18 Chapter 1The legal system
discovered that this figure was not reached, then the proposal voted upon will not be
regarded as having been accepted.
Article 11 of the Treaty of Amsterdam gives effect to the Luxembourg Accord and allows
any Member State to argue that unanimity, rather than a qualified majority vote, should be
required on any particular proposal. When such an argument is raised, the Council will
delay taking a vote in order to allow the dissenting State to gain the support of other
Member States. However, if it is unsuccessful in this, the issues will in any event be resolved
by a qualified majority vote.The European Commission
Twenty-seven individual commissioners are appointed by the Member States to serve in a
full-time capacity for a term of five years. When these commissioners act collectively they
are known as the European Commission, which is generally abbreviated to the Commis-
sion. Each commissioner also has individual responsibility for a particular matter, such as
agriculture. The Commission is supported by large executive and administrative systems.
The commissioners are expected to act completely independently of their Member States
but in practice tend to guard the independence of their Member States. They are selected on
political grounds, and all UK commissioners have previously played a leading role in UK
politics.
The most powerful position in the EC is the President of the Commission. The President
is the figurehead of the EC and has a strong political influence upon it. The Council selects
the President and the appointment must then be approved by the European Parliament.
The Commission is involved in broad policy-making. It prepares specific proposals to be
submitted to the Council. It drafts secondary legislation in accordance with powers which
have been delegated to it. The Commission ensures that the Treaties are observed and
has the power to start proceedings against Member States which infringe the Treaties. It
commissions research and prepares reports on matters which concern the Community and
negotiates with non-Member States on these matters. It also prepares the draft Community
budget.The European Parliament
Members of the European Parliament (MEPs) are elected directly by Member States, using
a system of proportional representation. Elections are held every five years. The UK elects
72 out of the 736 MEPs who make up the Parliament. The MEPs do not sit in blocks repre-
senting their Member States, but in blocks representing seven Europe-wide political groups.
It is perhaps surprising that the European Parliament does not have the power to initiate
and pass legislation on its own. Generally, the power to pass legislation is shared by the
Parliament and the Council. One of the Parliament’s most significant powers is to approve
or amend the EC budget. The Commission prepares a draft budget, which is submitted to
the Council and then to the Parliament. The Parliament must approve, amend or reject the
budget within 45 days.
The Parliament must approve the Commission when it is first appointed and must also
approve the new President. It must also approve the accounts of the Commission and new
appointments to the Commission. Article 201 of the EC Treaty gives the Parliament the
power to pass a vote of censure to dismiss the Commission. Such a vote must be passed by
a two-thirds majority. In January 1999 a vote to remove the Commission on account of
nepotism and corruption failed. Two hundred and thirty two MEPs voted for removal, 293
voted against. However, the whole of the Commission resigned in March 1999, on publica-
tion of a report made by an investigative committee.