Policy Brief November 2006 The King Baudouin Foundation and Compagnia di San Paolo are strategic partners of the European Policy Centre The European Commission at 27: between reshuffle and reform By Antonio Missiroli Background In a few weeks, with the accession the next Commission takes office in With the Constitutional Treaty of Bulgaria and Romania to the 2009, the number of Commissioners still in the ‘deep freeze’, it is European Union on 1 January should be “less than the number not clear whether or when these 2007, the European Commission of Member States” and that they provisions will apply, and the will – like the EU itself – have should “be chosen according to issue remains unresolved. 27 members. a rotation system based on the principle of equality”. Precisely The only concrete proposal so far The appointment of the two new how this should be done will, to salvage the main elements of Commissioners has triggered a according to the Protocol, be the Constitution – namely, French minor reshuffle of the existing decided by unanimity. Interior Minister and Presidential College, with a partial reallocation hopeful Nicolas Sarkozy’s plan of portfolios to make room for the How many Commissioners? for a “mini-Treaty”, unveiled in newcomers. It has also triggered Brussels in September – challenges a new round of hearings in the The European Convention that these provisions on the grounds European Parliament, at which drafted the EU’s Constitutional that they would not guarantee MEPs will scrutinise the two Treaty proposed a two-tier system either the College’s effectiveness nominees. But it has not, as some which would include some or its legitimacy. had hoped, paved the way for a Commissioners with voting comprehensive ‘mid-term review’ rights and others without. Mr Sarkozy suggests that, instead, of the entire Commission. a “conceptual leap” is required However, this proposal was to move to a new system under Last but certainly not least, this rejected by the subsequent which the Commission President further enlargement of the Union Intergovernmental Conference, would choose his or her team and the Commission means that which agreed instead that the “freely” and then submit it to EU governments will soon have to first Commission appointed after the Council and Parliament for begin to address the broader and the new treaty entered into force approval. In doing so, he or she sensitive issue of the Commission’s would still consist of one national would, of course, have to take overall size and structure. from each Member State, but various factors into account, the following one (from 2014) including the balance “between This is a consequence of the Protocol would include a total number of the Member States and between attached to the Nice Treaty which Commissioners “corresponding the political families”. But no prescribes that as soon as the EU to two-thirds of the number of formally-binding rules would moves beyond the critical threshold Member States…selected…on the be established, thus making the of 27 members, or at any rate before basis of a system of equal rotation”. President fully accountable for the composition and structure before an additional country (such in an ’ever wider’ Europe. of the College. as Croatia) joins the Union. This analysis, based on a Whatever one may think of In other words, the immediate brainstorming session recently Mr Sarkozy’s proposals, the upshot question of the reshuffle – with organised by the European Policy is that there is currently no agreed all its intra- and inter-institutional Centre, tries to connect all the blueprint on the table – apart from ramifications – leads into the dots, raises questions and discusses the legal obligation to take a broader issue of the Commission’s a number of developments and decision by June 2009 and/or internal functioning and organisation possible options. State of play The newcomers At any rate, both the Commission of the whole College by the and Parliament appear to have a Parliament, possibly leading up Commission President José strong interest in ensuring that to a second vote of confidence. Manuel Barroso made it clear the process comes to a smooth But he could have acted differently some time ago that he expected conclusion and the enlarged and, if other Commissioners leave Bulgaria and Romania to put College of 27 Commissioners the team (for whatever reason) over forward high-profile candidates – is in place on 1 January 2007. the next few months, he still might. and preferably more than one from each capital – with a view In deciding how to incorporate That would be the ideal occasion to making his own choice. the two new Commissioners in for the President to reorganise his his team, President Barroso had College around five/six main policy The request for more than one two main options. areas, and give responsibility for name fell on deaf ears, since them to a few senior Commissioners domestic politics in both countries He plumped for the one that acting as team or ‘cluster’ leaders. (as elsewhere in the EU, for that was easiest to achieve: namely, matter) still required prior a minor reshuffle. Its success The customary objection to doing agreement on a single candidate. depended on the readiness this is that all Commissioners are However, following initial criticism of those Commissioners who equal: an explicit hierarchy would, of the first Romanian name, a would lose part of their in other words, infringe a funda- second candidate was rapidly portfolios to make room for mental principle of the College. proposed – and accepted by the newcomers to put a brave (This, incidentally, is also why the Mr Barroso. face on this, and this required Convention’s blueprint did not fly.) skilful management by the As expected, the portfolios for President. Mission accomplished. This is true in theory, wrong Meglena Kuneva (Bulgaria) and in practice. Not only has Leonard Orban (Romania) have The other option would have been the Commission always had been carved out from those of to carry out a major reshuffle of Vice-Presidents (from both big existing Commissioners. While the entire College: the Barroso and small countries, and regardless Ms Kuneva’s brief (consumer Commission has reached ‘mid-term’ of the weight of their respective protection) came as no surprise, and the President could have seized portfolios), but also, more recently, the decision to give Mr Orban this unique opportunity to assert his ‘clusters’ of Commissioners have responsibility for the previously authority inside and outside the been formed and accepted. unheard of ‘multilingualism’ College, set a precedent for the dossier was greeted with future, and prepare his team for the When Romano Prodi was some puzzlement. second and conclusive part of their Commission President, for term of office. Mission impossible? example, Chris Patten acted The ball is now in the European as the ‘senior’ Commissioner Parliament’s court: its verdict on The Commission President now for foreign affairs and main individual Commissioners is not has the power to reallocate interlocutor with Javier Solana, legally binding, but President responsibilities within his team, even though he was not a Barroso could not ignore a but he needs convincing reasons Vice-President. In the Barroso negative opinion on one or for doing so. Mr Barroso chose College, the President himself both of the nominees – especially instead to limit the reshuffle to a leads two sub-groups (on foreign in light of the precedent set by minimum, probably at least in part affairs, again, and on the Lisbon the ‘investiture crisis’ in 2004. to avoid a broader re-evaluation Agenda), while Vice-President Franco Frattini has been tasked Commission proposals. foreign (and even prime) ministers with coordinating colleagues’ Co-decision has increased in the College’s history. Despite work on immigration-related issues. in scope but decreased in size: the higher domestic political profile it remains to be seen what of its members, their focus and The College at mid-term consequences this will have image now seem to be more sectoral. for the overall functioning of At any rate, with the Barroso the inter-institutional ‘triangle’. Finally, there are question marks Commission now halfway through over the role of the cabinets. its mandate, it is appropriate to Moreover, the enlarged Commission The decision to put them all carry out a ‘stock-taking’ of how it appears to be holding fewer under one roof once again in has functioned to date – all the substantive collegial debates the refurbished Berlaymont more so since this has been the than previously. Sensitive issues building does not seem to first College to operate at 25 and and proposals are dealt with in have produced any noticeable under the Nice Treaty provisions. advance and on a bilateral basis effect yet in terms of enhancing by the President and the relevant ‘horizontal’ cooperation among Over the past two years, the Commissioner(s), and then Commissioners and among their Commission has ‘fed’ the submitted for collective approval. aides. On the contrary, their rigid Parliament and Council of ‘vertical’ separateness hampers Ministers with far less draft This may well reflect President collegiality while leading to legislation than before. This is Barroso’s own leadership style, a kind of ‘Planet Berlaymont’ in part due to the simple fact but it is also a side-effect of the syndrome in which Commissioners that the bulk of internal market increased size of the Commission and cabinets risk becoming legislation was pushed through itself, which makes it more detached from their services. by the two previous Colleges, difficult to manage broad but it is also partly the result of discussions on policy – and this Moreover, despite the reforms a political choice.