CIPP/E Study Guide
Ch 2.5 - European Commission

European Commission

The European Commission is the EU's executive body but also far more: it holds the right to initiate legislation ('Union legislative acts may only be adopted on the basis of a Commission proposal'), acts as guardian of the treaties, and can fine a member state for non-compliance. It has one commissioner per member state, each expected to be independent of their home country and approved by Parliament. On data protection it is the most active institution: it drove the original 1990 proposal and the 2012 reform (GDPR/LED), and it adopts adequacy findings.

The European Commission is often called the EU's executive body, but that label is too narrow. Its functions also include ensuring the application of the treaties, executing the budget, managing programmes, and ensuring the Union's external representation (except common foreign and security policy).

The Commission's three defining powers

(1) Right of legislative initiative - 'Union legislative acts may only be adopted on the basis of a Commission proposal'. (2) Guardian of the treaties - it monitors compliance and can impose a fine on a member state (Articles 226/228 TFEU). (3) Adopts adequacy findings for non-EU countries.

  • Created as a single Commission in 1965 when the executive bodies of the ECSC, EEC and Euratom merged
  • One commissioner per member state; commissioners must be independent and owe no allegiance to their home country
  • Commissioners are nominated by states but cannot take office without Parliament's approval; Parliament also oversees the Commission
  • Historically the most active EU institution on data protection - drove the 1990 proposal and the 2012 reform (GDPR and LED)
  • Adopts adequacy findings (including for the UK post-Brexit) and enforces the Charter

Key terms - quick answers

What is “European Commission”?
The EU's executive body; holds the right of legislative initiative, acts as guardian of the treaties, and adopts adequacy decisions.
What is “Guardian of the treaties”?
The Commission's role of monitoring compliance by institutions, member states and natural/legal persons, with power to act against breaches.
What is “Adequacy finding”?
A Commission decision that a non-EU country provides an adequate level of data protection by EU standards, easing data transfers.
What is “Right of legislative initiative”?
The power to propose legislation - held by the Commission; Union legislative acts may generally only be adopted on a Commission proposal.