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Part 2 · Chapter 6 of 17

The European Commission Guardian of the Treaties

📖 Art. 17 TEU (Treaty on European Union) · Art. 244–250 TFEU (Treaty on the Functioning of the European Union) ❓ 2 Sample Questions
The European Commission is the EU's executive body — often called the "engine of European integration". It has the exclusive right to propose EU legislation, enforces EU law, and manages EU policies. Understanding its composition, powers, and independence is key for the EPSO exam.

1. Composition

27
Commissioners (1 per member state)
5
Year mandate
1
President
8
Vice-Presidents (incl. HR/VP)

The Commission consists of one Commissioner per member state, including the President. Commissioners act in the general interest of the EU — they are completely independent of their national governments and may not take instructions from them (Art. 17(3) TEU).

Current Commission (2024–2029): Ursula von der Leyen (Germany) was re-elected as Commission President for a second term in July 2024. The von der Leyen II Commission took office on 1 December 2024.

2. The Four Roles of the Commission

✍️
Exclusive Right of Initiative
Only the Commission can formally propose EU legislation (in most areas). Parliament and Council can request proposals but cannot force the Commission to act. This is the Commission's most important power.
⚖️
Guardian of the Treaties
Monitors whether member states comply with EU law. Can launch infringement proceedings (Art. 258 TFEU) before the Court of Justice. Can impose fines for non-compliance.
⚙️
Executive Function
Implements the EU budget (~€170bn/year). Manages EU programmes and funds (Cohesion, Horizon Europe, CAP (Common Agricultural Policy), etc.). Adopts delegated and implementing acts.
🌐
External Representation
Negotiates international trade agreements on behalf of the EU. Represents the EU in most international organisations. Shares external representation with the HR/VP and European Council President.

3. Appointment of the Commission

1
European Council (QMV (Qualified Majority Voting))
Proposes a candidate for Commission President
Taking into account EP elections results. Must have qualified majority support.
2
European Parliament
Elects the Commission President
Majority of component members (absolute majority = 361+ votes out of 720).
3
Member States + Commission President
Propose Commissioner candidates
Each member state proposes a candidate. Commission President allocates portfolios and can ask for a different candidate.
4
EP Committees
Hold confirmation hearings for each Commissioner-designate
Each Commissioner-designate appears before the relevant committee. Committees can issue a favourable or unfavourable opinion (binding by convention).
5
European Parliament
Approves the entire College of Commissioners by consent
Simple majority of votes cast. EP votes on the whole College — it cannot reject individual Commissioners.
6
European Council (QMV)
Formally appoints the Commission
5-year term begins. Commission takes over.

4. The Commission President's Powers

The President of the Commission has significant internal powers (Art. 17 TEU):

Collegiality: The Commission acts as a college — decisions are taken collectively. A Commissioner cannot act alone in their portfolio area without collegial approval. The Commission acts by simple majority vote internally.

5. The Commission's Internal Structure

Each Commissioner oversees one or more Directorates-General (DGs) — the administrative departments of the Commission:

DG AGRI
Agriculture & Rural Development
DG COMP
Competition
DG ECHO
Humanitarian Aid
DG ECFIN
Economic & Financial Affairs
DG EMPL
Employment & Social Affairs
DG ENV
Environment
DG GROW
Internal Market, Industry
DG JUST
Justice & Consumers
DG REGIO
Regional & Urban Policy
DG TRADE
Trade
OLAF
Anti-Fraud Office
SG
Secretary-General

6. Dismissal and Accountability

Has a motion of censure ever succeeded? No — never. In 1999, the Santer Commission resigned collectively before a vote of censure, following a report on fraud and nepotism. This is the closest it came. The motion itself has never passed.

Key Terms

Right of initiative
The Commission's exclusive power to formally propose EU legislation in most policy areas (Art. 17 TEU). This is the Commission's most important role.
Guardian of the Treaties
The Commission monitors compliance with EU law and can launch infringement proceedings (Art. 258 TFEU) before the Court of Justice against non-compliant member states.
Collegiality
The Commission acts collectively as a College — all decisions are made by the group, not individual Commissioners acting alone.
Directorates-General (DGs)
The administrative departments of the Commission, each responsible for a specific policy area (e.g. DG COMP for competition, DG ENV for environment).
Infringement proceedings
Art. 258–260 TFEU: the procedure by which the Commission takes a member state to the Court of Justice for failing to comply with EU law. Can result in fines.
Independence
Art. 17(3) TEU: Commissioners must act in the general EU interest, be completely independent, and neither seek nor take instructions from any national government.

Sample Questions

2 sample questions · EPSO-style multiple choice

Q1. Which institution has the exclusive right to propose EU legislation (right of initiative)?
  • A) The European Council
  • B) The European Parliament
  • C) The European Commission
  • D) The Council of the EU
Q2. When a member state fails to comply with EU law, the Commission can launch what procedure?
  • A) A preliminary ruling procedure
  • B) Infringement proceedings (Art. 258 TFEU)
  • C) A motion of censure
  • D) A citizens' initiative
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