European Economic and Social Committee (EESC)

SUMMARY OF:

Rules of Procedure of the European Economic and Social Committee – May 2022

Article 300 Treaty on the Functioning of the European Union (TFEU) – the EU’s advisory bodies

Article 301 TFEU (ex Article 258 TEC) – the European Economic and Social Committee

Article 302 TFEU (ex Article 259 TEC) – the European Economic and Social Committee

Article 303 TFEU (ex Article 260 TEC) – the European Economic and Social Committee

Article 304 TFEU (ex Article 262 TEC) – the European Economic and Social Committee

Article 13 Treaty on European Union – Provisions on the institutions

WHAT IS THE AIM OF THE ARTICLES AND THE RULES OF PROCEDURE?

Article 300 of the Treaty on the Functioning of the European Union (TFEU) states that the European Parliament, the Council of the European Union and the European Commission are assisted by the European Economic and Social Committee (EESC), acting in an advisory capacity. The EESC consists of representatives of organisations of employers, of employees and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas. EESC members are not bound by any mandatory instructions and are completely independent in the performance of their duties, in the EU’s general interest.
Article 301 TFEU lays down the maximum number of members of the EESC. It states that the Council unanimously adopts a decision fixing the EESC’s composition and determines its members’ allowances.
Article 302 TFEU sets out the length of EESC members’ appointments (which are renewable) and the appointment process, which is conducted by the Council after consulting the Commission.
Article 303 TFEU states that the EESC elects its president and adopts its rules of procedure.
Article 304 TFEU states that the EESC can be consulted by the Parliament, the Council or the Commission where the treaties so provide and in all cases in which they consider it appropriate. It may also issue own-initiative opinions whenever they consider such action appropriate. EESC opinions are forwarded to the Parliament, the Council and the Commission.
Article 13 of theTreaty on European Union lists the European Union (EU) institutions and states that the Parliament, the Council and the Commission are assisted by the EESC and the European Committee of the Regions, acting in an advisory capacity.
The EESC rules of procedure set out how the body operates and organises itself. They are adopted by the EESC assembly by an absolute majority.

KEY POINTS

The rules of procedure codify the EESC’s internal operational rules and complement the foundational rules set out in the Treaty on European Union and the TFEU.
The rules of procedure include a code of conduct for members covering:
- ethical standards;
- financial transparency;
- non-discrimination;
- equal opportunities;
- dignity in the workplace;
- sanctions for breaching the code.
The code of conduct also establishes an ethical committee.

Members

The EESC includes the following three groups.
- Employers’ organisations. Members from private and public sectors of industry, small businesses, chambers of commerce, wholesale and retail trade, banking and insurance, transport and agriculture (Group I).
- Employees. Members from national trade union organisations, both at the level of confederations and of sectoral federations (Group II).
- Civil society organisations. For example, farmer and consumer organisations, small businesses, the crafts sector and liberal professions and non-governmental organisations in the field of social and environmental protection (Group III).

Members do not need to belong to any of the three groups. Members not belonging to a group have the same rights and obligations as those belonging to a group. New rules have been introduced regarding the participation of non-attached members in study groups, their appointment as rapporteurs and their participation in plenary sessions.
EESC members are proposed by the governments of the EU Member States and are appointed by the Council for 5 years. Decision (EU) 2019/853 sets the current number of members at 329 following the United Kingdom’s withdrawal from the EU. Article 301 TFEU provides for a maximum of 350 members. The current breakdown of members by country is as follows:
- 24 for Germany, France and Italy;
- 21 for Spain and Poland;
- 15 for Romania;
- 12 for Belgium, Bulgaria, Czechia, Greece, Hungary, Netherlands, Austria, Portugal and Sweden;
- nine for Denmark, Ireland, Croatia, Lithuania, Slovakia and Finland;
- seven for Estonia, Latvia and Slovenia;
- six for Cyprus and Luxembourg;
- five for Malta.
The three groups elect their presidents and vice-presidents for a term of 2.5 years. They participate in the preparation, organisation and coordination of the EESC’s business.
The 2022 edition of the rules introduces a new majority threshold for the adoption of the motion of no confidence, which is now two thirds of the votes cast.

The EESC’s role in the legislative procedure

The EESC produces opinions at the request of the Parliament, the Council or the Commission.
It also prepares evaluations of EU policies or legal instruments already being implemented, which may take the form of opinions or evaluation reports.
It may also deliver opinions on its own initiative, exploratory opinions at the request of the EU institutions or the Presidency of the Council of the European Union and information reports or resolutions on any questions relating to the tasks assigned to the EU.

Organisation

The EESC consists of the following bodies.

The EESC plenary assembly of all members, which meets in nine sessions each year.
The presidency, comprising the president and the two vice-presidents.
The president, who:
- directs the work of the EESC;
- represents the EESC in its external relations;
- reports to the EESC on action and measures taken on its behalf;
- presents a work programme at the start of the term of office and reviews achievements at the end of the term.
Two vice-presidents, respectively in charge of budget and communication.
The enlarged presidency, comprising the president, the two vice-presidents and three group presidents, which:
- prepares the work of the bureau and the assembly;
- facilitates the necessary decisions in cases of urgency or extraordinary circumstances.
The bureau, which has political responsibility for the general management of the EESC and consists of:
- the president and the two vice-presidents;
- the three group presidents;
- the six section presidents;
- a variable number of members, which cannot exceed the number of Member States.
The 2022 edition of the rules details the procedures for the election of bureau members.
The legislative sections, whose task it is to draw up opinions or information reports on questions referred to them. There are six sections:

The EESC may also set up consultative commissions comprising EESC members and delegates from areas of civil society that the EESC wishes to involve in its work. The Consultative Commission on Industrial Change examines changes in industry across a wide range of sectors. It is a distinct body within the EESC and has a remit extended to all sectors of industry in both manufacturing and services. The disparity between the status of the EESC legislative sections and the commission has been addressed in the 2022 rules of procedure, providing more transparency on their roles and objectives.

The EESC also has:

three observatories on:
two ad hoc groups on:
- the European semester,
- fundamental rights and the rule of law;
a liaison group, whose task is to interact with European civil society organisations and networks not represented in the EESC assembly and to monitor joint initiatives.

The EESC is supported by a permanent secretariat, led by a secretary-general who is appointed by the bureau. The EESC shares some of its services (translation, IT, logistics) with the European Committee of the Regions.

FROM WHEN DO THE RULES OF PROCEDURE APPLY?

The current rules have been in force since 1 June 2022.

BACKGROUND

The EESC is based in Brussels.

For further information, see:

Our work (European Economic and Social Committee).

MAIN DOCUMENTS

Rules of procedure and code of conduct for members of the European Economic and Social Committee (MAY 2022) (OJ L 149, 31.5.2022, pp. 1–54).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 3 – The Union’s advisory bodies – Article 300 (OJ C 202, 7.6.2016, p. 177).

Article 301 (ex Article 258 TEC) (OJ C 202, 7.6.2016, p. 177).

Article 302 (ex Article 259 TEC) (OJ C 202, 7.6.2016, p. 178).

Article 303 (ex Article 260 TEC) (OJ C 202, 7.6.2016, p. 178).

Article 304 (ex Article 262 TEC) (OJ C 202, 7.6.2016, p. 178).

Consolidated version of the Treaty on European Union – Title III – Provisions on the institutions – Article 13 (OJ C 202, 7.6.2016, p. 22).