Introduction

Stiftung Wissenschaft und Politik German Institute for International and Security Affairs

The Future The Debate Regarding Leadership, Collegiality and Tasks

Andreas Maurer, Sarah Reichel, and Alexandra Jonas SWP Comments

Following the ’s approval, a new European Commission will start its work on November 1st in Brussels under the direction of Jose Manuel Durao Barroso of Portugal. Barroso announced a Commission that would be defined by leadership, vision and collegiality. These buzz words should be quickly filled out with concrete objectives for the decision-making process. Given the size and heterogeneity of the Commission, Barroso and his team have to deliver convincing proof of their determi- nation to take responsibility for the core functions of the Commission as a team. This implies, above all, focusing on the general interest of the European Union and demon- strating a willingness to strengthen the Commission’s role as the engine of integration, the initiator of legislation, and the guardian of the treaties and community law.

At the end of July the newly elected Euro- In particular, this applies to the assignment pean Parliament agreed to the nomination of tasks and portfolios, and because parlia- of the Portuguese Prime Minister to the mentary approval of the Commission as a post of President of the European Com- whole is necessary, the President has a mission. Thereafter, Barroso selected the higher personal responsibility to the Mem- other 24 members of the Commission in bers of Parliament. With these arrange- consultation with the governments of ments the future President of the Commis- the member states. The hearings with the sion is now in a key position between the nominated Commissioners will take place Council of Ministers and the European from September 27 to October 7 in the Council on the one hand and Parliament parliamentary committees corresponding on the other. to their portfolios. The nominees as a group Against the background of this configu- will then be subject to parliamentary ration the public debate about the new approval during the plenary sitting from Commission introduced important ques- October 25 to 28. tions, but they were not thoroughly dis- Under the Treaty of Nice, the new Presi- cussed: Does Barroso have the leadership dent of the Commission has the explicit qualities that he himself has praised and power to politically direct the other Com- how can he put into practice his leadership mission members (Article 217 EC Treaty). rights provided for by the Treaty in the

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1 course of the nomination process as well as members, Barroso and the member state in daily routines of the Commission? Is the governments were requested to take into proposed team prepared for the challenges consideration the results of the election to of the upcoming mandate period from 2004 the EP and the balance of power in the to 2009? Do the nominated commissioners Parliament. Second, the proportion of share the same political vision to the extent women in the Commission is supposed to necessary to carry out EU policy in collegial be increased. Third, the Commission should cooperation? be made up of people with prior experience in European institutions, be it as Members of Parliament, the Council of Ministers, the Interaction between Parliament, Commission or any other EU institution. the Council and the Commission The nominated Commissioners are The formal criteria for the selection of the subject to a second group of nomination commissioners and their approval are criteria, derived from Article 217 EC Treaty. defined by the EC Treaty: The Commission- The emphasis is on the examination of ers must demonstrate that they will act their professional competence. As a result “in the general interest of the Community of the intense questioning of individual [and] be completely independent in the candidates, and the accompanying ex- performance of their duties” (Article 213 EC change of opinions, the Parliament can Treaty). Throughout the years, further exercise indirect influence on the future criteria have developed from the investiture allocation of responsibilities within the procedure and Parliament’s right to subject Commission. The parliament expects the the Commission to a vote of no confidence. candidates to take a stand on concrete EU For example, certain constraints on the plans, some of which are already part of Commission President have been derived the legislative process, and to comment from the Parliament’s rules of procedure. on and explain their priorities for new In accepting Parliament’s internal rules, legislative initiatives in their respective Barroso had to decide early on the allo- portfolios. cation of portfolios in order to have suf- The parliamentary assessment catalogue ficient time to prepare for and carry out is supplemented and made more precise by the hearings. As a result of the hearings, a third group of criteria. The candidates the designated President will find out are asked to outline their general political which nominees or portfolios are the goals for their time in office, to take a stand objects of agreement or criticism. He can on critical political questions of the future then use this information to subsequently of the EU, and to signal a willingness to talk modify portfolios and programs without to Parliament with respect to interinstitu- damaging the principle of collegiality tional questions. To this end, the newly within the Commission. elected EP has defined two focal points: First, the candidates must indicate which of the provisions of the Draft Constitutional Parliament’s assessment factors Treaty should be implemented prior to the The Treaty of Maastricht introduced Treaty’s official ratification. Second, the the procedure by which the approval of the candidates must explain how they would Commission takes place after the formation go about accelerating the realization of the of the EP. This has led the EP to develop, Lisbon process. by means of resolutions to the investiture procedure, assessment factors which estab- lish a direct political relationship between EP and the Commission: First, regarding the nomination of the Commission

