The Role, Powers, and Operations of the European Commission

The official body responsible for proposing and implementing EU legislation, the European Commission holds significant power and influence over the functioning and future of the European Union. This article explores the powers and operations of the European Commission, highlighting the legal framework and mechanisms it utilizes to carry out its mandates.

The Legal Foundation and Power of the European Commission

The Lisbon Treaty serves as the primary legal foundation for the European Commission. Officially titled the Treaty on European Union, it is a consolidation of the Maastricht Treaty and other legally binding treaties established within the European Union. Although some nations argue that the treaty was illegally imposed, it remains a fundamental pillar of the European Union’s legal framework.

Under Article 17 of the Lisbon Treaty, the European Commission is given exclusive authority to initiate, implement, and enforce EU legislation. This delegation of power is vast and covers a wide range of areas including economics, agriculture, environment, and transport among others. The European Commission exercises this power through 60 affiliated agencies, some of which issue various types of regulations, directives, and decisions.

Types of EU Laws

The European Commission’s legislative powers are far-reaching, encompassing the creation of various types of EU laws. These include:

Regulations

Regulations are laws that are directly applicable to all member states without the need for national legislation. They are binding in their entirety and must be applied without exception. This ensures a uniform application of EU laws across all member states.

Directives

Directives are legal actions that set out goals that member states must achieve, but they allow member states the flexibility to determine the specific means by which they will comply. Member states must then incorporate directives into their national legal systems.

Decisions

Decisions are binding in their entirety and are directly applicable to each member state concerned. They are typically used to settle individual legal disputes, determine specific rights of individuals, or impose sanctions on individuals or entities.

According to various sources, the number of regulations, directives, and decisions issued by the European Commission since the founding of the EU in 1992 has varied greatly, ranging from approximately 50,000 to 150,000, depending on the classification criteria used.

The Continued Functioning of the European Commission

Central to the European Commission’s operations is its dependence on the continued existence of the European Union. Unlike many other nations where the judiciary operates independently, the European Union’s Court of Justice relies on the overarching existence of the EU for its continued operation. This unique arrangement underscores the integral role of the European Commission in maintaining the legal and institutional coherence of the EU.

Current Developments: The New European Commission and the UK

The European Commission has a significant role in ensuring compliance with EU law. The new European Commission under President Ursula von der Leyen is scheduled to commence its work on February 1, 2020. However, due to a delay in the nomination of a UK Commissioner, the European Commission has the option to initiate an infringement procedure against the UK government. This move is intended to set an example for other member states who might break similar laws.

The UK government has until November 11, 2019, to nominate a new commissioner as dictated by EU law. Should the UK government fail to comply, the European Commission can proceed with an infringement procedure. Despite initial skepticism, reports from sources such as The Guardian and EurActiv indicate that the UK government may ultimately appoint a Commissioner to avoid further complications.

Conclusion

The European Commission’s substantial powers and operational mechanisms underscore the critical role it plays in the functioning and development of the European Union. Its ability to propose, implement, and enforce EU laws ensures a harmonious legal environment, while its dependence on the overall EU structure highlights the unique nature of the European Union governance system.

As the European Union continues to evolve, the European Commission remains a pivotal actor in shaping its future direction and maintaining its legal integrity.