Treaty provisions on the next European Commission and its President

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1) Nomination of the new Commission

A new Commission takes office on 1 November, date foreseen in the Accession Treaty. Under the rules of the Treaty of Nice this Commission will be composed of 25 Commissioners (one from each Member State). The procedure and time-table for appointing the next Commission are the following:

The European Council nominates the person it intends to be the next Commission President. This can happen by qualified majority (Treaty of Nice).

20 July: the new European Parliament following the June elections meets. It votes on whether to approve the nominee for Commission President.

Next, the Council draws up a list of 24 designated Commissioners in agreement with the nominee for President. This list contains one Commissioner per Member State. It is based on proposals by the Member States and can be drawn up by qualified majority. Once this has happened, the President-designate will propose portfolios for the candidate-Commissioners.

Early October is the proposed date for the hearings of the new Commissioners by the European Parliament. After the hearings, the President and the other Members of the Commission are subject as a body to a vote of approval by the European Parliament. The EP cannot vote to exclude individual members. After a vote of approval in the European Parliament, the President and the other Members of the Commission shall be appointed by the Council. This can happen by qualified majority.

1st November 2004: New 25-member College takes up office.

2) Powers of the President

Article 217 as amended by the Treaty of Nice reads as follows:

1. The Commission shall work under the political guidance of its President, who shall decide on its internal organisation in order to ensure that it acts consistently, efficiently and on the basis of collegiality.

2. The responsibilities incumbent upon the Commission shall be structured and allocated among its Members by its President. The President may reshuffle the allocation of those responsibilities during the Commission's term of office. The Members of the Commission shall carry out the duties devolved upon them by the President under his authority.

3. After obtaining the approval of the College, the President shall appoint Vice-Presidents from among its Members.

4. A Member of the Commission shall resign if the President so requests, after obtaining the approval of the College.

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• EP - Election of the European Commission (22/10/2004)
• Statement by President Prodi on the designation of José Manuel Durão Barroso (28/6/2004)
• Message of the President regarding the Agreement on the Constitutional Treaty (21/6/2004)