{"id":12241,"date":"2018-06-21T17:08:11","date_gmt":"2018-06-21T17:08:11","guid":{"rendered":"http:\/\/legalblog.ie\/the-commission\/"},"modified":"2022-09-25T08:21:44","modified_gmt":"2022-09-25T08:21:44","slug":"the-commission","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/the-commission\/","title":{"rendered":"The Commission [EU]"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/the-commission\/#The_Institutions_of_the_European_Union\" title=\"The Institutions of the European Union\">The Institutions of the European Union<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/the-commission\/#European_Commission\" title=\"European Commission\">European Commission<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/the-commission\/#President_of_the_Commission\" title=\"President of the Commission\">President of the Commission<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/the-commission\/#Guardians_of_the_Treaty_and_Enforcement\" title=\"Guardians of the Treaty and Enforcement\">Guardians of the Treaty and Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/the-commission\/#Initiates_Legislation\" title=\"Initiates Legislation\">Initiates Legislation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/the-commission\/#Executive_of_the_EU\" title=\"Executive of the EU\">Executive of the EU<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"The_Institutions_of_the_European_Union\"><\/span>The Institutions of the European Union<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European Union treaties establish so-called supra-national institutions.\u00a0 These are independent bodies with their own legal identity with set powers and competences.\u00a0 Within the areas in which the EU treaties give the EU institutions legal powers or competences, the European Union bodies make enforce and administer laws and their courts interpret the laws where necessary.<\/p>\n<p>As well as having its own administration which deals with areas which are within the exclusive competence of the European Union such as the common agricultural policy or trade policy, the European Union makes laws which must be implemented by member states.\u00a0 Most EU derived laws are administered and enforced by the home government.<\/p>\n<p>In the case of most laws, the directives which are made by the European Union must be translated into local law.\u00a0 In Ireland, this is done by either an Act or much more commonly by a statutory instrument under the European Communities Act.<\/p>\n<p>European Union law including that which is part of the domestic law by way of statutory instruments implementing directives and EU regulations which apply directly without domestic implementation across the European Union, must be enforced by the Irish courts.\u00a0 References may or in some cases, must be made to the European courts when there is any doubt on a point of European Union law.<\/p>\n<p>The European Union Treaties create certain institutions and bodies which have functions in relation to the making, administration, and enforcement of European laws. The European Union and its officials are independent of national governments.<\/p>\n<p>The European Commission is based principally in Brussels.\u00a0 Certain departments are based in Luxembourg. The European Council is based in principally in Brussels, but during certain months it meets in Luxembourg.\u00a0 The European courts are all based in Luxembourg.\u00a0 The European Parliament is based principally in Strasbourg (in France, the Franco-German border).<\/p>\n<p>There are 23 official languages of the EU including English and Irish.\u00a0 All versions of the Treaty are equally valid and authentic. \u00a0French and English are the working languages of the European Union.\u00a0 However, European Union laws are generally published in all 23 languages.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"European_Commission\"><\/span>European Commission<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European Commission is the permanent government of the European Union. The Commission initiates most EU legislation.\u00a0 It is the executive arm of the EU.\u00a0 In the areas where the EU has exclusive competence, it administers and enforces EU laws.\u00a0 It takes actions against states which have failed in their obligation to implement European Union law.<\/p>\n<p>The EU is the guardian of the treaty.\u00a0 It takes action to enforce breaches.\u00a0 It is also involved in the foreign relations of the EU.<\/p>\n<p>The European Commission employs 25,000 civil servants directly and is divided into a number of Directorates-General (DGs).\u00a0 Each Directorate-General is equivalent to a government department. It is headed by a directorate general who is responsible to a commissioner.<\/p>\n<p>The secretariat general of the commission manages the commission\u2019s weekly meeting.\u00a0 The secretary general at the secretariat is answerable to the president of the Commission. As with the government, each Commissioner is responsible for a particular area of policy and administration.\u00a0 Each commissioner has his own advisors who form a so-called cabinet who liaise between the Commission and the directorate general.<\/p>\n<p>The chief of the cabinet is usually from the same country as the Commissioner and will deputise for him at Commission meetings if necessary.\u00a0 The chiefs of cabinet liaise with other chiefs of the cabinet in order to prepare the agenda for the Commission meetings.<\/p>\n<p>The Commission is made up of one Commissioner from each member state.\u00a0 The Commissioners are chosen by the European Council i.e., the governments.\u00a0 The Commissioner\u2019s primary duty is to act in the interest of the EU. They must act independently of their national governments.\u00a0 Although, there is in practice one commissioner per member state this should be in no way be a factor in the exercise of their duty.<\/p>\n<p>The Commissioner of each state is usually a permanent former minister or a \u00a0person of equivalent status. The Commission acts collectively.\u00a0 Famously, the entire Commission including the President and all members was forced to resign in 1999 due to accusations of mismanagement and fraud committed by certain Commissioners.