TITLE VI - THE FUNCTIONING OF THE UNION
CHAPTER I - PROVISIONS GOVERNING THE INSTITUTIONS
SECTION 1 - THE INSTITUTIONS
Subsection 4 - The European Commission
ARTICLE III-347
The members of the Commission shall refrain from any action incompatible with their duties. Member States shall respect their independence and shall not seek to influence them in the performance of their tasks.
The members of the Commission shall not, during their term of office, engage
in any other occupation, whether gainful or not. When entering upon their duties
they shall give a solemn undertaking that, both during and after their term
of office, they will respect the obligations arising therefrom and in particular
their duty to behave with integrity and discretion as regards the acceptance,
after they have ceased to hold office, of certain appointments or benefits.
In the event of any breach of these obligations, the Court of Justice may, on
application by the Council, acting by a simple majority, or the Commission,
rule that the person concerned be, according to the circumstances, either compulsorily
retired in accordance with Article III-349 or deprived of his or her right to
a pension or other benefits in its stead.
ARTICLE III-348
1. Apart from normal replacement, or death, the duties of a member of the Commission shall end when he or she resigns or is compulsorily retired.
2. A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the member's term of office by a new member of the same nationality appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in Article I-26(4).
The Council may, acting unanimously on a proposal from the President of the
Commission, decide that such a vacancy need not be filled, in particular when
the remainder of the member's term of office is short.
3. In the event of resignation, compulsory retirement or death, the President
shall be replaced for the remainder of his or her term of office in accordance
with Article I-27(1).
4. In the event of resignation, compulsory retirement or death, the Union Minister for Foreign Affairs shall be replaced, for the remainder of his or her term of office, in accordance with Article I-28(1).
5. In the case of the resignation of all the members of the Commission, they
shall remain in office and continue to deal with current business until they
have been replaced, for the remainder of their term of office, in accordance
with Articles I-26 and I-27.
ARTICLE III-349
If any member of the Commission no longer fulfils the conditions required for the performance of his or her duties or if he or she has been guilty of serious misconduct, the Court of Justice may, on application by the Council, acting by a simple majority, or by the Commission, compulsorily retire him or her.
ARTICLE III-350
Without prejudice to Article I-28(4), the responsibilities incumbent upon the Commission shall be structured and allocated among its members by its President, in accordance with Article I-27(3).
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 or her authority.
ARTICLE III-351
The Commission shall act by a majority of its members. Its Rules of Procedure shall determine the quorum.
ARTICLE III-352
1. The Commission shall adopt its Rules of Procedure so as to ensure both its own operation and that of its departments. It shall ensure that these rules are published.
2. The Commission shall publish annually, not later than one month before the
opening of the session of the European Parliament, a general report on the activities
of the Union.