The Commission's powers under Article 17 TEU

The functions in Article 17(1)

Article 17(1) of the Treaty on European Union lists the Commission's tasks in seven sentences. Each is a possible question.

Note the qualifier on external representation. The Commission does not represent the Union in the common foreign and security policy: the High Representative conducts that policy (Article 18(2) TEU) and, as one of the Commission's Vice-Presidents, ensures the consistency of the Union's external action (Article 18(4)).

The right of initiative: Article 17(2)

The initiative is protected in two further ways by Article 293 TFEU. Where the Council acts on a Commission proposal, it may amend the proposal only by acting unanimously, with exceptions that include the conciliation stages of the ordinary legislative procedure and the budget articles. And as long as the Council has not acted, the Commission may alter its proposal at any time.

Others can ask, but not oblige. Parliament, by a majority of its component Members, may request the Commission to submit a proposal (Article 225 TFEU); the Council, by a simple majority, may do the same (Article 241 TFEU). In both cases, if the Commission does not submit a proposal it must give its reasons. The Working Methods for 2024-2029 commit the Commission to structured dialogues with Parliament's committees on Article 225 resolutions.

Term and composition: Article 17(3) to (5)

• Term: five years (Article 17(3)).
• Who may be chosen: members are chosen "on the ground of their general competence and European commitment from persons whose independence is beyond doubt" (Article 17(3)).
• Independence: the Commission is completely independent; its members neither seek nor take instructions from any government or other body (Article 17(3); see also Article 245 TFEU).
• Size: from 1 November 2014 the Treaty provides for a number of members equal to two thirds of the Member States, unless the European Council, acting unanimously, alters it (Article 17(5)). By Decision 2013/272/EU of 22 May 2013 the European Council set the number equal to the number of Member States, including the President and the High Representative. The College page lists 27 members.
• Rotation: the system of strictly equal rotation between Member States (Article 17(5), second subparagraph; Article 244 TFEU) belongs to the two-thirds formula. With one member per Member State under the 2013 decision, every State has a national in the College.

The 2013 decision itself says the European Council will review it before the appointment of the first Commission after the accession of a 30th Member State, or of the Commission following the one that took office in 2014, whichever comes first (Article 2).

Appointment, step by step: Article 17(7)

1. Taking into account the European elections and after consultations, the European Council, by qualified majority, proposes a candidate for President to Parliament.
2. Parliament elects the candidate by a majority of its component members. If the candidate fails, the European Council proposes a new one within one month, by the same procedure.
3. The Council, by common accord with the President-elect, adopts the list of the other proposed members, selected on the basis of Member States' suggestions.
4. The President, the High Representative and the other members are subject as a body to a vote of consent by Parliament.
5. On the basis of that consent, the European Council, by qualified majority, appoints the Commission.

The High Representative has a separate appointment as well: the European Council appoints him or her by qualified majority, with the agreement of the President of the Commission (Article 18(1) TEU).

Once appointed, the President lays down the guidelines within which the Commission works, decides its internal organisation and appoints Vice-Presidents other than the High Representative. "A member of the Commission shall resign if the President so requests" (Article 17(6) TEU).

Accountability and censure: Article 17(8) and Article 234 TFEU

The Commission, as a body, is responsible to Parliament (Article 17(8) TEU). Parliament may vote on a motion of censure under Article 234 TFEU.

Individual members can also be removed by the Court of Justice, on application by the Council acting by a simple majority or by the Commission: compulsory retirement for no longer fulfilling the conditions or for serious misconduct (Article 247 TFEU), or, for breaches of the obligations of office, retirement or loss of pension rights (Article 245 TFEU).

Enforcement: Articles 258 and 260 TFEU

As guardian of the Treaties the Commission runs infringement procedures. If it considers that a Member State has failed to fulfil an obligation, it delivers a reasoned opinion after giving the State the opportunity to submit observations; if the State does not comply in the period set, the Commission may bring the matter before the Court of Justice (Article 258).

If the State then fails to comply with the Court's judgment, the Commission may bring the case back and propose a lump sum or penalty payment (Article 260(2)). Where the failure is not notifying measures that transpose a directive, the Commission may propose a financial penalty in the first case already, and the Court may not exceed the amount the Commission specifies (Article 260(3)).

Delegated and implementing powers: Articles 290 and 291 TFEU

Essential elements of an area are reserved for the legislative act and may not be delegated (Article 290(1)). Our guide to delegated and implementing acts and comitology goes further.

Implementing the budget: Article 317 TFEU

The Commission implements the budget "in cooperation with the Member States", "on its own responsibility and within the limits of the appropriations", having regard to sound financial management (Article 317). It may transfer appropriations between chapters within the limits of the Financial Regulation. It answers for that implementation through the discharge, which Parliament grants on the Council's recommendation (Article 319): see the budget cycle and discharge.

How the College works, and the Code of Conduct

The Commission acts by a majority of its Members (Article 250 TFEU) and adopts its own Rules of Procedure (Article 249). The current Rules are Decision (EU) 2024/3080; the four ways they let the College adopt acts are on our decision-making page.

The Commission's Code of Conduct for its Members was adopted on 31 January 2018 and applies from 1 February 2018. Its main rules:

• Members devote themselves fully to their duties in the general interest of the Union and act with complete independence, integrity, dignity, loyalty and discretion (Article 2).
• Members act collegially and assume collective responsibility for any decision taken by the Commission (Article 2(4)).
• For two years after leaving office, former Members must give at least two months' notice of a planned professional activity, and may not lobby Members or their staff on matters from their former portfolio; for a former President the period is three years (Article 11(2), (4) and (5)).
• An Independent Ethical Committee of three members, appointed for three years renewable once, advises the Commission at the President's request (Article 12).

How this is tested

The Commission's tasks belong to one of the three content areas named in the Commission's guidance to candidates (confirmed). We estimate that questions here turn on who does what in the appointment, the exact majorities, and the exceptions written into the Treaty text, such as "except where the Treaties provide otherwise" and the CFSP carve-out.

Worked example 1 (our own)

Which majority must a motion of censure on the Commission obtain in the European Parliament? A) A majority of its component Members. B) Three-fifths of the votes cast. C) Two-thirds of the votes cast, representing a majority of its component Members. D) Unanimity of the political group leaders.

Answer: C. Source: Article 234 TFEU, second paragraph. A majority of component Members alone (A) is the majority for electing the Commission President (Article 17(7) TEU); three-fifths of the votes cast (B) appears in the annual budget procedure (Article 314(7)(d) TFEU).

Worked example 2 (our own)

Who appoints the Commission once Parliament has given its consent? A) The Council, by unanimity. B) The European Council, by qualified majority. C) The President of the European Parliament. D) The Council, by common accord with the President-elect.

Answer: B. Source: Article 17(7) TEU, third subparagraph. Option D is the step at which the Council adopts the list of proposed members.

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