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Summary 2 EU Institutions
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Summary of 12 pages for the course European Union Law Foundations at UM (2. EU institutions)
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2. EU InstitutionsCommission
Purpose of promoting European integration
1.1 College of Commissioners
27 Commissioners, one from each Member States (Art. 17(4) TEU)
- each Commissioner is allocated portfolio by President primary person responsible for
all Commission work within that area
- persons whose ‘independence is beyond doubt’ (Art. 17(3) TEU)
- exception: High Representative of the European Union for Foreign Affairs and
Security Policy, who is Commissioner but also takes part in work of European Council
(Art. 15(2) TEU) ‘double hat’ for more integrated and coordinated external policy
- weekly meetings
- Commission appointed for 5-year term (Art. 17(3) TEU)
Cresson case:
- Commissioners required to ensure precedence of EU interest precedence at all times
- but sanctions only possible for most severe breaches, if action manifestly inappropriate
Principle of collegiality: Commission collectively responsible for all decisions taken and all
decisions should be taken collectively
Two procedures
1. Written procedure: proposal adopted by responsible Commissioner before circulating to
other Commissioners
2. Internal delegation: delegation of ‘act of management’ to particular members
1.2 High Representative of the European Union for Foreign Affairs and Security Policy
‘Double hat’ for more integrated and coordinated external policy: Commissioner but also
taking part in work of European Council (Art. 15(2) TEU)
Appointed by European Council with agreement of President (Art. 18(1) TEU)
Only member of Commission that can be dismissed unilaterally by President (Art. 17(8)
TEU)
1.3 President of Commission
Most powerful Commissioner without portfolio and with five important roles
1. nomination of other Commissioners (Art. 17(7) TEU)
2. decision on internal organization of Commissioners, e.g. allocation of portfolios
3. individual Commissioners responsible to him, i.e. he can ask individual Commissioners to
resign (Art. 245 TFEU)
4. providing ‘political guidance’ to Commission
5. roving policy brief, i.e. can take over particular issue and drive Commission policy on that
issue
Representative role:
- representation of Commission at meetings with Heads of Government
- accounting to other institutions if questioning on general conduct of Commission
Proposed by European Council and elected by Parliament (Art. 17(7) TEU)
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