The role of the European Commission in EU constitutional law

Abstract

This thesis studies the variety of roles which the European Commission plays in the Constitutional Law of the European Union and questions whether the current system needs to be reformed. It includes a study of the European Commission's legislative, executive and judicial functions. The first part concerning the legislative functions details the powers of initiative and policymaking, the involvement of the Commission in the various law-making processes and the exercise of delegated legislation. At the same time the thesis takes a look at the democratic legitimacy, or lack of it, of the Commission in this area and on how the Commission is trying to close the democratic deficit within it. The discussion then falls on the executive powers of the Commission, thus its hand in the Community's budget and in external relations both present and future. The third part discusses the role of the Commission as guardian of the Treaties and its various powers of enforcement. This part will also discuss the importance that the Commission be independent while exercising these roles. In concluding it would seem that a need for reform is indeed required and a way on how to have a working, more-democratic institution is proposed at the end of the thesis.