Lisbon Treaty: EU Commission

Article 9 D [17] [new article] presented and discussed at length below

1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union's external representation. It shall initiate the Union's annual and multiannual programming with a view to achieving interinstitutional agreements.

2. Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where the Treaties so provide.

3. The Commission's term of office shall be five years.

The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.

In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 9 E(2) [18(2)], the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.

4. The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014 shall consist of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-Presidents.

5. As from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.

The members of the Commission shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established unanimously by the European Council in accordance with Article 211a [244] of the Treaty on the Functioning of the European Union.

6. The President of the Commission shall:

(a) lay down guidelines within which the Commission is to work;

(b) decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body;

(c) appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy, from among the members of the Commission.

A member of the Commission shall resign if the President so requests. The High Representative of the Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in Article 9 E(1) [18(1)], if the President so requests.

7. Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.

The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph.

The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.

8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 201 [234] of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission.

YES: Article 9d reforms the European Commission. The Treaty of Nice provided for a reduced Commission. Article 9d lays out how this will be done. Two-thirds of States at any time will be on the Commission, with every country having a commissioner for 10 of 15 years. The rotation system created ensures all countries, from the smallest to the largest are treated equally on the Commission. (Fine Gael). This will lead to a leaner more efficient Commission working in the best interests of all EU citizens. (Irish Alliance For Europe). This is a good outcome for Ireland.  Until 2004, the largest states all had two Commissioners while the smaller states had one. (Fianna Fail).

NO: Ireland's “clout” within the EU is disproportionately affected because its voting weight at the EU Council has also been reduced significantly. (Libertas). The Commission is the only body with the power to propose legislation. It is also responsible for ensuring that European law is implemented once agreed by the Council and Parliament. While Commissioners are officially independent from the Member State, it is widely accepted that Member State interests find their way into legislation via the Commissioners. Removing Ireland's place at the table for 5 years will significantly reduce our say when vital pieces of legislation are being drafted. (Sinn Fein)

Commentary: This is a significant and negative change for Ireland for the guarantee of a Commisioner for every Member State, irresepctive of size, was always regarded as a protection for the smaller Member States who could be outvoted by the larger Member States in the Council.

Neither is it clear that this change is necessary. The prospect of the accession of 11 new Member States on 1 May 2004 raised apprehensions that the existing decision-making mechanisms would not be adequate and, without reform, the EU would grind to a halt, especially the commission. But because of the abandonment of the new EU Constitution, the reforms did not happen and the EU and its Commission has managed to operate effectively without this change. The Commision has operated with one Commissioner for each Member State and there is no good reason now why this should not continue. However, the loss of a Commissioner may not be quite as significant as suggested by the “No” side because alliances will be formed between groups of Member States and where one does not have a Commissioner for five years, it is likely that senior posts in the cabinets of certain Commisioners will be filled by nationals from the “excluded” Member States, thereby, giving some assurance that the interests of the “excluded” Member State willl not be ignored during the “exclusion” period.