European Law Law Essay Research Paper Coursework Term Paper

“The discretion given to the Commission to launch an enforcement action against Member States who allegedly do not fulfil their EU obligations is criticized. Some scholars allege that such discretion dilutes the effectiveness of EU law enforcement. Others, such as the European Ombudsman find that the Commission does have a very broad discretion and some of its decisions seemed ‘tantamount to an abdication from its role as guardian of the Treaties.’ (3307/2006/(PB)JMA – European Ombudsman)”
Critically discuss this statement. In your argument, propose a change as to how the Commission should act upon discovering suspected breaches by fully exercising the role as guardian of the Treaties.
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Introduction
European Commission, EC, is an executive branch of the European Union, EU. It has several mandates to ensure the smooth running of the EU by guarding the treaties. The Commission has legislative, executive, and enforcement powers, too (Ludlow, 2018). The European Council, hypothetically, has the upper hand on executive powers compared to the Commission because the council has the mandate to appoint the Commission. The Commission, therefore, has a limit in exercising its executive power ("Infringement procedure," n.d.). On the legislative grounds, the Commission is the only EU branch that proposes and formulates laws. The council and the parliament then pass the legislation. Once passed, the Commission then enforces the laws. This means that the Commission has the mandate to launch a complaint against a member country against the union's laws and agreements. However, there is in-depth criticism against the Commission's mandate to establish complaints against the member states that do not fulfill the union's obligations. Some intellectuals believe that the duty weakens the power of the union's law enforcement. Simultaneously, the European Ombudsman thinks that the Commission's task is limited, and some of its decisions do not bear fruits as a watchdog of the treaty. This essay discusses the discretion given to the Commission and the extent of the discretion's practicality, application, and effectiveness. The paper will then propose changes in how the Commission should discover suspected breaches by fully exercising the role as guardian of the Treaties.
Independent branches make every government or big unions like the European Union, and the Commission is one of the EU's units. The Commission is a vital branch that ensures that all countries adhere to the treaties' provisions that formed the union (De Schutter, 2017). Lisbon's treaty expanded the Commission's functions by snatching the council some of the powers, then bestowing them to the Commission. Its functions are divided into three primary functions: executive powers, legislative mandate, and enforcement discretion.
Executive functions
The union council was responsible for performing executive function before the Lisbon treaty; hence, it had a full organizational mandate. The Lisbon treaty gave the Commission the executive order, though with some boundaries like the power of foreign policy, where the Commission has no jurisdiction. That is the power of the council only. The Commission nonetheless holds a more significant share of the executive function to the extent that we can comfortably call it the European Government rather than a commission (Ludlow, 2018).
Legislative power
The Commission formulates policies and laws. This is the second mandate. The Commission has the sole privilege of producing formal proposals for legislation; no other union branch can propose legislation. However, an exception exists on common foreign and security policy as the treaty of Lisbon does not allow any legislation on that. The monopoly of legislation ensures that the EU laws are consistent and affects all member states equally. The parliament and the council have the final stamp to pass the legislation.
There have been complaints about the monopoly of legislation by the Commission ("Infringement procedure," n.d.). Some scholars feel that the council and the parliament should formulate policies. However, the two branches, parliament and the council, have a part to play in the legislation because they pass the laws proposed by the Commission. The parliament and the council can sometimes request the Commission to draft a proposal. In such a case, the Commission has the power to turn down the request. For example, in 2008, the Commission turned down the parliament's request and the council on transnational collective conventions. Citizens of the member states can also launch a proposal for legislation by the Commission through one million signatures, but it is not binding either. These are ways to break the monopoly on legislation.
The legislation is a powerful function, and the Commission proposes legislation based on strengthening the European economy. The guiding principle of legislation is the precautionary measure. The European market is vast, meaning it shapes the world's market legislations. Some of the legislations consider climate change and carbon emission, and the Commission currently has promised the union a vast reduction of carbon emission until 2050 (Nugent & Rhinard, 2015). The legislation that the Commission proposes is always stricter than other countries; hence, it is effective.
The enforcement mandate
The Commission has the obligation of ensuring the laws apply in all member states. This is a follow-up function to safeguard the legislations the Commission proposes is not in vain. To ensure the success of enforcement, the Commission works with the member states and agencies. A committee consisting of representatives from member states, the private and public sector also help the Commission in the enforcement function. The Commission also oversees the EU budget. It works together with court auditors to ensure that the funds are not misappropriated (Nugent & Rhinard, 2015).
The Commission generally ensures that the treaties binding the member states are in effect and takes top court any member against, hence the title guardian of treaties. It also represents the union in international functions like the World Trade Organization function and attending G8 meetings.
Effectiveness of the functions of the Commission
Several scholars criticize the above-discussed mandates and the discretion of the European Commission. The Commission has a wide scope, but most are ceremonials because some factors affect its discretion. The Commission has the mandate to take to court any member state that fails to follow the binding treaties. This has proven to be a very tough job, mainly because the Commission does not have the power to arrest any perpetrators of the region's laws.
The Commission is an independent branch, but the council forms it. The council appoints the president through a consensus and then forwards the name to the parliament for confirmation. If the parliament turns down the name, the council embarks on choosing another president within a month. The candidates for the Commission's presidential commissions have always been leading politicians, although it is not a requirement (Batory, 2016). This is a chance for biasness in appointments because politicians are still opini...