Background
The appointment of the Commission College
Institutions - 28-01-2010 - 16:15
The mandate of the Barroso I European Commission ended 31 October 2009. Since then, it has continued as a "caretaker" Commission which must only fulfil its public service duty without making any new political or legislative initiatives. The European Parliament's role has been to monitor the Commission to make sure it acts in principle only as a caretaker.
The European Parliament is due to vote on the election of a new Commission in Strasbourg 9 February 2010. This background note is a summary of the procedural issues concerning the appointment of the new Commission.
REF.: 20100128BKG68185
Number of Commissioners
The Commission College will consist of 27 Commissioners, including the Commission President. Parliament approved the nomination of José Manuel Barroso for President of the Commission on 16 September 2009.
According to the Lisbon Treaty, each Member State will have a Commissioner until 2014. The Treaty also states that starting from 2014, the number of Commissioners would be two thirds of the number of Member States. The European Council, however, decided in June 2009 that "provided the Treaty of Lisbon enters into force, a decision would be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national of each Member State" (2009 June European Council conclusions).
Lisbon Treaty article 17, paragraphs 4 and 5
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.
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.
Hearings
The Parliament held hearings according to the suggested portfolio of each Commissioner-designate in January. The parliamentary committees have approved the hearings of 25 Commissioners-designate. One more hearing will be held on 3 February, for Kristalina Georgieva, the new Bulgarian Commissioner-designate.
Rules of Procedure of the European Parliament
Rule 106 (1–2): Election of the Commission
The President shall, after consulting the President-elect of the Commission, request the nominees proposed by the President-elect of the Commission and by the Council for the various posts of Commissioner to appear before the appropriate committees according to their prospective fields of responsibility. These hearings shall be held in public.
The appropriate committee or committees shall invite the Commissioner-designate to make a statement and answer questions. The hearings shall be organised in such a way as to enable Commissioners-designate to disclose to Parliament all relevant information. Provisions relating to the organisation of the hearings shall be laid down in an annex to these Rules of Procedure.
Vote on the Commission College
The vote in the Parliament on the whole Commission College is by a simple majority of the votes cast. Abstentions do not count. It is a roll call vote.
Lisbon Treaty article 17, paragraph 7
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 (...).
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.
Rules of Procedure of the European Parliament
Rule 106 (3–6): Election of the Commission
The President-elect shall present the College of Commissioners and their programme at a sitting of Parliament which the whole Council shall be invited to attend. The statement shall be followed by a debate.
In order to wind up the debate, any political group or at least 40 Members may table a motion for a resolution. (...)
Following the vote on the motion for a resolution, Parliament shall elect or reject the Commission by a majority of the votes cast. The vote shall be taken by roll call. Parliament may defer the vote until the next sitting.
The President shall inform the Council of the election or rejection of the Commission.
In the event of a substantial portfolio change during the Commission's term of office, the filling of a vacancy or the appointment of a new Commissioner following the accession of a new Member State, the Commissioners concerned shall be invited to appear before the committees responsible for the areas of responsibility in question (...).
What happens after the vote ?
If the European Parliament elects the new Commission on 9 February, the European Council still needs to appoint the Commission by qualified majority. This may happen already the same day in a written procedure, which would allow the Commission to take office on 10 February.
The Commissioners will also be taking an oath at the European Court of Justice in Luxembourg, but this may happen only later, possibly towards the end of the month.
Previous votes on the Commissions
Date Commission Votes (for–against–abstentions)
February 1981 Thorn 155–31
January 1985 Delors I 209–34
January 1989 Delors II Votes not recorded, overwhelming majority in favour
January 1993 Delors III 256–84
January 1995 Santer 417–104
September 1999 Prodi 427–138–29 (for unfilled portion of Santer term)
September 1999 Prodi 404–153–37 (for full 2000–2005 term)
May 2004 Prodi 531–18–39 (ten new members)
November 2004 Barroso 449–149–82
(Source: Corbett, Jacobs, Shackleton: The European Parliament, 7th edition)