3.1.2. The corporate constitution of the Commission

Corporate constitution:

• What is the legal basis and structure?
• What legal preconditions are in place?
• Which statutes prevail, how do top organs look like?

The European Union can be described as a complex system with a multitude of political interactions involving a variety of actors, including Member States governments. Although Member States still control the bulk of the power of negotiation and bargaining, legal authority has been transferred through the Treaties from the Member States to the European Commission for a number of key responsibilities:²⁰

• Powers of initiation: The Commission has the sole right of initiative within the EU. In this respect it is sometimes described as a think tank and policy formulator and is expected to provide leadership for the EU. The Commission can also be prompted into action by other institutions. Although neither the European Parliament nor the Council of Ministers can formally initiate the lawmaking process, they can bring informal influence to bear on the Commission;
• Powers of implementation: Once a law or policy has been accepted, the Commission is responsible that it is implemented by the Member States. The Commission has the right to collect information from Member States so that it can monitor their progress on implementation; to take to the Court of Justice any Member State, corporation, or individual that does not conform to the spirit of the Treaties; and if necessary impose sanctions. Every Member State is legally obliged to report to the Commission on the progress it is making in meeting deadlines and incorporating EU law into national law;
• Managing EU Finances: The Commission ensures that all EU revenues are collected, plays a key role in drafting and guiding the EU budget through the Council of Ministers and the European Parliament, and administers EU spending, especially under the Common Agricultural Policy and the Structural Funds, jointly with the Member States. The administration of EU funding is undertaken with oversight by the Court of Auditors; the Commission is involved in authorizing spending, ensuring that it has gone for the purposes intended, and evaluating the effectiveness of spending.
• External Relations: The Commission acts as the EU ́s main external representative in dealings with the World Trade Organization, and the Organization for Economic Cooperation and Development. Discussions on global trade are overseen by the Commission acting on behalf of EU Member States.

In terms of corporate structure and key organs, the following comparison can be drawn for easier understanding: Based in Brussels, the Commission consists of a college of twenty seven appointed Commissioners who function collectively much like a national government cabinet, and several thousand full-time European bureaucrats assigned to one of the Commission' s Directorates General (DGs), the functional equivalent of national government departments.

The college of Commissioners represents the highest political level of the Commission, and formally takes decisions, leads the Commission and gives political guidance to DGs and services. It is headed by the President of the Commission who has to find the balance between external and internal interests. His role is focused on effective chairmanship, reaching consensus between the different Commissioners, and leadership of the policy orientation of the Commission.

The President is supported by a Secretariat General with about 600 staff. It is in charge of the administration of the Commission and ensures the coherence in Commission actions, thus tying the DGs to the centre. The Secretariat General coordinates, advises, and arbitrates to ensure that coherence, quality, and delivery of policy, legislation and implementation occur in accordance with the Commission rules and procedures. It also is the contact point for external stakeholders as well as the general public.

Below this political level, comes the technical and administrative level of Commission services. There is a DG for each of the major policy areas in which the EU is active and their respective size varies according to the importance of their task.

²⁰ See McGormick, J.: The European Union “Politics and Policies”; 4 th Edition, pp 109