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2 Enlargement of the Commission Jacques Barrot, as vice-president but to give and member states’ demands him only the transport portfolio instead of Following the enlargement of the EU to 25 coordination tasks, has been received with member states, Barroso’s first practical disappointment in . It should not be test was the creation and justification of forgotten, however, that this portfolio has additional portfolios. In order to do this, the fourth largest budget and that trans- he first split up the following existing port- port and infrastructure policy will gain folios: transport and energy, agriculture additional importance in the context of the and fisheries, internal market and taxation, implementation of the Lisbon strategy. and budget and anti-fraud. In addition, he brought together institutional relations and communication strategies into one Political Profiles of the Commission single portfolio and thereby made them At times Barroso has been accused of more prominent. Until now, the tasks have putting together a Commission that is been divided between the Commissioners characterized by its liberal economic Ana Palacio and . Barroso inclinations and dominated by Christian appointed five vice-presidents due to the Democrats. This allegation cannot with- increased need for coordination in the stand closer scrutiny. His nominated team enlarged Commission. Moreover, he pro- consists of nine Christian Democrats and posed three commissioners, who though Conservatives, eight Social Democrats and not vice-presidents would be put in charge Socialists, seven Liberals and one member of coordination tasks within the Commis- of the Green Party. With regard to the can- sion (Ferrero-Waldner as deputy chair- didates’ expertise it has to be noted that person of the group of commissioners 15 of the 18 new commissioners (Almunia, for external relations lead by Barroso, Barrot, Dimas, Reding, Rehn, Verheugen Spidla for equal opportunities, and Borg and Wallström will stay in office) occupied for questions of maritime affairs). high-ranking posts in their home countries: With the increased number of vice- Three were prime ministers, eight were presidents and “coordination commis- ministers and one was president of parlia- sioners” Barroso succeeded in giving the ment. This line-up gives rise to the expec- demanded importance to the commission- tation of a more political rather than tech- ers of the bigger and ‘old’ member states nocratic Commission. The fact that only without disregarding the smaller and three of the nominated commissioners ‘new’ member states. Spain and Great have experiences as Members of the EP Britain were granted with two other (Buttiglione, Rehn, and Reding) is likely attractive posts. The governments of the to be met with criticism by the EP. member states offered Javier Solana, The fact that some of the new commis- the current High Representative for Com- sioners are very well known in their coun- mon Foreign and Security Policy (CFSP), tries will on the one hand add to the visi- the post of the future EU foreign minister. bility of the Commission, and on the other In this position he will also be in charge hand, depending on the popularity of the of the planned European Foreign Service commissioner, might evoke negative or (Article III-296 (3) Draft Constitutional positive associations. Given their reputa- Treaty) that will consist of representatives tions in their home countries, the unpopu- of the member states and the Council secre- lar Czech Vladimir Spidla (employment, tariat. The Briton Nick Witney was offered social affairs, and equal opportunities), responsibility for the management of the (trade), who was involved new European Defense Agency. in private scandals back in Great Britain, Barroso’s decision to appoint the present and Charlie McCreevy (internal market), French Commissioner for Regional Policy, who was fiercely criticized for the costly

