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==Powers and functions== The commission was set up from the start to act as an independent supranational authority separate from governments; it has been described as "the only body paid to think European".<ref name="Day">{{cite web|title=Interview with European Commission Secretary-General Catherine Day|publisher=EurActiv|date=25 September 2006|url=http://www.euractiv.com/en/future-eu/interview-european-commission-secretary-general-catherine-day/article-158149|access-date=17 June 2007|archive-date=24 December 2017|archive-url=https://web.archive.org/web/20171224073529/http://www.euractiv.com/en/future-eu/interview-european-commission-secretary-general-catherine-day/article-158149|url-status=dead}}</ref> The members are proposed by their member state governments, one from each. However, they are bound to act independently – free from other influences such as those governments which appointed them. This is in contrast to the Council of the European Union, which represents governments, the European Parliament, which represents [[EU citizen|citizens]], the [[Economic and Social Committee]], which represents organised civil society, and the [[European Committee of the Regions|Committee of the Regions]], which represents local and regional authorities.<ref name="Europa Institutions">{{cite web|title=Institutions of the EU: The European Commission|url=http://europa.eu/institutions/inst/comm/index_en.htm|archive-url=https://web.archive.org/web/20070623104055/http://europa.eu/institutions/inst/comm/index_en.htm|archive-date=23 June 2007|access-date=18 June 2007|publisher=[[Europa (web portal)|Europa]]}}</ref> Through [[s:Consolidated version of the Treaty on European Union/Title III: Provisions on the Institutions#Article 17|Article 17 of the Treaty on European Union]] the commission has several responsibilities: to develop medium-term strategies; to draft legislation and arbitrate in the legislative process; to represent the EU in trade negotiations; to make rules and regulations, for example in competition policy; to draw up the [[budget of the European Union]]; and to scrutinise the implementation of the treaties and legislation.<ref>Hix, Simon (1999) "The political system of the European Union" MacMillan, Basingstoke. p32</ref> The rules of procedure of the European Commission set out the commission's operation and organisation.<ref name="rules">{{cite web|title=Rules of procedure of the European Commission |date=2020 |url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:o10004|website=EUR-Lex |access-date=25 March 2019|archive-date=30 November 2020|archive-url=https://web.archive.org/web/20201130155317/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:o10004|url-status=live}}</ref> ===Executive power=== Before the [[Treaty of Lisbon]] came into force, the executive power of the EU was held by the council: it conferred on the Commission such powers for it to exercise. However, the council was allowed to withdraw these powers, exercise them directly, or impose conditions on their use.<ref>{{cite web|title=Executive body|publisher=CVCE|url=http://www.cvce.eu/obj/executive_body-en-1ea2c754-b3fe-42ea-b6ab-44f07291d9ee.html|date=15 September 2016|access-date=18 April 2013|archive-date=5 August 2020|archive-url=https://web.archive.org/web/20200805194749/https://www.cvce.eu/obj/executive_body-en-1ea2c754-b3fe-42ea-b6ab-44f07291d9ee.html|url-status=live}}</ref><ref>{{cite web|title=Implementing powers of the Council of the European Union|publisher=CVCE|url=http://www.cvce.eu/obj/implementing_powers_of_the_council_of_the_european_union-en-5d4d07d9-bba1-467e-93c2-8241444be9a2.html|year=2016|access-date=18 April 2013|archive-date=5 August 2020|archive-url=https://web.archive.org/web/20200805190623/https://www.cvce.eu/obj/implementing_powers_of_the_council_of_the_european_union-en-5d4d07d9-bba1-467e-93c2-8241444be9a2.html|url-status=live}}</ref> This aspect has been changed by the Treaty of Lisbon, after which the Commission exercises its powers just by virtue of the treaties. Powers are more restricted than most national executives, in part due to the commission's lack of power over areas like [[Common Foreign and Security Policy|foreign policy]] – that power is held by the Council of the European Union and the European Council, which some analysts have described as another executive.<ref name="dragoman"/> Considering that under the Treaty of Lisbon, the European Council has become a formal institution with the power of appointing the commission, it could be said that the two bodies hold the executive power of the EU (the European Council also holds individual national executive powers). However, it is the Commission that currently holds most of the executive power over the [[European Union]].