The Commission

1
The Commission

• A key institution in the EU System

2
The commission

• Appointment and composition
• External relations

3
The College of commissioners

• At the top of the commission Commissioners
• In charge of particular policy areas
• Further to the Nice treaty one commissioner for
  each member state since 2005 27
• N.B. The IGC producing the Lisbon Treaty had
  foreseen to reduce the number of commissioners to
  the equivalent of 2/3 of the number of Member
  states, but this reduction was removed as the
  European Council wishing to persuade the Irish
  voters in their 2nd referendum on the Treaty in
  2009.

4
Appointment procedure (1)

• Before 1993 every four years by common accord of
  the governments of the member states.
• With Maastricht Treaty change of procedure in
  order to strengthen the link between the COM and
  EP
• Obligation for Member states to consult the EP in
  choosing the president and obligation for the
  college-designate to present itself before the EP
  for a vote of confidence.
• EP and COM close alignment five-year term for
  the college of commissioners starting 6 months
  after EP elections ( fixed date  June of
  years).

5
Appointment procedure (2)

• With Amsterdam Treaty
• Confirmation of the EP veto (he had assigned to
  itself over Santer nomination) in the appointment
  of the Commission President.
• Potential veto of the President-designate over
  the national nominees for appointment to college.
• With Nice Treaty Change in the procedure
• Possibility for the European Council to vote by
  qualified majority rather than by consensus in
  the decisions related to the nomination of the
  college commissioners and its president as well
  as on their appointment.

6
Appointment procedure (3)

• With Lisbon Treaty
• The EC, taking into account the EP elections,
  holding the appropriate consultation and acting
  by qualified majority, has to suggest to the EP a
  candidate for the presidency of the COM. This
  candidate shall BE ELECTED BY THE EP by a
  majority of its members. N.B. in case of
  disapproval, the EC shall within one month
  propose another candidate (the same procedure).
• The EC, by common accord with the
  President-elect, shall adopt a list of potential
  commissioners on the basis of Member states
  suggestions. After the consent of the EP, the EC
  shall appoint the COM college.
• One of the Commissioners should perform the new
  function of High Representative of the Union for
  Foreign Affairs and Security policy. The EC,
  with agreement of the Commission President, shall
  appoint the commissioner for the above-mentioned
  function.

7
Impartiality and independance of commissioners

• Not supposed to be national representatives but
  independent
• Shall promote the general interest of the EU
• Shall be chosen on the ground of their general
  competence and European commitment
• Should neither seek nor take instructions from
  any GVT or other insitution, body, office or
  entity.
• ?But in practice full impartiality doesnt exist
  (Just see the way they have been nominated).
  Interpretation of the treaty is quite flexible
  (good thing to carry out their tasks but if they
  push too much their own statesinterests, they
  risk losing credibility and have difficulty in
  managing their tasks (same divisions as those of
  the Council of Ministers).

8
Characteristics of commissioners

• No rules used to be former national politicians
  just short to the top rank but with the
  increasingly importance of the EU, commissioners
  are former (senior) ministers.
• Political balance within the COM reflecting the
  political composition of GVTs in Member States
• Crucially Commissioners should be pro-european
  and should have been never associated to any
  extremist party or any extreme wing of a
  mainstream party.
• Ex. Barroso II College 13 Commissioners of
  Centre-right, 8 liberals and 6 centre-left

9
The COM President

• THE PRESIDENT
• is the most prominent of the commissioners
• is the main representative dealing with EU
  institutions and outside bodies.
• gives the guidelines to his commissioners and
  broadly to the COM as a whole.
• allocates Commissioners portfolios
• May require Commissioners to resign
• Is directly responsible for overseeing some of
  the most important adm. Services (SG.,).
• May take on policy responsibilities of his own
  (usually with other commissioners)

10
Portfolios

• Portfolios particular areas of responsibility
• Fixed portfolios ( competition, budget,
  environment) Varied/created portfolios
• Before Amsterdam Treaty matter of negociation
  and political balance (President was lobbied) but
  this creates problems (Commissioners not assigned
  to the appropriate posts and difficult to move
  forward with Commission work.
• After Amsterdam and following treaties Behalve
  the High representative, the portfolios/resp.
  will be allocated (if necessary reshuffled) by
  the President.

