EU Commission: Composition, Appointment, and Role

The European Commission

Composition and Appointment

The European Commission is the body representing the common interest of the whole European Union. It is an institution independent of the Member States, responsible for centrally managing the common affairs of the EU. Its functions are regulated in Article 17 of the Treaty on European Union (TEU) and Articles 244 onwards of the Treaty on the Functioning of the European Union (TFEU).

Article 17.1 TEU requires the Commission to promote the general interest of the Union and take appropriate initiatives to that end.

Composition

The Commission is a collegiate body consisting of as many Commissioners as there are Member States, specifically one national from each Member State. This includes the President of the Commission and the EU High Representative for Foreign Affairs, who also serves as the Commission's Vice-President.

Although each Commissioner is a national of a Member State, they do not represent their state but are independent. Note: There were plans to reduce the number of Commissioners from 2014 onwards.

Appointment

According to Article 17.3 TEU, members of the Commission are chosen based on their general competence and European commitment from among persons whose independence is beyond doubt.

The Commission is elected for a five-year term under the following procedure:

1. Following European Parliament elections, the European Council, acting by qualified majority, proposes a candidate for President of the Commission.
2. This candidate must be approved by the European Parliament.
3. The elected President, in consultation with Member State governments, proposes the other Commissioners.
4. This proposal, including the designated Vice-President for Foreign Affairs, must be approved by a qualified majority in the Council.
5. The proposed Commission then presents its program to the European Parliament.
6. The European Parliament must approve the Commission by a majority vote.
7. Once approved, the European Council, again acting by qualified majority, formally appoints the Commission.

This procedure is designed to ensure the Commission's independence.

Statute of the Commission and its Members

The Commission is a collegiate and permanent body. Appointed for five years, it is an independent institution that works in the common interest of the Community.

Commissioners can only be dismissed by the Court of Justice, either due to disability or serious misconduct. This ensures that other organs cannot dismiss them.

To further guarantee independence:

• States are prohibited from giving any orders to Commissioners.
• Commissioners are prohibited from holding any other office in their respective states.
• Commissioners must exercise integrity and discretion in accepting functions or benefits during or after their term.

These provisions are regulated in Article 245 TFEU.

Decisions and agreements are made by an absolute majority, and the Commission is collectively accountable for these agreements.

The Presidency and Internal Organization

The President of the Commission is considered "primus inter pares" (first among equals), a role that somewhat breaks with the principle of collegiality. Article 17.6 TEU outlines the President's responsibilities, which include setting the political orientation of the Commission's work and deciding on its internal organization to ensure consistency and effectiveness. Therefore, the President has a position of authority over other members.

The President has powers in the appointment process, as they divide responsibilities among Commissioners at the beginning of the term. The President's most significant power is the ability to request a member of the Commission to resign.

While the Commission is a collegiate body, it distributes its activities among the various Commissioners by sector (e.g., agriculture, transport), similar to a ministerial distribution. The Commission has its own rules of procedure. Less relevant matters on the agenda can be resolved in writing, allowing more time for oral discussion of more important topics. The President, through their guidance, also plays a role in preparing the agenda and selecting the topics to be discussed.