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European Commission

Last modified: Thu Feb 23 16:37:37 2006

The Commission is the body that represents the interests of the EuropeanCommunities (now EuropeanUnion) is the process of legislation and decision making within Europe. In contrast, the CouncilOfTheEU represents the interests of the member states. Art. 211 (ex 155) of the ECTreaty charges the Commission with ensuring that the provisions of the Treaty, and any EULegislation made under Treaty powers, is carried out.

At present, there are 20 commissioners, each of which has responsibility for a particular policy area. Each member state has at least one commissioner, some have two. It is anticipated that if the Union is enlarged as expected, there will be too many member states for each to have a commissioner, and that member states will have to select commissioners in rotation. Although commissioners are generally politicians before nomination, they are expected to be completely politically independent after selection, and be non-partisan with respect to their own member states. During their five-year terms of office, commissioners are expected to eschew all other forms of occupation, paid or unpaid - something that many feel should be enforced in the UK Parliament (see: Sleaze).

The EU treaties give the Commission a leading role in the development of policy and the introduction of legislation. In nearly all policy areas, it is the Commission that is expected to propose new legislation for adoption by the Council of the EU and the EuropeanParliament (EP). The Commission can act on a request from the Council or the EP, or on its own initiative. The Commission monitors the member states for proper compliance with their obligations under the treaties, and is empowered to bring them before the ECJ. Strictly speaking, the Commission has no power to pass legislation in its own right. However, it has been held that it may have implied powers to issue binding decisions (see GermanyVCommission1987).

Commissioners are not directly elected, but are appointed by member states, a fact which has caused considerable disquiet over the years. The commission controls a vast budget, and has enormous influence. Although the Commission does not, in principle, legislate directly, it is responsible for the drafting of most legislation. These facts have led to concern that there is a `democratic deficit' within the EU. In theory, the Commission is accountable to the EP, and Commissioners are expected to respond to questions from the EP. The EP has the power to remove the Commission en bloc, if such a move is supported by two-thirds of its members. This power has never been exercised, but the Commission did resign as a body in 1999 amid rumours of corruption and misappropriation.

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