<ref name="dragoman">{{cite web |last=Stark |first=Christine |publisher=Dragoman |title=Evolution of the European Council: The implications of a permanent seat |date=4 September 2002 |url=http://www.dragoman.org/ec/belfast-2002.pdf |access-date=10 July 2007 |archive-url=https://web.archive.org/web/20090325005346/http://www.dragoman.org/ec/belfast-2002.pdf |archive-date=25 March 2009}}</ref><ref>{{cite web|last=Bermann|first=George|title=Executive Power in the New European Constitution|year=2004|url=http://www.jeanmonnetprogram.org/archive/papers/04/040501-13.rtf|format=RTF|publisher=New York University|access-date=18 June 2006|archive-date=31 July 2020|archive-url=https://web.archive.org/web/20200731021346/http://www.jeanmonnetprogram.org/archive/papers/04/040501-13.rtf|url-status=live}}</ref> ===Legislative initiative=== The Commission differs from the other institutions in that it alone has [[legislative initiative]] in the EU. Only the commission can make formal proposals for legislation: they cannot originate in the legislative branches. Under the Treaty of Lisbon, no legislative act is allowed in the field of the [[Common Foreign and Security Policy]]. In the other fields, the Council and Parliament can request legislation; in most cases the Commission initiates on the basis of these proposals. This monopoly is designed to ensure coordinated and coherent drafting of [[Law of the European Union|EU law]].<ref>{{cite web|publisher=Europa (web portal)|title=Glossary: Right of initiative|url=http://europa.eu/scadplus/glossary/initiative_right_en.htm|access-date=18 June 2007|url-status=dead|archive-url=https://web.archive.org/web/20070708112656/http://europa.eu/scadplus/glossary/initiative_right_en.htm|archive-date=8 July 2007}}</ref><ref>{{cite web|publisher=Europa (web portal)|title=The Commission's right of initiative|url=http://register.consilium.europa.eu/pdf/en/02/cv00/00230en2.pdf|access-date=18 June 2007 |archive-url=https://web.archive.org/web/20071025203706/http://register.consilium.europa.eu/pdf/en/02/cv00/00230en2.pdf|archive-date=25 October 2007}}</ref> This monopoly has been challenged by some who claim the Parliament should also have the right, with most national parliaments holding the right in some respects.<ref>{{cite web|last=Murray |first=Alasdair |title=Reform now or languish later |publisher=Centre for European Reform |date=30 September 2002 |url=http://www.cer.org.uk/articles/murray_parl_0902.html |access-date=18 June 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070928151215/http://www.cer.org.uk/articles/murray_parl_0902.html |archive-date=28 September 2007 }}</ref> However, the Council and Parliament may request the commission to draft legislation, though the Commission does have the power to refuse to do so<ref>Peterson, John and Michael Shackelton (2006) "Institutions of European Union" p152.</ref> as it did in 2008 over transnational collective conventions.<ref>Anne-Cécile Robert (March 2009) "Et la crise sociale a rattrapé le Parlement européen", ''[[Le Monde diplomatique]]''. p. 6–7</ref> Under the Lisbon Treaty, EU citizens are also able to request the commission to legislate in an area via [[European Citizens' Initiative|a petition carrying one million signatures]], but this is not binding.<ref>{{cite web|last1=Wallis|first1=Diana|author-link=Diana Wallis|last2=Picard|first2=Severine|title=The Citizens' Right of Initiative in the European Constitution: A Second Chance for Democracy|url=http://www.eumap.org/journal/features/2005/demodef/wallis |website=eumap |access-date=18 June 2007|archive-url=https://web.archive.org/web/20060306034741/http://www.eumap.org/journal/features/2005/demodef/wallis|archive-date=6 March 2006}}</ref> The commission's powers in proposing law have usually centred on economic regulation. It has put forward a large number of regulations based on a "[[precautionary principle]]". This means that pre-emptive regulation takes place if there is a credible hazard to the environment or human health: for example on tackling [[climate change]] and restricting [[genetically modified organism]]s. The European Commission has committed EU member states to [[carbon neutrality]] by 2050.<ref>{{Cite web|title=EU/China/US climate survey shows public optimism about reversing climate change|url=https://www.eib.org/en/stories/citizen-global-warming-concerns |first1=Matt |last1=Rees |date=26 June 2020 |access-date=24 August 2020|website=European Investment Bank|language=en|archive-date=20 October 2021|archive-url=https://web.archive.org/web/20211020023146/https://www.eib.org/en/stories/citizen-global-warming-concerns|url-status=live}}</ref><ref>{{Cite web |date=23 November 2016|title=2050 long-term strategy|url=https://ec.europa.eu/clima/policies/strategies/2050_en|access-date=24 August 2020|website=Climate Action – European Commission|language=en|archive-date=22 April 2021|archive-url=https://web.archive.org/web/20210422132502/https://ec.europa.eu/clima/policies/strategies/2050_en|url-status=dead }}</ref> This is opposed to weighting regulations for their effect on the economy. Thus, the Commission often proposes stricter legislation than other countries. Owing to the size of the European market, this has made EU legislation an important influence in the global market.