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Effect online assignment 1 European law

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In de eerste opdracht van Europees recht stond, The political control over the European Commission through the motion of censure in the EU Treaties is insufficient in ensuring that the European Commission is democratically accountable, centraal

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December 2, 2021
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Written in
2020/2021
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Online assignment 1
The role of the European Commission under the treaties is unique. The Commission has the
executive tasks. It has a near-monopoly on introducing proposals for EU legislation. The
Commission also has a monopoly on negotiating international treaties on behalf of the
European Union. Other overall tasks are the promotion of the general interest, ensure and
oversee the application of the treaties, execute the budget, have managing functions, ensure
the external representation and initiate the European Union’s annual and multi-annual
programming.1
As said has the Commission the responsibility for day-to-day management of the European
Union but the political control over this body through the motion of censure in the EU
Treaties is insufficient in ensuring that the Commission is democratically accountable.

Because of the role of this not directly elected body is it even more important that it’s
accountability towards the directly elected parliament is well organized. The commission, as
a body, is accountable to the European Parliament. The parliament may vote on a motion of
censure of the Commission.2 Such motion can provide to remove the whole commission and
requires a two-thirds vote of Members of the parliament. An absence effectively counts as a
vote to keep the Commission in office. Not only has ever passed a censure vote but the
Treaties provide that in event of censure or mass resignation, the Commissioners continue
to remain in office until they are replaced. This can raise questions about democratic
legitimacy of the still in charge Commissioners.

The treaties provide the removal of individual commissioners who are guilty of misconduct.
This procedure has not been used ever and has to be applicated to the Court of Justice by
the Council or Commission itself. Moreover, the European Parliament cannot demand the
removal of individual Commissioners. So, the only body in European politics, the parliament,
which is directly elected by the citizens of Europe cannot decide over the individual removal
of the Commissioners who cannot do their job. Which casts doubt on the political control of
the Parliament over the Commission.




1
Article 17 (1) TEU
2
Atricle 17 (8) TEU and Article 234 TFEU
R131,93
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