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3 fiscal reforms that he enforced, are not the EU Foreign Minister, the current nomi- best choices for commissioners. In the case nee for Commissioner for Economic and of Mandelson this could have implications Monetary Affairs (Almunia) would have for the referendum on the Draft Constitu- to step down because Spain cannot occupy tional Treaty. two posts within the Commission since this would contravene the Treaty. It would therefore also be possible for Ferrero- Expertise and Waldner to take over the portfolio for Eco- Allocation of portfolios nomic and Monetary Affairs in 2007 and The designated commissioners will have to then the portfolio for EU Neighbourhood face questions in Parliament, especially con- Policy would be transferred to the EU cerning their expertise and their role in Foreign Minister. As a potential Commis- the interinstitutional framework of the EU. sioner for Economic and Monetary Affairs, Special attention will be paid to the nomi- Ferrero-Waldner would now have to answer nees in the fields of external relations as the questions of the responsible parliamen- well as internal market and services and tary committee. economic and monetary affairs. Another option would be the merger of the two external relations posts in favor of Ferrero-Waldner, the current nominees The EU’s management of for Commissioner for External Relations foreign policy in perspective and European Neighbourhood Policy. She On the basis of his comprehensive foreign would have the necessary expertise and policy experience, Barroso has reserved for Almunia could in this case retain his port- himself the coordination of the EU’s foreign folio. Certainly, a solution of this kind relations. Instead of nominating a vice would provoke critical questions in Austria president in this field, Barroso has set up a because its neutrality would restrict its group of commissioners responsible for participation in the field of European external relations. Benita Ferrero-Waldner, Security and Defense Policy (ESDP) as well who has been nominated to be the Com- as in the so called permanent structured missioner for External Relations and EU cooperation (Art III—312, Draft Constitu- Neighbourhood Policy, will be the deputy tional Treaty). In this case, Ferrero-Waldner chair of the group. The expertise of the would have to explain to the other member former ambassador, state secretary and states who are interested in deepening CFSP foreign minister is not in dispute. Therefore and ESDP that under no circumstances it is even more important to clarify during would she let herself be influenced by the the hearings the question of what will debates taking place within Austria. happen to her portfolio once the EU For- A less controversial option, from the eign Minister takes office. This will perspective of the member state’s integra- probably be in 2007, either after the suc- tion into NATO and CFSP/ESDP structures, cessful ratification of the Draft Consti- would be the assumption of the Foreign tutional Treaty or, alternatively, on the Minister portfolio by the Belgian Louis basis of a potential additional protocol to Michel, who is nominated to be Commis- the Treaty of Nice. The creation of an inde- sioner for Development and Humanitarian pendent portfolio for the EU Neighbour- Aid. Michel also can fall back on many years hood Policy under the leadership of Ferrero- of experience as Belgium’s foreign minister Waldner would be one possibility. If Solana, and deputy prime minister. His nomination in the case of the merger of the post of the as EU Foreign Minister could generate oppo- High Representative of the Council for sition from the America-friendly govern- CFSP with the post of the Commissioner ments of Central and Eastern Europe and for External Relations, becomes the new Great Britain because Michel has expressed