\u00a0 Subsequent to that incident, a strict code of conduct was adopted by the Commission.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"President_of_the_Commission\"><\/span>President of the Commission<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President of the Commission is now elected by the European Parliament, after the Lisbon Treaty reforms.\u00a0 He must be proposed by the European Council.\u00a0 It is required that the results of the European\u00a0 Parliament elections must be taken into account.\u00a0 The European Council formerly appointed a President of the Commission by qualified majority.\u00a0 The nomination had to be approved by the European Parliament.<\/p>\n<p>Formerly the number of Commissioners per Member State had to be no less than one and no more than two. The Treaty of Lisbon originally stipulated that the membership of the Commission, from 1\u00a0November\u00a02014, was to be equivalent to two-thirds of the number of Member States. It introduced an element of flexibility by allowing the European Council to determine the number of Commissioners (Article\u00a017(5) TEU). In\u00a02009, the European Council decided that the Commission would continue to consist of a number of members equal to the number of Member States.<\/p>\n<p>The President of the Commission allocates the Departments amongst the Commissioners.\u00a0 This may be changed during the course of the term.\u00a0 There is no provision for individual commissioners to resign.\u00a0 The European Parliament may send for individual Commissioners.\u00a0 The principle of collective responsibility still applies and the European Parliament may dismiss the entire Commission and effectively remove it.<\/p>\n<p>The term of office of commissioners is 5 years.\u00a0 It may be renewed.\u00a0 Vacancies arising may be filled by a representative of the country which appointed the replaced commissioner.<\/p>\n<p>As with governments, the commission acts collectively.\u00a0 Decisions of the Commission represent the entire Commission.\u00a0 Therefore, decisions are the subject of collective decision. The whole Commission bears responsibility politically for the decision.<\/p>\n<p>Each decision must be approved by the entire Commission. In principle, the Commissioners may vote and act by the majority. In practice, the Commission will seek to act unanimously.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Guardians_of_the_Treaty_and_Enforcement\"><\/span>Guardians of the Treaty and Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Commission is so-called guardians of the EU treaty.\u00a0 They monitor and ensure the enforcement of EU laws.\u00a0 They are entitled to investigate and seek information from states who must cooperate.\u00a0 They may require businesses and individuals to furnish it with information.<\/p>\n<p>The Commission enforces EU laws.\u00a0 It enforces the laws against governments\/states and may take steps to bring governments to court for failure to comply in areas in which the EU has exclusive competence.\u00a0 It may impose sanctions and fines against businesses and individual.<\/p>\n<p>The Commission may issue opinions and recommendations short of taking legal action before the Court of Justice.\u00a0 Such reasons or opinions may be a precursor to legal enforcement.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Initiates_Legislation\"><\/span>Initiates Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Commission is the principal body to initiate and propose legislation.\u00a0 In addition to adopting legislation, it may issue communications, action programs, required papers and other consultation documents.<\/p>\n<p>Although the Commission is the principal body to initiate legislation, the Parliament may request the Commission to submit proposals on matters on which they believe the EU should act for the purpose of implementing the Treaties.\u00a0 In the areas of security and justice, defence and foreign policy, the member states and certain other institutions have the prime powers of proposal although <em>the council<\/em> may also make proposals and recommendations.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Executive_of_the_EU\"><\/span>Executive of the EU<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European Commission is the executive of the European Union.\u00a0 It enforces and administers European Union laws.\u00a0 In this context, it adopts the EU budget and administers funds.\u00a0 This includes the European Social Fund, European Development Fund, European Regional Development Fund and the European Agricultural Guidance and Guarantee Fund.<\/p>\n<p>In certain areas, the European Council adopts a framework act and then the European Commission has powers to make more detailed rules and laws implementing the Council Regulation.\u00a0 This is equivalent to delegated legislation made by the government.<\/p>\n<p>The European Commissioner functions in representing the EU internationally.\u00a0 It negotiates international agreements between the EU and a third country.\u00a0 The EU has delegations equivalent to embassies in many countries.<\/p>\n<p><!--\/themify_builder_static--><\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12241\" data-postid=\"12241\" class=\"themify_builder_content themify_builder_content-12241 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>The Institutions of the European Union The European Union treaties establish so-called supra-national institutions.\u00a0 These are independent bodies with their own legal identity with set powers and competences.\u00a0 Within the areas in which the EU treaties give the EU institutions legal powers or competences, the European Union bodies make enforce and administer laws and their [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[121],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12241"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12241"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12241\/revisions"}],"predecessor-version":[{"id":18763,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12241\/revisions\/18763"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12241"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12241"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12241"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}