11
Cabinets (1)

• Small team of officials (fellow nationals)
  assisting Commissioners in carrying out their
  duties (team of 6 except for the president 12)
• At least three nationalities and preferably a
  difference in nationality between the Chef de
  cabinet and the deputy chef de cabinet.
• Typically dynamic, hard-working 35-50 years old
  recruited from EU adm., a civil service of a
  Member state, a political party or sectional
  interest with which the COM has links.

12
Cabinets (2)

• Tasks
• Gather information and keep their commissioner
  informed of developments inside and outside
  her/his policy area.
• Liaise with other parts of the COM for different
  purposes (routine matters, building support for
  commissioners policy priorites and shaping
  policy proposals)
• Act as a kind of unofficial advocate/protector in
  the Commission of the interests of their
  Commissioners country.
• Presidents cabinet involved in brokering
  different views and interests amongst
  commissioners and in the COM as a whole in
  ensuring that the COM is clear, coherent,
  cohesive and efficient for further discussion of
  the roles of commissionerscabinets..

13
The COM bureaucracy

• Biggest element of the whole EU adm. Framework
  (in 2008 Commissions staff just under 26.000
  20.000 employed in administration and 6.000 at
  senior policy-making).
• Also, use of temporary staff including national
  officials on secondment and experts contracted
  for specific purposes
• Permanent staff recruited on competitive
  procedure
• Possibility of internal career (internal
  promotion) but sometimes pure meritocratic
  principles are disturbed because of a reasonable
  national balance.

14
External representative and negotiator (1)

• The COM Six roles related to EUs external
  relations
• Centrally involved in determining and conducting
  the EUs external trade relations (formal
  negotiations such as those of the WTO and
  informal negotiations (between EU USA over
  world agricultural trade for ex.).
• Important negotiating and managing
  responsibilities related to special external
  agreements between EU and other countries and
  groups of countries.
• The High Representative and the COM represent the
  EU at, and participate in the work of important
  international organisations (UN, )

15
External representative and negotiator (2)

• Act as a key point of contact between the EU and
  non-member states (over 160 diplomatic missions
  accredited to the EU to keep informed EU 130
  delegations and offices). Since Lisbon Treaty a
  new European External Action Service (EEAS) which
  is in charge of overseas representation.
• Important responsibilities regarding the
  applications for EU Membership (a detailed
  investigation for the Council opinion
  Negotiator with Council guidelines and then
  recommendations to the C.).
• Role related to foreign and defence policies
  mainly supportive and secondary but a significant
  part to play (the High Representative CCOM and
  the effectiveness of CFSP policies depend on the
  use of policy instruments (concerned often with
  trade and development aid managed by the COM).

16
Mediator and conciliator

• Look for common ground for agreements between
  competing interests as EU decision-makin is
  concerned ? need of being cautious and moderate
  with proposals (adjustments and extensions to
  existing policy and preferably presented in a
  technocratic rather than an ideological way
  more acceptable).
• Well-placed to act as mediator and conciliator.
  COM supposed non being partisan (so proposals
  less suspicious) AND secondly in many instances
  simply in the best position to judge which
  proposals are likely to command support (inside
  and outside the Council). The COM is represented
  at virtually every stage and in every forum of
  the EUs decision-making system!! (unlike the
  others).
• However? LIMITATIONS the mediating role can be
  influenced by the competence of its officials.

17
Promoter of the general interest

• Supposed to stand apart from sectional and
  national interests
• Should look to the generals or at least keep an
  eye on the horizon. COM should be the
   conscience  of the EU.
• Should avoid partisanship and look to the good
  functioning an cohesion of the Union (meet a
  balance, if necessary reconciles differences,
  between different actors and interests (Ex.
  between large and small MBS)
• NEVERTHELESS in practice neutral role
  difficult to operationalise. What is general
  interest? Does it exist?
• N.B. COM tends not to be so detached or
  enthusiastic in pressing the Union spirit. The
  COM seeks and mobilises in the gen. Interest.
  Small states see it as a protector. COM operates
  in the EU world looking often to the short term
  and to what is possible rather thant what is
  ideally desirable.