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4 a rather critical view of the Bush adminis- missioner responsible for Trade (Peter tration’s foreign and security policy. On Mandelson) should also become a member the other hand, the advantage of a merger of this group, although his portfolio has of the external relation posts in favor of had for a long time a direct and good Michel is that Ferrero-Waldner could bring working relationship with a different together under one roof the portfolio of EU Council configuration, namely the External Neighbourhood and Development Policy Relations Council. and at the same time unify the essential The creation of a coordination and repre- support and financial instruments of EU sentative role of individual commissioners external relations. for a specific Council configuration (in this In any event, the installation of the case Competitiveness) presents a new type Foreign Minister in 2007- midway through of problem: the Council configurations the legislative period—has implications for generally have very broad agendas and the the upcoming investiture procedure of the participation of the Commission in the end Commission: The Foreign Minister will act always depends on the Council’s current as the Commissioner for External Relations need for advice. A clear connection between and in this position he will be responsible Commission portfolios and individual to the Parliament. He or she should there- Council configurations has not yet been fore submit to the investiture procedure defined. The reasons for this are obvious: like all Commissioners. The future instal- first, the design of the Commission port- lation of a Foreign Minister hence needs be folios is not dependent on another insti- addressed and anticipated in the upcoming tution and second, the internal structure hearings. of the Council is defined only by its own self-governance rules. The reorganization of Council configurations has up until now No Super-Commissioner for Economic been used as a flexible instrument for the and Industrial Policy streamlining of certain tasks of the Council In Spring 2004, Germany, France and as well as for the internal coordination of England demanded the nomination of a the different bodies. vice president of the Commission who Barroso and his team should clarify would be exclusively responsible for whether there should be a general align- questions of economic reform. In this con- ment of the Commission with the internal text, the name of the Enlargement Com- structure of the Council. If so, it first would missioner Günter Verheugen was put be necessary to take into account the fact forward. Barroso did not want to let the that the Council configurations could “big” three impose any decisions on him change again during the tenure of the and he took over the chair of a newly Commission without first consulting the installed “Lisbon Group” for economic Commission. Second, there would be reforms. Verheugen, however, will not only the risk that the alignment of Commission function as the group’s deputy chair but portfolios with Council bodies would be also in the future will represent the Com- perceived as the subordination of the Com- mission in the “Competitiveness” Council. mission to the Council and its internal Since more than one Commission port- structures. Barroso has not yet answered folio corresponds to the Competitiveness the question why he let himself be Council, Verheugen will have to coordinate influenced by the Council structures in the portfolios for Competition (Neelie connection with the creation of groups Kroes), the Internal Market and Services in the Commission and not by the commit- (Charlie McCreevy), Science and Research tee structures of the European Parliament. (Janez Potocnik) as well as Taxation and If the goal of the creation of groups within Customs Union (Ingrida Udre). The com- the Commission is to define representative

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5 and coordination functions within the the accession agreements in the area of Commission in the interest of increasing industrial policy. No noteworthy deficien- efficiency with respect to the legislator of cies or significant negotiation mistakes the EU, then it should be remembered were attributed to him at any time. during the parliamentary hearings—at the latest—that legislating in the field of “Com- petitiveness” has already since 1993 been Expectation Pressure and shared between the Council and the Parlia- Rash Criticisms ment! In the last few weeks, it was frequently Barroso’s current concept gives the written that Barroso should take the former negative impression that he only wants Commission President as his to secure the agreement of the heads of model. Like Barroso, Delors also was not the government of Germany, France and Great first choice for the post of the Commission Britain, by accommodating the demands of President in 1984. But with the help of his the Berliner Trilaterale (see SWP-Aktuell charismatic and powerful leadership style, 10/2004). Such a goal can, in the course of he created a Commission committed to the the upcoming tenure of the Commission, principle of collegiality and achieved sur- quickly run into opposition from the prising advances in integration in the field smaller countries as well as from the parlia- of the internal market and monetary union. mentary committees, which feel stripped A comparable self-discipline and integra- of their importance due to the focus of tion dynamic is expected following Prodi’s the Commission on the Competitiveness weak presidency. Prodi is responsible for Council. the fact that the Commission has lost its Such doubts will also be reinforced by ability to define and focus European inter- the fact that Verheugen’s responsibilities in ests—in the internal relations of the EU as his post as Commissioner for Enterprise well as in relation to third countries and and Industry include the fields of industrial international organizations. In the past few policy, competition policy, aviation and years he could not prevent the commis- space, tourism and the free movement of sioners from externally expressing varying goods in the internal market. With all of and contradictory positions and from these responsibilities, Verheugen will have being instrumentalized to serve the indi- a special position in the field of EU eco- vidual interests of the member states. If in nomic policy. The only thing missing Barroso’s Commission individual commis- for him to be “Super-Commissioner for sioners again go public with conflicting Economic and Industrial Policy,” as the proposals, the power of the Commission to press has called the post called for by the define the interests of the European Com- Berliner Trilaterale, is the authority to give munity and its function as the “engine of instructions. Right after his nomination, integration” and the “representative of Verheugen was accused of lacking eco- community interests” will inevitably be nomic expertise. At first glance, this claim damaged. does not mean much given that the exer- cise of the political mandate of a commis- sioner is above all dependent on how the The Direction and Priorities structures of communication, coordination of the Commission and direction are developed in relation to Therefore, Barroso has the task of defining the affected directorate generals. During a unifying direction for all the portfolios of his time as Enlargement Commissioner, the Commission. The outgoing Commission Verheugen demonstrated that he has the can take credit for the enlargement of necessary leadership ability. In this post he the Union by ten new member states. In the was also responsible for the negotiation of near future, comparable projects at most

