So that it can play its role as guardian of the Treaties and defender of the general interest the Commission has been given a right of initiative which empowers and requires it to make proposals on the matters contained in the Treaty, either because the Treaty expressly so provides or because the Commission considers it necessary.
This power of initiative is exclusive in respect of Community matters, the principle being that the Council takes decisions only "on a proposal from the Commission", so that there is a coherent framework for all initiatives.
Under the common foreign and security policy the Commission may make proposals, as may the Member States. On the other hand it has no such right in certain matters relating to justice and home affairs.
The Council and the European Parliament may also ask the Commission to put forward a proposal if they consider it necessary.
The right of initiative is regarded as a basic element in the institutional balance of the Community.
The Treaty of Amsterdam has extended the Commission's right of initiative to the new policies (health and employment), to matters relating to the free movement of persons, and to the third pillar. In the case of the third pillar, the Commission shares the right of initiative with the Member States.
See:
Area of freedom, security and justice
Common foreign and security policy (CFSP)
European Commission
Justice and home affairs (JHA)
Pillars of the European Union
Single institutional framework