European Commission

Author:Ioana Nely Militaru
Profession:PhD is Associate Professor at the Law Department of the Bucharest University of Economic Studies
Pages:88-115
 
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Chapter 5. European Commission
5.1. Regulation of the institution of the European Commission
The legal basis of the institution of the European Commission are the
provisions:
- art. 17 TUE;
- art. 234, art. 244-250, art. 290 and art. 291, art. 244-250, art. 290 and
art. 291 of the TFEU;
- Treaty establishing a single Council and a single Commission of the
European Communities (Merger Treaty)
1
.
The European Commission was established, through the Treaty estab-
lishing the European Coal and Steel Community (ECSC Treaty) - signed in Paris,
in 1951, entered into force the following year - under the name of High Authority,
a supranational institution with discretionary decision-making powers, in the light
of this treaty
2
.
In 1967, by the Treaty of Brussels, also called the Merger Treaty of the
executives
3
, the two EEC Commissions, respectively Euratom and the High Au-
thority, merged to form a single institution exercising the powers in accordance
with the provisions of the three treaties (in fact, in the fundamental problems, the
treaties of Rome are identical even in the formulations)
4
.
The TMs
5
have repealed the articles of the Brussels Merger Treaty on the
composition and organization of the Commission
6
, instead inserting provisions
in the three Community treaties having identical content. The main news brought
by the TEU concerns the appointment and duration of the Commission's mandate
- from 4 to 5 years.
Also called the "guardian of the treaties"
7
, the Commission, through its
members, exercising their functions in complete independence, is the institution
that promotes the general interest of the Union (art. 17 paragraph TEU). In this
capacity and, especially, from the perspective of the exercise Within the compe-
tence of the legislative proposal, the Commission, by requesting the opinions of
experts and experts from the Member States, harmonizes the Union's interest with
the national one.
1
OJ P 152, July 13, 1967, p. 2. The Merger Treaty was signed on April 8, 1965 and entered into
force on July 1, 1967.
2
See B. Ştefănescu, op. cit., p. 29.
3
The treaty was signed on April 8, 1965.
4
See B. Ştefănescu, op. cit., p. 24.
5
It is about art. P. paragraph 1.
6
It is about art. 9 and art. 10 of the Treaty of merger of executives, from Brussels, signed in 1965,
entered into force in 1967.
7
Due to art. 17 TFEU, which states: "The Commission oversees the application of Un ion law" P.
Mathjisen, op. cit., p. 112; J. Echkenazi, op. cit., p. 20; C. Lefter, op. cit., p. 172.
Organization and duties of the European Union institutions 89
Regarding the supranational character of the Commissioner, highlighted
on numerous occasions since its inception, it is explained that its members - com-
missioners, although jointly appointed by the governments of the Member States
among their citizens, act in complete independence, and are not subject to any
influence from the part of the states that proposed it.
5.2. Composition and organization of the European Commission
Currently, the Commission is composed of 28 members
1
- named com-
missioners elected based on their general competence and their commitment to
the European idea, among the personalities who present all the guarantees of in-
dependence [art. 17 paragraph (3) TEU].
Between the date of the entry into force of the Treaty of Lisbon, De-
cember 13, 2009 and October 31, 2014, the Commission is composed of one rep-
resentative from each Member State, including the President and the High Rep-
resentative of the Union for Foreign Affairs and Security Policy, who is one. of
its vice-presidents [art. 17 paragraph (4) TEU].
As of November 1, 2014, the Commission is composed of a number of
members, including the President and the High Representative of the Union for
Foreign Affairs and Security Policy, corresponding to two thirds of the number
of Member States, as long as the European Council does not decide to change this
number, acting unanimously [art. 17 paragraph (5) TEU].
However, in 2009 the European Council decided that the Commission
institution should continue to be composed of a number of members equal to the
number of Member States
2
.
The term of office for commissioners. The term of office of the Com-
mission is five years. The appointment takes place within six months of the elec-
tions to the European Parliament. This explains the change in the mandate of the
commissioners from 4 to 5 years, in order to ensure a match between the term of
office of the members of the European Parliament and of the members of the
Commission
3
.
The members of the Commission are elected on the basis of their general
competence and their commitment to the European idea among the personalities
who present all the guarantees of independence.
The Commission exercises its responsibilities in complete independence.
1
Following Croatia's accession to the European Union on July 1, 2013, a Croatian national is ap-
pointed to the Commission from the date o f accession until October 31, 2014. His term of office
ceases at the same time as that of the members in office on the date of accession. See Treaty between
the EU Member States and th e Republic of Croatia on the accession of the Republic of Croatia to
the European Union - art. 21.
2
See P. Novac, April 2017, Fişe tehnice privind Uniunea Europeană, Comisia Europeană,
http://www.europarl.europa.eu/aboutparliament/roidisplayFtu.html?ftuId=FTU_1.3.8. html.
3
See, for details, R. Munteanu, op. cit., p. 214, footnote no. 2.

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