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6 can be expected to include the creation of ity will it be able to avoid being reduced a coherent European foreign and security to implementing the decisions of the Coun- policy and the consolidation of the area of cil of Ministers and merely reflecting the freedom, security and justice. The ability to balance of power in the European Council. reach these goals will be limited, however, To a large extent, the Commission will to a large extent, by the fact that the prin- be busy with the accession negotiations ciple of unanimity in the Council applies to with Bulgaria, Romania and probably both policy fields. In addition, an influen- Croatia and Turkey. This work will be tial group of states has fundamental reser- framed by the national ratification pro- vations with respect to further integration cedures and referenda for the Draft Con- in these fields. Moreover, the Commission stitutional Treaty, which in the best case has to share the right of initiative with the will be effective between the end of 2006 member states and not all member states and the beginning of 2007. take part in all of the integration projects Barroso’s most important political prio- in these two fields. rity is obviously the implementation of the Barroso has so far not presented a co- Lisbon strategy which aims to make the EU herent agenda. During his appearance in the most dynamic economic area of the the European Parliament he only came up world by 2010. The midpoint evaluation of with a few buzz words such as solidarity, the strategy is due in 2005, which will be security and prosperity. It is not clear how an early test of the new Commission and its this is supposed to add up to a coherent priorities. Barroso’s nominations give the direction for the portfolios during the five impression that he is focused on the eco- year tenure of the Commission. nomic policy aspects of the Lisbon strategy. In fact, this strategy consists of three pillars of the EU policy of sustainable develop- Challenges of the ment: the economy, welfare and the en- Future Commission vironment. The Commission should there- The parliamentary hearings of the com- fore quickly explain how it plans to estab- missioners are a fundamental expression of lish a clear order and coherent direction the democratic elective and control power for the three policy pillars. of Parliament. The hearings will put to the A new socio-political agenda for the test the future working relationship of Par- period after 2006 will also have to be laid liament and the Commission. The conduct out in 2005. In addition, the European area of this relationship will be the subject of a of security, freedom and justice should be joint framework agreement for the Code of consolidated and the Cotonou Agreement Conduct of the Commission. with the countries of Africa, the Carribean Before the beginning of the hearings, and the Pacific needs to be revised. The Barosso should deliver to Parliament a first Commission should take the initiative draft of his political agenda for the entire with respect to these matters rather than tenure of the Commission in order to give waiting for the European Council to do so. Parliament something to which it can refer. Since Barroso chairs the Lisbon Group, The willingness of the commissioners the advances in implementing the Lisbon designate to subject themselves to the cor- strategy will be a measure of his ability. In responding guidelines of such a “contrat de light of the concentration of resources in législature” would be the best proof of their the economic field, the players in German commitment to follow the ‘agreed’ agenda, EU politics should put into place a com- their respect for Parliament, and their wil- patible coordination and instruction struc- lingness to subordinate themselves to the ture in the federal ministries as well as Commission’s hierarchy. Only if the Com- between the government and parliament. mission sticks to the principle of collegial- The government should more closely

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7 examine whether, below the level of federal ment, the Council, the European Council coordination bodies covering more than and national parliaments. If the Commis- one policy field, a coordination structure sion splits into factions, it will only be seen responsible for the Lisbon strategy and as an instrument of individual member questions of sustainable policies should be state initiatives or of the parties in the institutionalized under the Chancellery or European Parliament and will be deemed to the Foreign Ministry. be a failure right from the start. The players As already mentioned, Barroso has in German EU policy should therefore, claimed for himself the coordination of more than before, make sure that they the EU’s foreign policy agendas, although articulate the requests made in their own the national governments remain ulti- national interest in and to “Brussels,” espe- mately responsible for these policies. In cially in the Council of Ministers and in this context, it is important to note that talks with the Commission President, but the Draft Constitutional Treaty does not not to individual commissioners. Such indi-

