EU law chapter 2 part 1 Flashcards
name the 7 institutions of the EU
1) the council of ministers 2) the commission 3) the european parliament 4) the european council 5) the european economic and social committee 6) european central bank 7) committee of the regions
discuss the commission
The council fulfills the role of an executive administration for the union and was given the sole right as the prosper of legislation. This makes the commission more powerful than a straightforward civil service bureaucracy. It is able to formulate policy within the parameters of the agreed areas
contained in the treaties and to make proposals for legislation to realize this.
Discuss the powers of the commission
The commission also has its own powers of decision-making and is able to exercise powers and enact delegated and implementing legislation under powers provided by the council of ministers and European Parliament (Articles 290 and 291 TFEU).
what is the role of the commission in the European Union?
Although not presented first in the treaties, the commission is a much more visible institution in the eyes of the public and, as initiator of legislation, is a good place to start a tour of the institutions.
discuss the composition of the commission
The composition, tasks, and functions of the commission are determined by articles 17 TEU and 244-250 TEU.
what was discussed during the nice treaty and the 2004 accession negotiation?
It was agreed during the Nice Treaty and 2004 accession negotiation discussions for Bulgaria and Romania that numbers of commissioners should be reduced to 2/3’s of member states. Although article 17(5) TEU still formally commits to this reduction of the number of commissioners from 2014, the guarantees given to Ireland to encourage it to hold a new referendum on the Lisbon Treaty in 2009 reinstated the principles of one commissioner per state.
what does article 17 TEU say? what does article 244 TFEU say?
Article 17(5) does empower the European Council acting unanimously, to alter that number, and article 244 TFEU provides detail of how the reduced number of commissioners will be decided.
what is required under article 17(3) of the TEU?
The commissioners, although nominated representatives of the member states, are required under articles 17(3) TEU and 245 TFEU to be completely independent in the performance of their duties and neither take nor seek instructions from any government or any other body.
What else does article 17(3) state?
Article 17(3) TEU also states that the members of the commission shall be chosen on the ground of their general competence and European commitment.
How many people work in the commission?
The commission is assisted by about 23,000 staff working directly in the commission directorates, and whilst this sounds a high number, the union asserts that this is fewer than most medium-sized city councils in Europe.
Why are the numbers of workers so low ?
Part of the reason for the much lower numbers in the EU is that most of the work covered or generated by EU legislation is in fact carried out by the national agencies, particularly in respect of the common Agricultural Policy.
How is the commission appointed?
1) The first part of the process of appointing a new commission is that the commission president is considered and then proposed by qualified majority voting (QMV) by the European Council, after consultations and taking into account the elections to the EP under article 17(1) TEU.
How is the commission appointed?
2) He or she is then subject to approval. 3) The commission president-elect and the member states in the council
then jointly propose the other commissioners, with the exception of the high representative of the union for foreign affairs and security policy, who is selected and appointed independently by the European Council (article 18(1) TEU), but who is simultaneously a commission vice-president (article 18(4) TEU).
How is the commission appointed?
Finally, The Commission is then subject to the consent of an EP en bloc and then formally appointed by the European Council.
Does all commissioners have to be approved by the commission?
No, The commission president-designate Barroso decided not to submit the commission for approval for fear of a probate rejection of the entire commission.
What did Barroso do?
He reshuffled the proposed commission, without the original
Italian nomination, which was then approved by the EP and appointed by the council.
What happened in 2014?
In 2014, each of the commissioners designated were questioned by the EP about the portfolio they had been proposed for.
Did any nominees get rejected? yes, the hungarian and slovenian nominees…….
The Hungarian nominee was not approved for the portfolio
originally proposed but was accepted for a different one.
The Slovenian nominee, however, was rejected wholly on political rather than legal grounds and a new nominee has to be proposed and approved.
Did any nominees get rejected? yes, the hungarian and slovenian nominees…….
The Hungarian nominee was not approved for the portfolio
originally proposed but was accepted for a different one.
The Slovenian nominee, however, was rejected wholly on political rather than legal grounds and a new nominee has to be proposed and approved.
How is the High Representative appointed?
The High Representative is appointed by the European Council by QMV with the agreement of the commission president. This position is special and unique because the appointee is automatically a vice-president of the commission and also presides over the foreign affairs council in conducting the union’s foreign and security policies.
how long is the term of office?
The term of office for all commissioners is for a renewable period of 5 years. (Article 17(3) TEU).
How many vice presidents are there?
There is 8 vice presidents in the Ursula von der Leyen Commission, whose office will run from 2019 to 2024. The number of vice-presidents is no longer specified by the treaty (article 17(6) TEU).
Can the commission be removed?
Yes, the commission can be removed by a vote of censure by the EP, but only collectively (article 17(8)).
What is the procedure for removal of the commission?
Article 247 TFEU for the CJEU, on an application of the council and by simple majority of the commission compulsorily to retire a
commissioner for serious misconduct, or where he or she no longer fulfils the conditions required for the performance of his/her duties.
What is the procedure for the resignation of the commission?
In article 17(6), a member of the commission shall resign if requested to do so by the president.
Was there ever a vote of censure?
No, but Censure of the entire commission was threatened in 1999 following a damning report of an independent committee of experts appointed by the EP that exposed serious fraud, cronyism, and incompetence on the part of individual commissioners.
