Why? Because there is no such legal basis. I've looked carefully, and there is definitely no specific legal basis for extending the term of the Commission under these circumstances, not even in a "caretaker format". And over two weeks ago I emailed the office of Commissioner Neelie Kroes about it, and the bloke (one Jonathan Todd) broke off the exchange when I posed the question: "But on what legal basis could the Council of Ministers authorise the present Commissioners to remain in post beyond the end of their five year term, which expires on October 31st?" So all their actions and decisions would be unlawful, and open to legal challenge. Still, who cares? Will Brown be saying to Miliband: “Hold on, David, are you quite sure th this is legal? Because remember that Parliament has incorporated the EU treaties into British law, so just as I’m bound by British law I’m bound by t e treaties, and I wouldn’t want to agree to anything of dubio legality.” Of course not; he doesn’t give a damn, as lo as he thinks he can get away with it, and nor does Miliband. Anyway, they think can do whatever they please by invoking Article 308 TEC, on pdf page 179 here: http://eur-lex.europa.eu/Le xUriServ/LexUriServ.do?uri=OJ:C:2006:321E:0001:0331:EN:pdf "If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures." Although in this case they might have a problem consulting the European Parliament before midnight on Saturday. “An extension to the mandate of the 27 membe of the European Commission, which elapses on Saturday, is expected to be approved by EU leaders meeting for a crucial two-day summit in Brussels today. The move is a result of the latest institutional hiccup surrounding the Lisbon Treaty after Czech President Vaclav Klaus refused to sign the document before getting an opt-out of the fundamental rights charter. “According to the draft summit conclusions, leaders will be proposing an extension to the current Commission to serve in a caretaker format until the new treaty enters into force,” an EU official sa yesterday. This means the EU Executive, which includes Commissioner Joe Borg, will remain in office until the treaty is completely signed off and a new Commission appointed. The official said it was not yet known how long the present Commission would remain in office: “It will surely be some mo months, although EU leaders are not expected to enter into timeframes. The current Commission will serve as long as necessary, possibly even until March”.”
Thursday 29 October 2009
Extending the term of the EU Commission
EU official helpfully tells the Times of Malta about one item in the draft conclusions of the two day EU summit which starts today, but without specifying the legal basis in the treaties for the decision that is expected to be taken.
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