<ref>{{cite news|newspaper=The Economist|date=20 September 2007|title=Brussels rules OK|url=http://www.economist.com/world/europe/displaystory.cfm?story_id=9832900 |url-access=subscription |access-date=22 October 2007|archive-date=12 October 2007|archive-url=https://web.archive.org/web/20071012003802/http://economist.com/world/europe/displaystory.cfm?story_id=9832900|url-status=live}}</ref> On February 23, 2022, the European Commission published the [[Corporate Sustainability Due Diligence Directive]] which establishes a framework of [[due diligence]] for companies to identify actual or potential risks and harm to [[human rights]] and the [[Natural environment|environment]] as well as establishing processes and standards to diminish these risks. The [[Directive (European Union)|Directive]] is expected to be officially adopted in 2024 and then be incorporated into domestic laws within two years by all of the [[European Union]] member states. Recently the commission has moved into creating [[Law of the European Union#Criminal law|European criminal law]]. In 2006, a [[2006 Côte d'Ivoire toxic waste spill|toxic waste spill off the coast of Côte d'Ivoire]], from a European ship, prompted the commission to look into legislation against toxic waste. at that time did not even have a crime against shipping toxic waste; this led the Commissioners [[Franco Frattini]] and [[Stavros Dimas]] to put forward the idea of "ecological crimes". Their right to propose criminal law was challenged in the [[European Court of Justice]] but upheld. {{asof|2007|post=,}} the only other criminal law proposals which have been brought forward are on the [[Proposed directive on criminal measures aimed at ensuring the enforcement of intellectual property rights|intellectual property rights directive]],<ref name="E!Sharp0507 Legal">{{cite news|last=Charter|first=David|title=A new legal environment|work=E!Sharp|pages=23–5|publisher=People Power Process|year=2007}}</ref> and on an amendment to the 2002 counter-terrorism framework decision, outlawing terrorism‑related incitement, recruitment (especially via the internet) and training.<ref>{{cite web|publisher=European Commission|date=6 November 2007|title=Counter‑terrorism – EU steps up a gear|url=http://ec.europa.eu/news/justice/071106_1_en.htm|access-date=21 November 2007|archive-url=https://web.archive.org/web/20071213232626/http://ec.europa.eu/news/justice/071106_1_en.htm|archive-date =13 December 2007}}</ref> ===Enforcement=== Once legislation is passed by the Council and Parliament, it is the commission's responsibility to ensure it is implemented. It does this through the member states or through its [[Agencies of the European Union|agencies]]. In adopting the necessary technical measures, the commission is assisted by committees made up of representatives of member states and of the public and private [[Lobbying|lobbies]]<ref>[http://www.legaltoday.com/index.php/actualidad/noticias/la-lobbycracia-europea La Lobbycracia Europea] {{Webarchive|url=https://web.archive.org/web/20110722053744/http://www.legaltoday.com/index.php/actualidad/noticias/la-lobbycracia-europea |date=22 July 2011 }} – Aparicio Caicedo, analyst, Gertrude Ryan Law Observeratory, opinion piece in Legal Today magazine.</ref> (a process known in jargon as "[[comitology]]").<ref>{{cite web|publisher=Europa (web portal)|title=Glossary: Comitology|url=http://europa.eu/scadplus/glossary/comitology_en.htm|access-date=18 June 2007|url-status=dead|archive-url=https://web.archive.org/web/20070629121630/http://europa.eu/scadplus/glossary/comitology_en.htm|archive-date=29 June 2007}}</ref> Furthermore, the commission is responsible for the implementation of the [[EU budget]], ensuring, along with the [[Court of Auditors]], that EU funds are correctly spent. In particular the commission has a duty to ensure the treaties and law are upheld, potentially by taking member states or other institutions to the [[European Court of Justice|Court of Justice]] in a dispute. In this role it is known informally as the "Guardian of the Treaties".<ref name="Europa Institutions"/> Finally, the Commission provides some [[foreign relations of the European Union|external representation]] for the Union, alongside the member states and the [[Common Foreign and Security Policy]], representing the Union in bodies such as the [[World Trade Organization]]. It is also usual for the President to attend meetings of the [[G7]].<ref name="Europa Institutions"/>
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