation with all the people affected as well. The most important type of law that the Commission makes is a Directive.
It is the Commission that proposes new laws. That is it is the job of the commission to write the draft and to prepare all the legal documents. It can also make a suggestion. Other Institutions in the EU can also make suggestions, but these then go to the Commission to be completed.
Consultation
Whenever a new law or rule is proposed it must be considered carefully to make sure it will work and to make sure it does what is intended. There are also a great many people who will be affected by a new EU rule or law so these people are invited to have their say. This is called the consultation process, and the way they can have their say is by making a submission to the European Commission about the new proposal.
There are a huge variety of people interested in making a submission, some are individuals but many are organisations – charities for example. Others may be from business, industry, farming or scientific organisations. Anyone who is affected is entitled to be heard.
The Commission can make certain kinds of EU Laws
Decisions – this is a rule or law which is very specific, generally made for a particular company or country. They become the law immediately.
Regulations – these are directed to everyone in the EU and become the law immediately. A good example would be a new safety standard.
Directives – these are the most complicated ones. In the case of a Directive a new standard or rule is agreed but then the EU countries have a few years to bring it into national law.
The Directive describes a desired result or outcome, but exactly how this is to be achieved is left up to each individual EU country. This is to allow for a variety of local conditions. It can also take time to reach new standards.
A deadline is set and must be met. If this does not happen it is called ‘an infraction’ and the Commission has the power to enforce the Directive.
Guardian of the Treaties
Because of its role in enforcing the rules of the EU the Commission is often called ‘The Guardian of the Treaties’. It makes sure that countries and companies in the EU follow the rules.
There are many detailed rules, laws and agreements between countries in the EU. Many of these come directly from the treaties. It is the job of the Commission to make sure that everyone is following these rules and – just as important – that everyone follows them the same way in each country. The Commission also protects the Internal Market.
Protecting against Cartels and Monopolies
One of the most important roles of the Commission is to make sure that companies don’t make secret agreements to keep prices high, or any similar sort of illegal action. If the Commission suspects that this is happening, it can send investigators into the company offices to find out, and it can fine a company that is found guilty. This gives the Commission quite a lot of power!!
EU Countries
The Commission will also follow up to make sure that the Directives are being followed in each country – if not this is called ‘an infringment’.
Types of infringements:
Non-notification – This means the directive has been made law in a country (called transposition into national law) but the government of that country has not yet informed the Commission. Often this is just the result of a big workload and it is a particular problem for small countries which may be short of personnel to do all the necessary work.
Incomplete Transposition and Incorrect Application – in these cases the Directive has been made into national law but not correctly. when this happens it must be corrected.
Usually someone stands to gain from these new rules so they want to see it done right!
Enforcing Commission Rules and Laws
When the commission make a new rule or law it then has the job of making sure that this is followed correctly by EU countries. If a country does not follow the rules and laws made by the commission it has powers to enforce those laws. Usually it turns out to be a case of delay or error and the matter is solved easily. If not the Commission can ask the country to pay a fine.
Infraction Proceeding
If action must be taken this is called an Infraction Proceeding. It is the objective of the Commission to avoid disagreements and usually these are sorted out at an early stage. If all else fails then the Commission can take the offending country to court in the Court of Justice of the European Union.
There are stages to this process and at each stage the problem might be solved and it goes no further.
Letter of Enquiry
The Commission writes to the government of the country asking for information and to find out why the rule or law is not yet part of national law.
Letter of Formal Notice
The Commission writes to the government to complain that the rule or law has not been made part of national law.
Reasoned Opinion
The Commission writes to the government telling them what is the likely outcome if they go to court (most likely to tell them you will lose!).
Referred to the Court of Justice of the European Union.
A legal case is taken against the country at the Court of Justice of the European Union
Where is it?
The European Commission is in Brussels in the Berlaymont Building
Berlaymont Building
Rue de la Loi 200,
1049 Bruxelles
Map – See here