The Malta Independent on Sunday
The European Commission
The complex dynamics of the European Union are reflected by an equally complex institutional set up. The most visible of these institutions is the European Commission which has the onerous task of proposing legislation, overseeing the implementation of policies, upholding treaties and managing the day-to-day needs of the European Union.
In short, the European Commission can be described as the executive branch of the EU – that branch of government which is usually represented by a cabinet of ministers and is responsible for taking policy decisions and driving them through parliament for approval.
Such a task is not easy. The European Commission consists of 28 commissioners from the 28 member states. Each commissioner is given a particular portfolio – each reflecting an area in which the EU may legislate. The allocation of such portfolios is the responsibility of the President of the European Commission.
The President of the Commission is nominated by the European Council – a council which consists of all the heads of government of the EU. After allocating the portfolios, the entire Commission must be confirmed (or rejected) by the European Parliament.
Every individual commissioner is expected to act in the interest of the EU. Thus, the Commission may be described as a supranational institution which should act independently of national concerns. Every commissioner is expected to be loyal to the European Union rather than to his own nation state.
The principle of proportionality – taking actions in accordance with the treaties of the EU – is central to the functioning of the European Commission. The role of the Commission is outlined in successive treaties. Such treaties give the Commission the right to make formal proposals for legislation. Once this legislation is approved by both the European Council and the European Parliament, the Commission oversees that this is implemented effectively.
The principle of subsidiarity ensures that the Commission legislates only in those matters were action at EU level is more effective in reaching the necessary policy objectives. Thus, policies initiated by the Commission tend to focus on economic regulations, the setting of standards and environmental protection.
Prior to making legislative proposals, the Commission embarks on a consultation exercise to take into account the potential impact of such legislation. In recent years (as of April 2012) EU citizens may also propose laws through the European Citizens’ initiative.
The Commission also has its critics. The most widespread criticism revolves around the fact that the Commission is an unelected body with executive power. The electorate has little input on the formation of the commission; commissioners are nominated by national governments and the Commission President is nominated by the European Council.
Some point to the fact that the Commission has the right to impose legislation – even if this may usurp a particular programme of government in an individual nation state. Others may criticise the implementation stage of policy since this largely depends on national agencies. Many point to the burgeoning size of the European Commission. The role of lobbyists has also come under increasing scrutiny. Their role in setting the Commission’s agenda has been questioned by both the media and other observers.
As EU citizens, developments concerning the European Commission may indirectly concern us all. These differing views are useful for us to form a critical and objective appraisal of those organisations which claim to act on our behalf.