© Stiftung Wissenschaft und specify the institutional placement of vidualized exertion of influence would be Politik, 2004 the European Foreign Minister. Technically carefully watched throughout Europe and All rights reserved speaking, the Foreign Minister will act as would provoke corresponding reactions

SWP both the chair of the EU External Relations from the other member states. It cannot be Stiftung Wissenschaft und Council and the Commissioner for External in the interest of the biggest member state, Politik German Institute for Relations. However, it is not clear whether which depends on other states and econ- International and the Foreign Minster will follow the working omies the most, to split the Commission Security Affairs and negotiation methods of the Council or and render it unable to function properly. Ludwigkirchplatz 3−4 those of the Commission and this will 10719 Berlin Telephone +49 30 880 07-0 largely depend on the person selected to Fax +49 30 880 07-100 be Foreign Minister. Due to the currently www.swp-berlin.org [email protected] minor competencies of the Commission in the field of CFSP, the Commission President will not be able to distinguish himself in foreign policy. In light of this temporary uncertainty, the key players in German EU policy need to take action, because the institutional placement of the Foreign Minister also depends on the political will of the member states. The key actors in the federal government and parliament should therefore, in the course of the next two years, weigh the advantages and drawbacks, for the German foreign and EU policy, of the orientation of the Foreign Minister towards the Council or the Commission. Margot Wallström will face important and new challenges in her role as personal deputy of the Commission President and as Commissioner for Institutional Relations and Communication Strategy. Together with Barroso she has to undertake the long overdue task of fixing the lack of coherence between the individual portfolios within the Commission as well as the communi- cation of the Commission‘s work to Parlia-

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8 Overview The Future EU Commission

Commissioner Country Function in the Commission Barroso, Portugal Commission President, Chairman of the “Lisbon Strategy” Group, José Manuel Durão Chairman of the “External Relations” Group Wallström, Margot Sweden Vice President and personal deputy of Barroso, Commissioner for Institutional Relations and Communication Strategy, Chairwoman of the “Communication and Planning” Group Verheugen, Günter Germany Vice President, Commissioner for Enterprise and Industry, Deputy Chairman of the “Lisbon Strategy” Group, Chairman of group of Commissioners for the “Competitiveness” Council Kallas, Siim Estonia Vice President, Commissioner for Administrative Affairs, Audit and Anti-Fraud, Chairman of the “Audit” Group Barrot, Jacques France Vice President, Commissioner for Transport Buttiglione, Rocco Italy Vice President, Commissioner for Justice, Freedom and Security Borg, Joe Malta Commissioner for Fisheries and Maritime Affairs, Chairman of the “Maritime Policy” Group Ferrero-Waldner, Benita Austria Commissioner for External Relations and European Neighbourhood Policy, Deputy Chairwoman of the “External Relations” Group Spidla, Vladimir Czech Republic Commissioner for Employment, Social Affairs and Equal Opportunities, Chairman of the “Equal Opportunities” Group Almunia, Joaquín Spain Commissioner for Economic and Monetary Affairs Dimas, Stavros Greece Commissioner for Environment Figel, Ján Slovakia Commissioner for Education, Training, Culture and Multilingualism Fischer Boel, Else Mariann Denmark Commissioner for Agriculture and Rural Development Grybauskaite, Dalia Lithuania Commissioner for Financial Programming and Budget Hübner, Danuta Poland Commissioner for Regional Policy Kovács, László Hungary Commissioner for Energy Kroes, Neelie The Netherlands Commissioner for Competition Kyprianou, Markos Cyprus Commissioner for Health and Consumers Protection Mandelson, Peter Great Britain Commissioner for Trade McCreevy, Charlie Ireland Commissioner for Internal Market and Services Michel, Louis Belgium Commissioner for Development and Humanitarian Aid Potocnik, Janez Slovenia Commissioner for Science and Research Reding, Viviane Luxembourg Commissioner for Information Society and Media Rehn, Olli Finland Commissioner for Enlargement Udre, Ingrida Latvia Commissioner for Taxation and Customs Union

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